Develop Your Writing Skills Using the Principles of Plain English - Case Study - Law Assignment Help

Assignment Task

The purpose of this assignment is to: Develop your writing skills using the principles of plain English. Enhance your ability to adapt and use legal precents to prepare legal documents. Prepare you for legal practice.

The unit learning outcomes assessed are: Scrutinise complex legal problems; conduct research and draft legal documents in plain English language (LO 1). Interpret and apply different types of legal writing and drafting techniques and conventions (LO 2). Locate, analyse, adapt and use relevant legal precedents for effective legal drafting (LO 3). Employ analytical, cognitive, and written communication skills in producing context-specific legal documents, in contemporary Australian legal contexts (LO 4). Utilise a variety of approaches to interpreting legal documents (“statutory interpretation”) and understand how such approaches may inform the process of drafting legal documents in appropriate contexts (LO 5).

Scenario: You are a Senior Associate in the law practice of Victoria Lawyers. You are handling a debt matter (civil claim) between Casey Saddie and your client Eddie Cabinstone Casey is Eddie’s best friend and has engaged the firm of ABC Legal. She is claiming that Eddie owes her $45,000. She lent him this money on 1 January 2021 to find accommodation when he separated from his wife. She has now discovered he gambled away some of the money. The informal arrangement was that Eddie would pay her back by March 2021. He has failed to do so. After negotiations with Casey’s lawyer, the parties have agreed Eddie will repay the money in instalments to avoid going to Court. Below is a copy of the letter from ABC Legal. You have taken instructions from Eddie and he has confirmed that he is satisfied with the terms set out in Casey’s lawyer’s letter.

Task Draft a final settlement agreement that incorporates the terms agreed by the parties (which are set out in the letter). Ensure you include the clauses listed below. Please also include on a separate sheet a brief description of how you found and adapted the precedents for the settlement agreement Your settlement agreement must: Address the requirements of the scenario and draft a simple agreement which includes all requirements set out in the letter and Your agreement must include: the key “action clauses” (settlement payments), a confidentiality clause, a mutual release clause, a non-disparagement clause, a no admissions clause, a jurisdiction clause, a default clause, a binding effect clause (eg executors, administrators etc) entire agreement clause, and a severability clause. Research: Carry out research on appropriate sources/use of precedents and supported by a bibliography and footnotes of the sources you drew on research appropriate precedent clauses to use in the agreement and draft the clauses in descending order of importance. You need to briefly describe in your own words where you found the original clause and how you have adapted or redrafted it into plain English. You can do this at the end of your assignment. Writing & AGLC Keep in mind the key principles – Simplicity, Clarity, Legal Certainty A key focus of this assessment is legal drafting using principles of Plain English. If you use a precedent clause that is drafted in legalese, you must adapt it into Plain English. You must reference in a footnote any precedent clause that you use. Apply AGLC correctly. You need to use AGLC compliant footnotes and bibliography. Please note Do not copy/paste slabs of text from other sources or from these instructions as this would constitute plagiarism. You must use your own words. You must draft a complete agreement. If necessary make up minor details that are consistent with the core terms of the settlement. The agreement must be legally certain. If necessary, include additional terms to make the agreement effective.

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