Legal Drafting - Levin College of Law



Legal DraftingLaw 6807Section 1680, Class 15718 Monday, Wednesday 8:30 to 9:25 am And Section 1674, Class 15716 Monday, Wednesday 5:00 to 5:55 pm 2 Credit Hours; Spring 2020; Holland Hall Room 270Instructor: Ben L. Fernandez312I Holland Hall352 273 0937Office Hours: Mon, Weds 1:00 to 5:00 pm And by AppointmentCourse MaterialsTextbook. The course materials consist of a textbook entitled Drafting & Revising Contracts: An Introduction to Drafting in Plain English And Revising Complex Form Documents by Ben L. Fernandez, which will be available at the bookstore, and “Legal Drafting, Class Materials,” which is available at Target Copy. The materials for drafting complaints and drafting statutes are in the Class Materials. B.Reference Materials. The following materials are either on reserve or in the Reference Collection of the Legal Information Center.AuthorTitleCupples/Temple-Smith Legal Drafting: Litigation Documents, Contracts, Legislation and WillsCupples/Temple-Smith Grammar, Punctuation & Style: A Quick Guide for Lawyers and Other WritersII.Course MethodWeekly Assignments. The Legal Drafting course requires the completion outside of class of many short and medium-length drafting assignments and occasionally the completion of short in-class projects and on-line quizzes. Office Conferences. Office conferences are encouraged. I will be more than happy to meet with you in individual meetings throughout the semester to discuss your work or the course material.Grade Calculation.Practice Complaint Statute and Rules Quiz0% of GradeGraded Complaint30% of GradePractice Contract Articulation and Organization Quiz0% of GradeGraded Contract60% of GradeGraded Statutory Drafting Quiz10% of GradeIII.School PoliciesAcademic honesty:Academic honesty and integrity are fundamental values of the University community. Students should be sure that they understand the UF Student Honor Code at information and grading scale:The Levin College of Law’s mean and mandatory distributions are posted on the College’s website and this class adheres to that posted grading policy. The following chart describes the specific letter grade/grade point equivalent in place:Letter GradePoint EquivalentLetter GradePoint EquivalentA 4.0C 2.0A-3.67C-1.67B+3.33D+1.33B3.0D 1.0B-2.67D-0.67C+2.33E 0.0 The law school grading policy is available at: . Accommodations:Students requesting accommodation for disabilities must first register with the Disability Resource Center (). Once registered, students will receive an accommodation letter which must be presented to the Assistant Dean for Student Affairs (Dean Mitchell) when requesting accommodation. Students with disabilities should follow this procedure as early as possible in the semester.Attendance:Attendance will be taken at each class meeting. Students are allowed 2 absences during the course of the semester. Students are responsible for ensuring that they are not recorded as absent if they come in late. A student who fails to meet the attendance requirement will be dropped from the course.Workload/class preparation:Students should expect to spend, on average, approximately two hours preparing for every hour of class. Reading assignments are posted on the syllabus for the course. Late Submission of Assignments. If, without authorization, you do not turn in a homework assignment, graded document, quiz or in class project on time, your final grade on the assignment may drop one full letter grade, and may continue to drop at the rate of one full letter grade for each day the assignment remains untendered. If you fail to turn in, on time, three homework assignments or in class project, or any of the graded documents or quizzes, you may be dropped from the class roll.puter UsageLaptops, tablets, cell phones, radios, portable tv’s and other electronic devices are prohibited. Internet surfing, e-mailing and texting classmates during class are also prohibited.I will post any revisions to this syllabus on the CANVAS site for the course. I will also post announcements for the course, examples of applicable statutes and rules, sample drafted documents, grading checklists for documents, and brief videos for reviewing subjects covered in class on the CANVAS site. Any on line quizzes will also be administered on the CANVAS site. VIII. Course Objectives and Student Learning Outcomes. In this course, students will work from a portfolio of simulated fact patterns and applicable statutes, rules, and case law to prepare a variety of legal documents. After completing this course, students should be able to:1. Apply the principles and practices necessary for drafting legal documents, including litigation