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06 September 2024 / Roger Smith
Issue: 8084 / Categories: Features , Profession
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Lessons on drafting

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

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A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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