Writing Effective Policies & Procedures

Pre-Test

• Intro to Legal Drafting and the Types thereof
• The objectives of legal documents 

1. To provide written evidence of transactions
2. To prevent fraud
3. To set out future rights and obligations
4. To record rights and obligations already conferred
5. To set out the details of complex transactions

• Knowledge and statement of the facts and the law
• Review and amendment of drafts
• Methods to be used in drafting Policy and Procedures
• Tips and Tricks of legal drafting and how to avoid any pitfalls in both English and Arabic.
• Develop drafting skills, which will be useful tools in all types of documents.

1. The Drafting Skills
2. Practice
3. Effectiveness
4. Persuasion
5. Invention

• The Drafting Process
•     Time

1. Estimating the time needed
2. Time and the thinking stage
3. Time and the composing stage
4. Time and experience

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• The thinking and Drafting stages

1. Recognize the thinking and drafting processes are pretty significant because “There is an art of reading, as well as an art of thinking and an art of writing.
2. The client
3. Meeting the client’s requirements
4. Obtaining the relevant facts

• Group Discussion & Quiz

Recognize the thinking and drafting processes are pretty significant because “There is an art of reading, as well as an art of thinking and an art of writing.

1. ·        The client
2. ·        Meeting the client’s requirements
3. ·       Obtaining the relevant facts

Group Discussion & Quiz

Day (1) – Recapping

• How to build a contract

1. Introductory Thoughts to Drafting Contracts Contract Award
2. The Lawyer as the Client’s Guide
3. Which Side Should Draft?
4. Role of the Non-Drafting Lawyer
5. Contractual Language
6. What makes contractual language special?
7. Doublets and Triplets
8. Contract Drafting Basics
9. Boilerplate Provisions

• Increase recognition of the use of Policy and Procedures
• Focus on the Key words based on hands-on practice through peer to peer and working groups to improve the skills of writing

Group Discussion & Quiz

Day (2) – Recapping

• Sources of Obligations

1. Definitions of contract
2. Essential Elements of a Valid Contract
3. Classification of Contracts
4. Procurement and Contracting Process
5. Elements of a simple contract
6. Capacity of the Parties
7. Genuine Consent

• A Contract

1. What is a contract?
2. Does the following constitute a Contract?
3. What are Contract Terms?

• Fundamentals of Drafting Contracts

1. Areas of Concern
2. How to Draft a Term
3. Punctuation
4. What is the “Battle of Forms”?
5. Preparing the Contract Draft
6. Reflecting the purpose of the transaction
7. Analysing and mapping out the contractual transaction process
8. Structuring the contract draft

• Contents of the front and back of the contract

1. Title
2. Parties
3. Recitals
4. Dates
5. Definitions
6. Signatures
7. Attachments, Appendices and Annexes

• Using Boilerplate clauses, such as

1. Governing law clause
2. Dispute resolution process
3. Contract variation mechanism
4. Confidentiality obligations
5. Assignment and sub-contracting
6. Force Majeure
7. Notices and communication clause
8. Drafting exercises

• Focus on the Key words based on hands-on practice through peer to peer and working groups to improve the skills of writing in English and Arabic
• Improve clarity of expression in documents Increase working knowledge of implications and potential problems with Policy and Procedures.
• Disputes Resolution Steps in drafting Policy and procedures
• Group Discussion & Quiz
• Post Test