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Drafting Bespoke Legal Documents

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Source~/.copilot/skills/legal/references/drafting.md
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Drafting Bespoke Legal Documents

This reference covers the workflow for drafting a legal document from facts — not from a template, but from first principles. If you’re starting from a reusable shell, read templates-and-families.md instead.

The seven-step workflow

1. Confirm jurisdiction and document type

Country, state, county, court level (small-claims, district, federal). Demand letter vs. pleading vs. contract — each has a different skeleton and voice.

2. Confirm the goal in one sentence

“What is this document supposed to make happen?” A clear outcome shapes everything downstream.

3. Gather facts with provenance

Who, what, when (YYYY-MM-DD), where, dollar amounts, prior communications. Tag each fact:

  • Verified: You have the email, invoice, or receipt.
  • Unverified: You heard it from the other party, but have no independent proof.
  • Assumed: You inferred it, and the other side may dispute it.

Do not draft without seeing the facts. Paraphrased facts are the #1 cause of bad letters.

Real clause, real statute, real doctrine. If you cannot verify a citation, write [VERIFY: …] rather than invent. The drafter’s job is to flag the gap, not fill it by guessing.

5. Draft to the skeleton

Each document type has a standard structure. Demand letters, motions, and complaints all follow a predictable skeleton. Follow it.

6. Run the Four-Filter check on every sentence

Factual: No unsourced claims. Is this verifiable or assumed?

Defamation: No reckless statements. If you write “deliberately fraud”, do you have facts that show deliberation? Or are you guessing motive?

Perjury: No knowing falsehoods. Do you know for a fact this is true? Or are you hoping it is?

Admission: No unintended confessions. Does this sentence accidentally concede something the other side could use against you?

Strike or rewrite anything that fails any filter.

7. State relief precisely

Exact amount, exact action, exact deadline. Not “reasonable compensation” — “$4,200 plus pre-judgment interest at 8% per annum, due by March 15, 2026.” Not “stop the infringement” — “cease all use of the trademark by midnight on the date you receive this letter.”

Then append Risk Notes (gaps, unverified facts, items needing counsel) and the mandatory attorney-review disclaimer.

Tone and voice

Calm over emphatic. Judges read hundreds of pleadings. The calm, fact-backed one wins attention by default. Superlatives (“egregious”, “willful and malicious”) only if the facts support them.

Plain English. Use eight-word sentences when possible. “The defendant failed to pay” beats “The defendant was in material breach of the payment obligation.”

Second person only in demand letters. A motion addresses the court, not the other party. A demand letter addresses the recipient directly: “You agreed to…”

When you’re unsure, ask

  • “What jurisdiction and court level — small-claims, district, federal?”
  • “Is this for opposing counsel, an opposing party pro se, or a court? The tone shifts.”
  • “What do you want by what date — and what happens if they ignore it?”
  • “Do you have the underlying contract, emails, or invoices? I will not paraphrase facts I can’t see.”

Bryan Garner — “Lawyers’ words are their stock-in-trade.” Legal Writing in Plain English.

Joseph Kimble — “Plain language is not baby talk. It’s a careful, reader-focused style.”

Richard Wydick — “We lawyers do not write plain English. We use eight words to say what could be said in two.” Plain English for Lawyers.

Antonin Scalia & Bryan Garner — Reading Law — text first, canons second, intent rarely.

Ruth Bader Ginsburg — “I try to write opinions so that no one will be able to say: ‘I can’t read this.’” Precision under pressure.

Louis Brandeis — “Sunlight is said to be the best of disinfectants.” Daylight every fact; courts reward parties who concede the inconvenient ones.

Citation verification

Flagging uncertainty

If you can’t verify a citation, use [VERIFY: <what-you-need>]. Examples:

  • [VERIFY: UCC § 2-718 on liquidated damages]
  • [VERIFY: Virginia Code § 8.01-446 statute of limitations for breach of contract]
  • [VERIFY: the Hadley v. Baxendale rule on foreseeability]

The script check_legal_doc.py will flag unflagged citations. Flag them during drafting, not after.

Mandatory disclaimer

Every draft must end with the verbatim attorney-review disclaimer:

This is a draft prepared for attorney review. It is not legal advice and does not create an attorney–client relationship. Do not file, send, or sign without review by a licensed attorney in the relevant jurisdiction. Citations, statutes, and procedural rules should be verified against current authority before any reliance.

Never shorten, edit, or paraphrase this block. It is the document’s legal foundation.

Risk notes — what to include

Risk Notes capture gaps, unverified facts, and items needing counsel. Include:

  • Unverified citations ([VERIFY: ...])
  • Facts the other side may dispute
  • Assumptions that could crumble
  • Timing risks (deadlines, statute of limitations)
  • Jurisdiction-specific quirks
  • Items a licensed attorney should review before filing

Risk Notes are not part of the draft — they’re a separate section the attorney uses to audit the work.