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Thursday, May 28, 2026

Lawyers Should Get Work Product Right The First Time - Above the Law

I used to work for a partner who always wanted work product to be drafted and delivered to him by associates as soon as possible. Even if there were no set deadlines that required such a quick delivery of the work product, the partner reasoned that if he had work product delivered from an associate sooner, he could better organize his reviewing and refining work. However, partners should not emphasize delivering work product fast if no external deadline requires it. Getting the work product right the first time is far better than getting it drafted as soon as possible.

Perhaps the main reason why it is important to get work product right the first time — even if this takes more time — is because lawyers often have the best chance to make the biggest impact on work product on the first draft they write. For instance, if a lawyer works on a lease, purchase contract, or any other commercial deal, they will have a much better chance at getting changes accepted by the other side if they raise those changes earlier in the negotiating process. Once parties start exchanging drafts of edits and revisions, it becomes much harder for changes to be accepted by all of the stakeholders.

When deals come to a conclusion, people are usually only willing to change minor details about the transaction as opposed to major deal terms. If lawyers rush when getting out an initial draft of documents, it is possible for attorneys to miss something major that they should have included in the...



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