documents, contracts, and legislative documents;2. Elicit information from fictional clients, counsel them, and draft polished, professional-caliber documents that best serve the clients’ needs; and3. Produce work product that is thoughtfully planned, logically organized, and articulated clearly and unambiguously.The readings in the text are short. Since this is a skills course, students should spend the bulk of their time practicing the writing assignments. Also, it is very important that students takes notes on the material the professor writes on the board in class. Some or all of that material will be included in the next graded document. It is important to the learning environment that you feel welcome and safe in this class; and that you are comfortable participating in class discussions and communicating with me on any issues related to the class. If your preferred name is not the name listed on the official UF roll, if you are concerned that I may not pronounce your name correctly, or if there is anything else about the way you would like to be addressed in class that you would like to discuss, please let me know as soon as possible by e-mail or otherwise. I welcome you to the class and look forward to a rewarding learning adventure together.COURSE SCHEDULEClass Assigned Reading (Due Before Class)Assigned Writing (Due Before Class)Class Discussion1/13Read Class Materials, How to Draft a Complaint, Read Simulation 1 Introduction to Course, Discuss Rules Applicable to Complaints, Review Simulation 1 1/15Learn How to Draft a ComplaintBegin drafting a Complaint for Simulation 1, Upload to CANVASGo over Caption, Commencement, Subject Matter Jurisdiction, Personal Jurisdiction and Venue1/22Continue drafting Complaint for Simulation 1, Upload to CANVASGo Over Statement of Claim for Slip and Fall, Breach of Contract and Statutory Complaints1/27Finish drafting Complaint for Simulation 1. Upload to CANVASGo Over Demand for Relief, Jury Trial, and Signature Line1/29Live Grading Conferences2/3Revise Complaint after Conference. Upload to CANVASPass Out Graded Complaint Assignment, Complaint Statutes and Rules Quiz 2/5Work on Midterm ExamCollaboration with Practicing Lawyer on Transactional Practice 2/10Read Drafting and Revising Contracts, Chapter 1, Getting up to Speed, Read Simulation 2Graded Complaint Assignment DueDiscuss Preparing for Client Conference 2/12Prepare for Client ConferenceDraft Outline and Questions for Client ConferenceSimulated Initial Client Conference2/17Read Drafting and Revising Contracts, Chapters 2-3, Articulation, Learn Basic Contract ArticulationDiscuss Drafting Basic Contract Provisions and Potentially Ambiguous Provisions 2/19Read Drafting and Revising Contracts, Chapters 5-7, Articulation, Learn Basic Contract ArticulationDiscuss Basic Contract Organization 2/24Read Simulation 2, Learn to Draft a Contract Begin Drafting Contract. Upload to CANVASGo Over A Contracts Beginning Sections2/26Continue Drafting Contract. Upload to CANVASGo Over Core Covenants and Deal Provisions3/9Finish Drafting Contract. Upload to CANVASGo Over A Contracts Ending Sections 3/11Live Grading Conferences3/16Revise Contract after Conference. Upload to CANVASContract Articulation and Organization Quiz 3/18Read Drafting and Revising Contracts, Chapter 11, Negotiating Contract ProvisionsIntegration of Negotiation Skills with Practicing Mediator3/23Read In-Class Simulation ExerciseSimulated Contract Negotiations3/25Review Practical Law FormGo Over Form Document, Discuss Revising Complex Form Documents3/30Read Drafting and Revising Contracts, Chapters 8 & 9, Completing Form Documents for a Deal, Revising Form Documents to Create New Forms, Learn to Revise Complex Documents Complete Practical Law Form to Conform to a DealGo Over Revised Document4/1Read Drafting and Revising Contracts, Chapter 10, Revising the Other Side’s Completed Documents, Learn to Revise Complex DocumentsRevise Practical Law Form to Advance the Client’s InterestsGo Over Revised Document4/6Read Drafting and Revising Contracts, Chapters 12, 13, Closings, Ethical IssuesWork on Graded Contract AssignmentPass Out Graded Contract Assignment, Discuss Closings, Ethical Issues4/8Read Drafting and Revising Contracts, Chapters 14, 15, Amendments, Computer Assisted DraftingWork on Graded Contract AssignmentDiscuss Amendments, Computer Assisted Drafting, Complete Course Evaluations 4/13Read Class Materials, How to Draft a Statute, Read Simulation 3, Learn to Draft a StatuteGRADED CONTRACT ASSIGNMENT DUEDraft Statute in class4/15Read Simulation 4Draft Statute in Class4/20Graded Statutory Drafting Quiz ................
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