Legal Skills: Drafting, Advocacy and Negotiation
Core concepts
Drafting requires a clear structure: parties, recitals, operative clauses, and dispute resolution. Know the elements of a well-drafted contract: definities, verplichtingen, opschortende en ontbindende voorwaarden, and boeteclausules. In litigation drafting, know the structure of a dagvaarding and a conclusie van antwoord, and the difference between a feitelijke en juridische onderbouwing. Advocacy requires the ability to present a case concisely: state the issue, the rule, the application, and the conclusion.
Negotiation skills include identifying interests versus positions, BATNA analysis, and the use of conditional proposals. Know the difference between distributive and integrative negotiation and the role of confidentiality in settlement discussions. Also know the rules on mediation clauses and the effect of a vaststellingsovereenkomst.
Traps
Questions often test whether a clause is sufficiently determinate to be enforceable. Another trap is confusing a boeteclausule with a schadevergoedingsclausule. In advocacy, watch for questions that reward identifying the strongest argument rather than listing all arguments. In negotiation, do not confuse a settlement offer with a binding agreement.
Worked rule of thumb
For any drafting task, use the IRAC structure: Issue, Rule, Application, Conclusion, and check every clause against the question whether a court could enforce it without further interpretation.
Key points
- Structure contracts with definitions, obligations, conditions, and dispute clauses.