Lessons on drafting

You could argue the case for some complex commercial document like an M & A agreement. The drafter has, after all, to deal with complicated law; various conflicts of interest between the participating parties; and the balance between obfuscation of difficult issues and ways in which they might be resolved. Personally, I take what may an old-fashioned view. The highpoint of a solicitor’s drafting skills is reached in the humble letter before action.

I learned this lesson on a distinct occasion. It was a darkening November afternoon in the early 1970s during my articles in the City of London. The three-day week and electricity blackouts were in full swing. Out of nowhere I was summonsed to see Sir Charles. To insouciant clerks like myself, Sir Charles was a short, rather stout, gent who turned up infrequently—though oddly he had by far the largest office in the litigation department. His clients were often well dressed and heavily bejewelled ladies of a certain age—somewhat