[Essay Help]: LLW1003-Legal Writing And Drafting
LLW1003-Legal Writing And Drafting.
You are a Senior Associate in the law practice of Brown and Blake Lawyers. You are handling a civil claim for damages by Nathan Taylor against your client Phillip Thomas
Nathan Taylor has engaged the firm of Shylock Legal. He is claiming damages from Phillip Thomas for the injury that he suffered in the incident at the MCG on Saturday 7 September 2019.
On Saturday 7 September 2019 the client went to the Football at the MCG with his girlfriend Tanya Wright. They arrived at approximately 3.45pm and waited in the line to enter the football ground. Tanya told Phillip that the man behind her, Nathan Taylor had pinched her buttocks.
The client was upset but controlled himself. The couple entered the football ground and found their reserved member seats. The man from the line was seated next to them. Phillip tried to focus on the game. Half way through the game Nathan dropped beer onto Tanya’s lap.
Philip confronted Nathan about the incident in the line and the beer which fell onto Tanya’s lap.
Nathan denied doing so and they got into heated argument, Nathan pushed your client’s chest. Phillip lost his temper and retaliated by punching Nathan’s left eye. Your Client admits he can be hot-tempered at times. Other persons were present at the scene as well and may have been involved in the fight, but your client can’t recall.
The police officer who had been patrolling intervened. The police took Phillip into custody, and brought him to the St Kilda Police Station. Interviewed by two male officers – Sr Constable Stuart Fields and Constable Jack Matthews. The Interview lasted approximately 1 hour. He was told he may be charged and he was then released at approximately 1.00am.
Your Client has received the Charge and Summons from police. He needs to attend the Melbourne Magistrates’ Court in October 2019 to answer charge and he wants to contest the charge.
You have advised your client that we will request the police brief and take further instructions. You took a photocopy of the charge and summons. You told your client that the next interview will probably be in 2-3 weeks, that you will require $3,000 deposit towards the retainer, but client has no money to pay the full amount in one instalment. He said he will pay in two monthly instalments.
After negotiations, Nathan’s lawyer Portia Finch and you have reached an agreement in principle. The agreement takes into account Nathan’s public embarrassment and the pain and suffering he went through from the assault by Phillip. The most recent letter from Nathan’s lawyers is attached. You have taken instructions from Phillip and he has confirmed that he is satisfied with the terms set out in Nathan’s lawyers letter.
Draft a final settlement agreement that incorporates the terms agreed by the parties. Your agreement must include:
1. The key “action clauses” (settlement payments),
2. A confidentiality clause,
3. Mutual release clause,
4. Anon-disparagement clause,
5. A no admissions clause, a jurisdiction clause and a default clause.
Your settlement agreement must:
Address the requirements of the scenario and draft a simple agreement which includes all requirements
Present the settlement agreement addressing o the key “action clauses” (settlement payments), o a confidentiality clause, o a mutual release clause, o a non-disparagement clause, o a no admissions clause, o a jurisdiction clause and o a default clause.
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. 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.
Apply AGLC correctly o Footnotes: You need to use AGLC compliant footnotes,
Carry out research on appropriate sources/use of precedents and supported by a bibliography and footnotes of the sources you drew on o research appropriate precedent clauses to use in the agreement o draft the clauses in descending order of importance
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. You may use the agreement template that was provided in class and uploaded on VU Collaborate.
The agreement must be legally certain. If necessary, include additional terms to make the agreement effective.
LLW1003-Legal Writing And Drafting
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