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Lahore University of Management Sciences

LAW 481A- Legal Practice II: Drafting Legal Instruments, Practitioners’ Skills and Professional Ethics

Fall 2018

Instructor Khwaja Ahmad Hosain

Room No. -
Office Hours TBC
Email hosain@cyber.net.pk
Telephone 03008431437

Secretary/TA -
TA Office Hours TBC
Course URL (if any) -

COURSE BASICS
Credit Hours 2
Lecture(s) No. Lectures per week 1 Duration 1 hour 30 minutes
Recitation/Lab (per No. Lectures per week None Duration None
week)
Tutorial (per week) No. Lectures per week None Duration None

COURSE DISTRIBUTION
Core BA/LLB
Elective No
Open for Student Non-Law Juniors and Seniors
Category
Close for Student Freshmen and Sophomores
Category

COURSE DESCRIPTION
The course will seek to develop practical skills of law students which they can use in legal practice. The course will focus on drafting of
documentation. The skills and techniques of drafting will be highlighted. There will also be sessions on conducting meetings, negotiations and on
legal ethics in practice. This is primarily a course to prepare students for legal practice and to equip them with skills they will find useful when they
start to work as lawyers.

COURSE PREREQUISTE (S)


Law 101 Introduction to Legal Reasoning and Law 102 Introduction to Pakistan Legal System.

COURSE OBJECTIVES
To develop practical skills of students. To enable students to draft legal documents. To equip students with skills they will find useful in legal
practice.

LEARNING OUTCOMES
The students should emerge with a basic knowledge of drafting and other skills required for legal practice.

GRADING BREAKUP AND POLICY


Class Participation: 10%

Midterm 25%
Examination:
Final Examination: 65%

EXAMINATION DETAIL
Midterm Exam Yes/No: Yes
Duration: 2 hours
Exam Specifications: Candidates will be required to draft a legal document on the basis of a set of instructions. This will
be closed book and no access to the internet, although candidates may submit typed responses.

Final Exam Yes/No: Yes


Duration: 3 hours
Exam Specifications: Candidates will be required to answer 2 questions out of three or four. This will be closed book and
no access to the internet, although candidates may submit typed responses.

COURSE OVERVIEW
LECTURE TOPICS ASSIGNED READINGS OBJECTIVES/APPLICATION
Session 1 General introduction to legal drafting. The Relevant laws: Drafting a lease agreement for lease of
form and function of a contract. immovable property.
Miscellaneous Administrative and Contract Act, 1872
Boilerplate Provisions. Substantive
Transfer of Property Act, 1882
provisions of contract. The role of
Recitals/Preamble. The role of Punjab Rented Premises Act, 2009
representations and warranties and
indemnities and other standard contract
terms.
Session 2 Share Purchase Agreement and Partnership Relevant laws: Drafting a share purchase agreement and a
Deed partnership deed.
Companies Ordinance, 1984

Sale of Goods Act, 1930

Partnership Act, 1932

Session 3 Content and Structure of Standard Legal Relevant law: The content and structure of a standard legal
Notice notice in a defamation case.
Defamation Ordinance, 2002

Session 4 Drafting of Agreement for the Sale of Land, Relevant law: Drafting an agreement for the sale of land and
Sale Deed and Gift Deeds. a sale deed. Implied terms. Express terms.
Transfer of Property Act, 1882 Acting for the buyer and for the seller. Gift
Deeds.

Session 5 Agreement for Sale of Movable Property, Relevant law: Drafting an agreement for sale of movable
Implied Terms & Express Terms property. Implied terms. Express terms. Acting
Sale of Goods Act, 1930 for the buyer and for the seller.

Session 6 Banking documentation (including mark up Relevant Laws: Drafting banking documentation which is used
agreements, mudaraba agreements, sukuk for purpose of making available finance
documentation) Charge documents Banking Companies Ordinance, 1962 including mark up agreements, mudaraba
(including mortgages, letters of agreements, sukuk documentation. Controlling
Transfer of Property Act, 1882
hypothecation, assignment of receivables). the relationship between the provider of
finance and the entity availing finance.
Bank guarantees and Letters of Credit. Registration Act, 1908 Positive and negative covenants and
Negotiable Instruments. representations and warranties. Charge
Companies Ordinance, 1984 documents including mortgages, letters of
hypothecation, assignment of receivables.
Financial Institutions (Recovery of
Bank guarantees and Letters of Credit.
Finances) Ordinance, 2001
Negotiable Instruments.

Session 7 Legal ethics and Canons of Professional Relevant law: Legal ethics and Canons of Professional
Conduct for Advocates. Conduct for Advocates.
The Legal Practitioners and Bar
Councils Act, 1973 The Pakistan
Legal Practitioners and Bar Council
Rules, 1976

Session 8 Memorandum and articles of association Relevant law: Drafting a memorandum and articles of
for a private limited and a public limited association for a private limited and a public
company. Companies Ordinance, 1984 limited company.

Session 9 Trust Deeds and Wills. Powers of Attorney. Relevant laws: Trust Deeds and Wills. Powers of Attorney.

Trust Act, 1882 Power of Attorneys


Act, 1882

Session 10 Arbitration Agreements. Arbitration under Relevant laws: Arbitration Agreements and documentation
the Arbitration Act, 1940. required in connection with international
Arbitration Act, 1940 arbitrations. Arbitration under the Arbitration
Arbitration under the London Court of
International Arbitration Rules. Recognition and Enforcement Act, 1940. Arbitration under the London Court
(Arbitral Agreements and Foreign of International Arbitration Rules. Enforcing a
Enforcing a local and a foreign award in the Arbitral Awards Act), 2011 local and a foreign award in the Pakistan
Pakistan courts. courts. Alternative methods of dispute
resolution like mediation and conciliation.
Alternative methods of dispute resolution
like mediation and conciliation.

Session 11 Confidentiality and Mutual Non- Relevant laws: Confidentiality and Mutual Non- Disclosure
Disclosure Agreements. Agreements. Standard employment contracts
Contract Act, 1872 for management. Standard employment
Standard employment contracts for contracts for workers.
management and workers

Session 12 Case Study requiring negotiation, drafting Required Case study will be provided
to 13 and finalization of a settlement agreement in the class
between parties involved in a dispute. This
will involve dividing the class into two
groups representing opposing sides and a
negotiation of the terms and conditions and
of the required documentation. These
classes will focus on (i) how to take
instructions from a client, (ii) understanding
and achieving the aims of your client, (iii)
developing negotiation strategies, (iv)
actual negotiation techniques, (v) arriving
at a settlement, (vi) drafting the settlement
terms and arriving at an agreed settlement
agreement.

Session 14 Legal Opinion in a project finance The content and structure of a legal opinion
rendered by a party’s counsel in connection
with an energy project.

Textbook(s)/Supplementary Readings
None.

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