To Ask or Not?

“Anyone got a template or precedent? Can send it to me?”

This question (verbatim or similar in nature) is posed rather often. It’s not wrong. It is after all a demonstration of willingness that one does not or claim to have all the answers.   

The context is different if the default or immediate reaction by a pupil or practitioner when tackling a legal quandary is to ask for a template or precedent.  

If someone shares a template or precedent, undoubtedly the task is made easier as one can just adopt and use. But pause for a moment. If one is in the habit of constantly asking for templates, it is always certain that one would emerge empty handed.   

What then is the alternative? Rather often, an answer can be found by doing some reading (research in legalese term). Here are some suggestions below (not to be taken lock, stock and barrel as a template or precedent).

1. At times, statutes, rules and/or regulations have templates. Usually the word “Forms” is used. Take the Rules of Court 2012 as one of many examples.

2. Textbooks also provide great assistance. Amongst others, some provide templates for cause papers while some are valuable for drafting of agreements.

3. Reported and/or unreported judgments sometimes set out certain clauses or nature and wordings of cause papers if those are the subject matter. They may serve as guidance.

4. If one happens to know the case number of a matter that concerns your task at hand, a file search could be conducted.

Having done the above and producing something you can call your own is infinitely more fulfilling. Akin to solving crossword puzzles. 

However, assuming that after embarking on the above, an answer continues to remain elusive. By a stroke of luck, someone provides a template to you. Let’s call that person the Giftor. A number of caveats to bear in mind:-

1. Unless the Giftor explicitly consents, do not share it to everyone as if it was your own.

2. Be mindful that the template might contain private and confidential information.

3. Whilst it’s easy to succumb to blindly copying and pasting, be cautious that the contents or structure of the template might be unique to the Giftor’s circumstances and as such not to yours.

4. Constantly cross-refer to current laws and test the rationale of why matters are set out the way they are.

5. The Giftor’s style and presentation might be different from yours. Using the template without giving significant thought might compromise or reflect inaccurately your own style and persona.     

6. There is an unwritten understanding that you would (where possible) return the favour if the Giftor asks. Why shouldn’t you? After all, one does not want to bear the reputation of someone who constantly asks but never gives. With such a reputation, no one would lend a hand in need.   

With or without a template, there is no perfect and flawless product. It is not immune to scrutiny. To err after all is human. But so long as sufficient research is conducted, logical thought processes exist, and discussions are had, you won’t go wrong.