Title
Unit 4 Draft legal documents using
precedents
Level
3
Credit value
5
Learning outcomes
Assessment criteria
The learner will:
1 Understand the processes for
drafting legal documents
The learner can:
1.1 Describe legal and organisational requirements for
drafting legal documents
1.2 Identify the different types of legal documents to be
drafted within own area of practice
Indicative content
1.1 Understanding the legal and regulatory
requirements that apply to legal documents e.g.
court documents must comply with relevant Civil
Procedure Rule provisions such as witness
statements must contain a statement of truth;
e.g. client retainer letter must comply with
regulatory requirements of SRA; wills should
contain an attestation clause and must comply
with s9Wills Act 1837. Following organisational
requirements for house style of legal documents
such as formal advices and client care letters.
1.2 Having a good understanding of area of
practice and relevant stages and the various
documents involved e.g. legal formalities to
grant and register a residential lease.
Appreciating that different stages require
different legal documents e.g. Lease
Agreement, Form OS1, Form TR1, Completion
Information and Undertakings Form.
Demonstrating an awareness of the status and
purpose of different types of legal documents
within area of practice e.g. Damages Based
Agreements in both Civil Litigation and
Employment set out funding arrangements.
2 Understand the principles of
design of legal documents
1.3 Explain how to identify appropriate legal precedent
documents
1.3 Distinguishing between types of standard
legal documents such as procedural forms e.g.
court forms, conveyancing forms, and other
legal precedents such as legal agreements e.g.
Leases, Wills, or pleadings e.g. statements of
case in civil litigation and witness statements for
employment tribunals. Ensuring precedent
forms are current. Obtaining other legal
precedents from departmental or organisation’s
precedent bank, or legal service companies
such as PLC or LexisPSL.
1.4 Explain how to identify relevant content in precedent
documents to be used for drafting purposes
1.4 Distinguishing between ‘boilerplate’ clauses
(clauses in an agreement relating to its
interpretation and general operation) that may
be safe to use for drafting purposes e.g.
standard definitions, matters of construction or
administration, and clauses relating to the
particular subject matter e.g. fees, rights and
obligations. Ensuring source of precedent is
reliable otherwise may inherit mistakes.
Adopting structure rather than content if factual
position not the same i.e. using headings, style.
Understanding dangers of using content from
old precedents that may have archaic language
and not reflect current law or which may not
make sense and/or be suitable for that particular
transaction.
2.1 Identify when it is acceptable to adapt precedents
for legal documents
2.1 Ensuring that regulations allow adaptation of
standard forms e.g. land registry accepts own
organisation’s TR1 forms. Confirming any
modifications to content of legal precedents
meets with procedural, legal and regulatory
requirements e.g. Family Procedural Rules
relating to Care Orders are observed; and that
the legal effect of the document remains
unchanged.
3 Be able to draft legal documents
using precedents
2.2 Describe the structure and content of legal
documents in your own area of practice
2.2 Implementing the actions and considerations
in IC 1.1. Following structure required e.g. for a
defence in civil litigation setting out title, parties’
names, heading, paragraph headings, statement
of truth. Adapting content to match factual
scenario and represent accurate and current law
e.g. an application for a Supervision Order
shows why a child is likely to suffer ‘significant
harm’ if left in the care of the parent e.g.
because the level of care being given is not very
good, or the child is beyond control.
2.3 Explain how to correct different types of errors in
legal documents
2.3 Understanding drafting techniques to
prevent use of ‘legal jargon’ as opposed to legal
terms of art; easy to understand terms, no
repetition of words or paragraphs unless
required. Distinguishing between drafting errors
e.g. spelling, punctuation, grammar, and
substantive errors in content e.g. incorrect or
missing information, unnecessary provisions or
paragraphs. Understanding process of review
following drafting e.g. best practice to print out in
hardcopy to read, have a period of reflection
before reading through, use of spellcheck to
identify typos proof reading to identify drafting
errors etc.
3.1 Identify the purpose, content and format details of
the legal document
3.1 Understanding the link between the purpose,
content and format of legal documents e.g. a
Lease Agreement sets out the terms upon which
the property is leased such as the fees, rights
and obligations of each party and what happens
if any term is breached. The content must
therefore ensure the client’s position is both
reflected and protected, as well as meeting legal
requirements to enable the purpose to be
fulfilled. The content will be set out in the format
required by the law and own organisation.
3.2 Obtain information from relevant sources to inform
the content of the legal document including:
 choice of precedent clauses
 other relevant information
3.2 Distinguishing between legal and factual
sources e.g. client will provide factual
information, own organisation has legal
information from fee earners’ knowledge, legal
resources and precedents. Knowing what
resources are available and how to access
them. Implementing the actions and
considerations in ICs 1.3-1.4.
3.3 Adapt the precedent to suit the purpose of the legal
matter
3.3 Implementing the actions and considerations
in IC 2.1.
3.4 Prepare draft content of the legal document for
review and approval by a supervisor
3.4 Drafting the document implementing the
actions and considerations in ACs 1 and 2.
Highlighting any areas you want to draw to
supervisor’s attention for any reason e.g. lack of
information to complete or this is an area of law
that is not clear.
3.5 Review draft legal documents to correct any errors
with:
 spelling
 grammar
 punctuation
 inconsistencies
 missing information
3.5 Implementing the actions and considerations
in IC 2.3.
Additional information about the unit
Unit aim(s)
This unit is about understanding the
principles and processes of drafting
legal documents using precedents and
being able to draft legal documents
using precedents.
Unit review date
31st August 2015
Details of the relationship between the N/A
unit and relevant national occupational
standards (if appropriate)
Details of the relationship between the N/A
unit and other standards or curricula (if
appropriate)
Assessment requirements specified byThis
a N/A
sector or regulatory body (if appropriate)
Endorsement of the unit by a sector or This unit is endorsed by Skills for
other appropriate body (if required)
Justice, the Sector Skills Council for
Legal Services
Location of the unit within the Law and Legal Services
subject/sector classification system
Name of the organisation submitting the CILEx
unit
Availability for use
Shared
Availability for delivery
1st September 2013