Candidate Attorneys
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Basic Legal Drafting for Candidate Attorneys

CPD Hours: 2

Price: R100.00


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Basic Legal Drafting for Candidate Attorneys

Presenters : Lisa Thomas

This webinar on demand is part of a series of webinars. Click here to read more


Overview

The constant requests for templates reveal that candidate attorneys are unable to approach legal drafting from scratch. Legal drafting is the bread and butter of attorneys’ practice and basic skills must be learned. There are immutable basics that have remained over time which can be easily learned and understood. The Rules of Court (Magistrates’ Court and Uniform Rules of Court) form the backbone of legal drafting.


Learning objectives

By the end of this webinar the attendee should know:

  • They will know why and when legal drafting is required
  • They will understand the basic structure and content of court documents (actions and applications)
  • They will understand the basic structure and content of a general letter of demand
  • They will know the importance of drafting in accordance with the Rules of Court
  • They  will understand the role of document template/precedents

Content

The webinar will cover the following topics:

  • Why do we draft?
  • Letters of demand (general and statutory notices)
  • Letters of demand (general): basic letter structure - receipient’s details at the top, date, mode of delivery, heading (nature of matter & parties’ names), cause of action, demand, time period, bank details (where necessary) legal action warning, signature, firm’s details
  • Letters of demand(statutory notices): structure and content will follow the section of legislation mandating the notice (e.g. Section 129 notice/letter of demand)
  • Structure of pleadings (action): court heading, case number, parties’ names and designation, document name within tramlines, merits of matter, prayer, attorney’s signature and firm details
  • Content of pleadings: facta probanda v facta probantia, necessary and relevant facts, cause of action/defence, attachments/annexures
  • Structure of affidavits (applications): court heading, case number, parties’ names and designations, affidavit type within tramlines, deponent’s evidence, prayer, deponent’s signature, oath, commissioner’s signature
  • Content of affidavits: less formal than pleadings (personal evidence), depends on type of affidavit (founding, opposing/answering, replying, or supporting)
  • Rules of Court (Magistrate’s and Uniform Rules)
  • Templates/precedents

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