Ken Adams has a pop quiz for lawyers who draft contracts at his blog, AdamsDrafting.  I don't draft contracts, but I enjoy pop quizzes.  (By the way, I made a perfect score).  Here are the questions: 



Go to Ken's blog to check the answers.  Ken is a strong advocate for improving the quality of contract drafting and also for establishing a set of rules to guide contract drafting.  Even litigators (like me) can learn a lot from reading Ken's blog. 

While you are at Ken's blog, read his entry about the different cultures of deal lawyers and litigators.   Ken accurately states the general perception that litigators as being fighters and deal lawyers as being builders.  But the best litigators and the best deal lawyers find a way to do both.

Evan Schaeffer at the Illinois Trial Practice blog suggests that we draft our brief before reading the other side's brief.  He asks if that "sounds nuts," and my first response is that it does.  In my practice, I am hired by lawyers to write briefs and generally am not involved in the case until the time that a brief is needed.

But there are times that I am involved in a case through discovery, dispositive motions and trial.  In those cases, I do think it is helpful to keep and regularly update an outline of my theory of the case and supporting proof.  I also try to draft an outline of the opposing party's theory of the case, noting the proof on all issues.  These outlines and Evan's tip to draft a brief before seeing the other side's papers both require lawyers to evaluate and re-evaluate their cases.  Without regular review of relative merits of the case, it would be easy to get to the end of discovery and not be prepared for trial.  Also, we all know that the strength of a case can change rapidly during discovery.  We can't advise our clients properly without evaluating the case in the context of new witnesses and new documents. 

So Evan, your tip may initially sound nuts, but it is very sound.