Principles of Drafting for Paralegals

Course details

This course aims to give participants a thorough appreciation of the legal principles of drafting Pleadings. With a focus on practical hands-on drafting, the Trainer will guide participants in actually drafting a Statement of Claim and Defence during the course. The Course is intended to equip support staff and new lawyers with this essential skill of civil litigation.

Course Outline

Morning

• General Rules of Pleading
• Drafting Statement of Claim
  • Elements of the Claim
    • Contract
    • Terms
    • Breach
    • Loss & Damage
  • Material Facts
  • Evidence & Law
• Distilling key information from client’s instructions
  • What does the client want? – Remedies/Damages
  • Contract Date (Formation process of contract)
  • Relevant terms – Oral/Written
  • Possibility of Implied Terms
  • Allegation of wrongdoing – breach/misrepresentation
  • Case Scenario with instructions from client drafting exercise
  • Trainer’s input and sharing of drafts

Afternoon

• Drafting a Defence (& Counterclaim)
  • Denials & Non-admissions
  • General and Special Traverse
  • The use of specific defences such as:
    • Accord & satisfaction
    • Estoppel, Waiver, Laches
    • Failure of consideration
    • Res judicata
    • illegality
  • Counterclaim as a set-off
  • Factually consistent alternative defences
  • Case Scenario and instructions from client
  • Drafting exercise
  • Trainer’s Input

Who should attend

• Paralegals in Law Firms
• 2nd and 3rd Year Law students
• Law Graduates completing the Bar or undergoing pupillage
• Foreign law graduates working as or intending to work as legal associates in local law firms.