Be careful with the word “draft.”

Dear Legal Writer, I got 2 kinds of contradictory, negative feedback when I was new at different firms. Both turned on the meaning of “draft”:

1️⃣

“Why on earth would you spend time at $500+/hr filling in citations when a paralegal could have done that for $100/hr?

You were asked to ‘draft’ the brief, not to spend time on cites. Don’t ever do that again.”

2️⃣

“How could you possibly have thought it acceptable to turn in a ‘draft’ that still has blank cites in it?

What you did is totally unacceptable. Don’t ever do that again.”

***

❓ So, which is it? Should citations be completed BEFORE you deliver a “draft” to a more senior attorney?

ANSWER: It depends. Different firms, different ways.

You must ASK. Never assume.

And here’s the larger point:

🚫 An instruction to “draft” something generally does NOT mean to prepare a “rough draft.”

Unless you’ve received clear instruction to the contrary, if you’re asked to “draft” something, it means you should write and deliver something that is:

—properly formatted;
—perfectly proofread; and
—ready to file.

🔷 3 TAKEAWAYS:

1/ “Draft” can mean totally different things depending on your law firm, department, and particular assigning attorney.

2/ It is YOUR job to get clarity on what “draft” means for your assignment.

3/ Make any uninformed assumptions about what “draft” means, and you risk a really bad outcome.

Fondly,
💌 Amanda

P.S. What does “draft” mean at your firm?

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