DRAFTING EXERCISE - Brands Delmar - Cengage Learning

1 DRAFTING EXERCISEPARALEGAL EXERCISE supervising attorney has a client, Sarah Delbarton, who has fourchildren (Amy, age 12; Clara, age 8; Reginald, age 6; and Hugo, age 5).Ms. Delbarton, a single mother, travels extensively on business. Ms. Delbartonis in the process of hiring a tutor to teach her children. The tutor willreceive room and board, a salary, and insurance benefits. The tutor willhave a three-month probationary period, after which will begin a one-yearterm. Ms. Delbarton would like an option to renew for an additional the renewal year, the parties will be free to renegotiate the household staff includes a housekeeper, a nanny, a cook, and a gar-dener. Ms. Delbarton would like your law firm to identify the appropriateperson, conduct the initial interview to screen applicants, completethenecessary background check, and prepare the necessary Delbarton, however, would conduct the final interview and make theselection.

2 Ms. Delbarton would like to remain anonymous until the Draft an advertisement for your local newspaper. Should thisadvertisement be an offer or only preliminary negotiation?2. Draft an offer in letter form. Do you want this offer to be a totalintegration of the terms of the proposed contract or only apartial integration so some terms will be in the writing andothers will be supplied orally?You may want to explore various form books or the internetfor sample employment contracts. They may give you ideasabout format and content. You may want to check out such Websites as Legal Forms, Lectric Law Library s Legal Form Room, and Sample Employment Contract. Also check West s When using such material, anumber of points must be remembered. First, the forms may notbe accurate in spite of the drafters best efforts. Second, the formsmay not be current because the law is always changing. Third,the forms may be accurate for one situation but not for Assume that Ms. Delbarton has interviewed and selectedGwenneth Lloyd-Jones for the position and your firm has,on Ms.

3 Delbarton s behalf, sent Ms. Lloyd-Jones an Lloyd-Jones, however, has responded with the following letter:Thank you for your letter of June 5th. While I find the positionand the terms of your letter very enticing, I have been advised torequest that the following be added to the In the event of a dispute, I would like us to attempt to resolvethe dispute by negotiation. If that fails, I would like us to trymediation. Only if negotiation and mediation fail, would weresort to arbitration. Disputes would not be resolved bylitigation. Also, disputes will be resolved in this state usingthe laws of this Although this contract is for a stated term, I would like theopportunity to terminate the contract upon four weeks I would like the option to include an automatic increase incompensation of 10 I would also like to be assured that during the first and eachsuccessive year of my employment, a two-week paid vacationis let me hear from you at your earliest convenience ifthese requests are satisfactory.

4 I have another offer and need tomake a decision within the next two Ms. Lloyd-Jones s letter an acceptance, a rejection andcounteroffer, or merely an inquiry? Draft a It is now six months later. Ms. Lloyd-Jones has acceptedMs. Delbarton s offer as you have drafted it in part (3) and hasbegun work. Ms. Delbarton and Ms. Lloyd-Jones have discussedmodifying their contract in the following manner:(1) increasing the term of the option to five years; (2) addinga week of vacation for each two years of service; and (3)decreasing compensation by 15 percent as each child graduatesfrom high school and leaves the family a modification of the contract that you drafted inpart (3). Remember to provide the appropriate considerationfor both the offeror s promise and the offeree s additional facts are necessary for any part of this question,you may create these facts (including compensation) as