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Contra proferentem (Latin: "against [the] offeror"), [1] also known as "interpretation against the draftsman", is a doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording.
The drafting of legal documents such as contracts is different as, unlike in most other legal writing categories, it is common to use language and clauses that are derived from form books, legal opinions and other documents without attribution. Lawyers use forms documents when drafting documents such as contracts, wills, and judgments.
A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters.. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as well as the lawyer's area of practice.
A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court.
The terms Parliamentary drafter, Parliamentary draftsman, legislative drafting officer and legislative counsel are also widely used. These terms are used in relation to the United Kingdom parliament in Westminster, and other parliaments and assemblies based on the Westminster system. The official title, and organisation, of the parliamentary ...
In Poland, it is used as a free profession of public trust dealing with the provision of legal aid, in particular providing legal advice and consultations, drafting legal opinions, drafting legal acts, and appearing before courts and offices as a proxy or defence counsel. It is carried out on the basis of the Law of 6 July 1982 on attorney-at-law.
Law costs draftsmen must be skilled in the application of the statutory law relating to legal costs, and be familiar with the system of legal fees. For this reason, many firms of litigation solicitors retain law costs draftsmen as employees. Others rely on the services of dedicated costs drafting organisations and independent draftsmen.
Legal technology companies such as LegalZoom and Rocket Lawyer provide consumers and small businesses with document automation services. Document drafting is rules-based legal work and drafts of legal documents, such as contracts and the documents required for company formation, can be reliably generated through an interactive website. [17]
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