LAW FIRMS · WORKFLOW 07

Drafting from precedent

The agent searches only the folders the firm has approved and assembles a first draft from clauses marked with their source matter; the associate edits, the partner signs, and the draft goes back to the bank.

Your own precedent bank, with the source of every clause marked.

Who it is for

A firm whose best drafting sits in old matters that nobody can search at the moment they need it. The clause that would have saved four hours exists. It is the finding of it, and the knowing where it came from, that does not.

An approved folder list comes first. Without an archive the workflow is not built; without a permitted folder list it cannot search.

The trigger

A request for a first draft of an agreement, a submission or an opinion.

The request must be bound to the matter it is for. A request with no matter link does not enter the workflow.

The stages

  1. Frame

    The document type, its purpose and its matter are written down, with the counterparty position where there is one.

  2. Search

    The search is limited to the archive folders allowed by the mandate.

  3. Select

    Clauses are selected from the firm’s own bank and nowhere else. A gap where the bank has nothing is marked.

  4. Assemble

    The draft is assembled with the source matter of every clause marked on it.

  5. Associate edits

    The matter lawyer edits the draft, and the changes and provenance travel with the clause.

  6. Partner signs

    A partner signs the document before it leaves the firm.

  7. Return to the bank

    Anything to be returned to the bank passes a separate approval by a person first.

What the agent may read, keep and do

May readThe permitted archive folders, the matter file, the firm’s templates and legislation sources.
May keepThe clause selections and their sources, for the retention period agreed with you. No permanent copy of another matter’s text is kept.
May doSelect, assemble, mark provenance, and flag a gap where the bank has nothing. It may not invent a clause and present it as precedent, and it may not write to the bank, send to a client, hide a clause’s source or read a folder outside the permitted list.

The permitted folder list is separately reviewed for professional secrecy and signed by a partner, because the search can bring text from another client’s matter into a new matter.

Where a person signs

Twice. Stage 06 for the document, by the partner. Stage 07 for anything entering the bank, as a separate approval. Nothing enters the bank unsigned, because a bad clause in the bank is a bad clause in fifty matters.

The partner sees the draft, the source matter for each clause and every marked gap. A clause with no visible source does not reach signature. Review depth follows the document’s impact; material entering the bank receives the deepest review because it can affect more than one matter.

What the record contains

Provenance is part of the record rather than a comment in the margin.

SAMPLE RECORD FIELDS

These are the fields, not a real matter. No client work appears on this site.

FieldWhat goes in it
DocumentThe document type, its matter, the requester and the purpose it was framed for
ClausesEvery clause, with the matter it came from
GapsEvery gap the bank could not fill, and what was done about it
DrafterThe lawyer who edited the assembled draft
SignerThe partner who signed, the time and the version signed
BankAny entry created in the bank, and who approved it
FoldersThe permitted folder list and the folders actually searched
VersionsDraft versions and the lawyer’s edits alongside their source marks

Entries are written as the run happens and are append-only. A correction is a new entry naming the one it corrects. Section 5 of the operating standard says what that means in practice.

The measure a pilot uses

One measure, chosen by you. The one I would usually propose is the share of first drafts assembled entirely from marked sources, with no unsourced clause reaching the associate. Time from request to first draft is recorded for information, not as a second acceptance measure. The baseline is taken from recent drafts already produced by hand.

The critical error is a clause in the draft whose source is not marked. Tolerance in that class is zero.

The systems it usually sits on

The document system (including a local file system where the archive lives in folders), the precedent bank wherever it lives, and Word. In a larger firm the bank usually sits inside iManage, NetDocuments or SharePoint rather than in a separate tool. In Türkiye the output goes to the firm's own UDF flow and, where required, through e-imza and KEP. LEXSAS resells none of these and claims no certified connector to any of them.

The first week

Day one
The scope call: document types, where the bank lives, who drafts, who signs, the measure.
Days two and three
We take a set of recent first drafts and mark where each clause actually came from. The real coverage of the bank becomes visible, and so do its gaps. We prepare a one-page permitted folder list, review it for professional secrecy and obtain the partner’s signature.
Day four
The mandate, the provenance format and the rule for what may enter the bank are written down, and you correct them.
Day five
A gold set is built from past drafts, the record format is agreed, the baseline is taken and the pilot dates are fixed.

The engagement brief determines the sequence for each assignment. This is the usual order of work, not a timetable commitment.

Exit terms

If the work ends, the firm keeps the following, in an exportable format:

  • The permitted folder list and partner signature
  • The clause provenance records and source marking rules
  • The bank feedback rules and approval step
  • The mandate and its register
  • The gold set and every run record

The clause provenance and the bank structure are the part with long-term value, and both are the firm’s own.

Three questions

No. It flags the gap and stops. A clause that is not in the bank is a drafting decision, and a lawyer makes it.

Every clause in the assembled draft carries its source matter. The provenance is part of the record rather than a comment in the margin.

Only what a person approves. A bad clause in the bank is a bad clause in fifty matters, so nothing enters it unsigned.

The controls behind this page are in the LEXSAS operating standard, sections 3 to 5. The other three firm workflows: matter intake and engagement scoping, research and citation verification and matter record and client reporting. The terms are defined in the glossary. All eight workflows are on the workflows page. Get in touch