header-logo header-logo

Lessons on drafting

06 September 2024 / Roger Smith
Issue: 8084 / Categories: Features , Profession
printer mail-detail
188085
Roger Smith presents his five-step process for the perfect letter of action

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll