Drafting of Legal Documents and Opinion Writing
Pleadings
A pleading must state material facts, not evidence, and must include a prayer and a signature. In particulars of claim, plead the parties, jurisdiction, the contract or delict, the breach, and the damages with particularity. Affidavits are sworn statements: the deponent must have personal knowledge, annexures must be identified, and a commissioner of oaths must administer the oath.
Contracts and wills
A contract should identify the parties, recite the background, define terms, set out operative obligations, conditions, breach and termination, dispute resolution, governing law and signature blocks. Wills require the formalities in the Wills Act 7 of 1953. Notarial deeds require notarial execution.
Opinions
A legal opinion identifies the instructions and facts, states assumptions, frames the issues, analyses the law, applies it, and ends with a clear conclusion and advice. It should acknowledge limitations and be written in plain, precise language.
Worked example
A client wants to claim damages for defective building work. The particulars of claim should plead the written contract, the express or implied term that the work be done properly, the breach, the resulting loss, and the amount claimed. Pleading merely that "the defendant was negligent" without facts is excipiable.
Traps
Pleading evidence; using "I am advised" without stating the source; failing to define terms; and drafting unenforceable wills.