Legal documents play an important role in the more formal
parts of our society. They solidify agreements, define
relationships, and plan for future events. Legal documents
include contracts, real estate deeds, wills, parenting plans,
etc. When drafting legal documents, it is important to keep
the following in mind:
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Goals: We draft legal documents to serve two
interests: First, these documents reflect the agreement
between the parties. Verbal misunderstandings happen all too
easily and create friction. An important goal of legal
document drafting is to clarify the intent of the parties.
Second, well-drafted legal documents protect each party from
the other by providing a basis for dispute resolution should
a dispute arise.
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Precision: The best legal documents are precise,
leaving no room for ambiguity. Precise documents insure that
the parties truly agree on the contents, and prevent future
disputes caused by differing interpretations of the
document. Drafting precise legal documents is a skill
requiring close attention to detail.
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Unanticipated Events: While it is easy to draft terms
addressing the primary purpose of a legal document, the best
documents anticipate possible events that might interfere
with the client’s intent. For example, a well-drafted will
should consider the possibilities that would frustrate the
testator’s wishes, such as the death of a beneficiary, the
birth of a new child, or the destruction of a gift before
the testator’s death. At Brandli Law, we anticipate these
events to help our clients determine whether the legal
document should address them.
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Concise: While it is true that a lawyer’s job is to
educate the client about what he should consider putting in
a legal document, some lawyers cannot resist the temptation
to account for every possible eventuality. Many times, this
approach is good. But, this approach could turn off the
other party or result in an unwieldy document. At Brandli
Law, we keep these trade-offs in mind.
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Boilerplates: Pre-written forms can save a client
money by reusing already effective documents. While we at
Brandli Law leverage previous work, we believe that a good
product comes first from a careful understanding of our
client’s unique needs. We are not afraid to customize legal
documents for our clients.
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Negotiation: There are some negotiations where each
party is trying to get as much as he or she can. Effectively
negotiating in these circumstances requires skill, a steely
nerve, and an unflappable approach. However, many
negotiations require a softer approach that keeps in mind
the client’s goal of making the deal rather than getting as
much as possible. At Brandli Law, we approach each
negotiation uniquely, taking into account the client’s
desires and the personalities of the other parties and
counsel.
At Brandli Law, we recognize that apparently logical legal
documents reflect the very human desires of our clients.
Although important, it is not enough for us to be sure our
clients’ rights are protected. We strive to understand all of
our client’s desires and to be sure they are addressed in the
document drafting process and in the final product. |