English truly is the international legal language. I’m off to Cannes to deliver two sessions of English legal writing training to some really bright employment lawyers from 13 different countries at the Ius Laboris annual conference. Ius Laboris (https://www.iuslaboris.com/home) are a fantastic global network of lawyers specialising in human resources law. What could be better than training an enthusiastic audience in a beautiful place on a subject I love?
Realistic drafting exercises – the key to successful training
Some of the most fun I have is when I’m producing writing and drafting exercises, tailored to a particular team. Yesterday my challenge was to develop a realistic exercise for an investor relations team at a media company; today I need to come up with a scenario for settling some commercial litigation, and a really terrible letter of advice on employment law issues, both for sessions in the next few weeks.
A really engaging, focused exercise, allowing delegates to practise all the principles they’ve learnt, makes the training end on a high note. It’s great when you see an exercise working well. And it’s a chance for me to be creative, whilst still attuned to my clients’ needs!
Should you use “and/or” when drafting legal agreements?
Our most popular course is our legal drafting course. Not surprising really, given that it’s the core business of business lawyers to document commercial deals in agreements that are clear and user-friendly and reflect the clients’ wishes.
A recent case has highlighted, yet again, the dangers of unclear drafting – Situ Ventures Ltd v Bonham-Carter and Anor [2013] EWCA Civ 47. One remark in Mummery LJ’s judgment was music to our ears:
“The use of the expression “and/or” in any legal document is… open to numerous more fundamental objections of inaccuracy, obscurity, uncertainty or even [of] being just plain meaningless.”
You have been warned!