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Legal Drafting Techniques

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This technique emphasizes the uniform and consistent application of terms throughout a document.

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Consistency

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This method uses real-world examples or hypotheticals to explain or support legal points or arguments.

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Illustrative Drafting

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In this technique, the drafter places the most important information at the beginning and end of paragraphs and documents.

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Primacy and Recency

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This technique ensures that terms are defined clearly to avoid ambiguity and potential disputes.

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Definition of Terms

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This drafting approach mandates that every provision should serve a purpose and be necessary for the document.

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Purposeful Provision

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In this method, the writer actively addresses potential counterarguments to strengthen the document's persuasiveness.

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Anticipatory Rebuttal

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Drafting that uses a direct and assertive tone to convey certainty and command in legal instruments.

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Authoritative Language

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This is a writing rule that suggests avoiding unnecessary words or phrases to make writing more concise.

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Conciseness

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This technique ensures that all necessary parties are included in legal drafting, with provisions relevant to all member criteria.

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Inclusive Drafting

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A technique in which legal drafters anticipate potential changes and developments that may affect the document in the future.

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Dynamic Drafting

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This tactic involves using established forms and precedents as a starting point to ensure accuracy and completeness.

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Precedent-based Drafting

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A practical technique where the drafter makes strategic use of formatting to enhance document readability.

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Visual Clarity

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This approach to drafting involves the gradual elimination of all ambiguous terms to create clear and enforceable language.

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Iterative Refinement

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This practice involves carefully choosing language that does not reflect bias or stereotypes and is sensitive to all readers.

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Neutral Language

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This technique involves starting with a general principle and following with specific details to create a logical flow.

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Deductive Logic

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A drafting method where complex clauses are broken down into sub-clauses to create a hierarchy of information.

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Modular Drafting

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This is a writing approach where each sentence follows logically from the one before, making use of transitional phrases.

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Logical Sequence

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This technique focuses on the audience, ensuring the language and style are appropriate for their level of understanding.

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Audience Adaptation

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This method involves explicitly stating what is not intended or covered by the document to prevent misinterpretation.

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Exclusion Clarity

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This drafting technique employs a consistent structural pattern across similar sections or provisions in a document.

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Parallel Construction

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