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drafting and negotiation process

Of course. In the legal profession, the iterations of an agreement during the drafting and negotiation process are referred to by several specific terms. The most common and formal term is "redlines," but the language can vary depending on the context and what specific aspect of the iteration you're referring to.

Here’s a breakdown of the common terminology:

1. Redlines or Redlined Version

This is the most standard term. It refers to a document that shows all changes (additions, deletions, and modifications) made from a previous version, typically using Microsoft Word's "Track Changes" feature.

  • Additions are usually shown in red text with underlining.
  • Deletions are shown in red text with strikethrough.
  • Usage: "Please send me the redlines comparing your latest draft to the one I sent yesterday." or "I've reviewed the redlined version of the APA."

2. Blackline

This is a synonym for "redlines" and is used interchangeably. The term comes from the old practice of using black ink to show edits on a physical document. While "redlines" is more common in everyday usage, "blackline" is perfectly correct and often used in more formal or specific contexts (e.g., "Please prepare a blackline of the changes").

3. Draft

This is a broader term for any non-final version of the agreement. Iterations are often numbered or dated.

  • Usage: "I'm attaching Draft 3 of the agreement for your review." or "Please find the July 26th draft herein."

4. Mark-up

This is similar to "redlines" but can sometimes refer to the act of editing itself or the document containing the edits.

  • Usage: "I've done a mark-up of the indemnification clause." (referring to the edited copy) or "My mark-up is attached." (referring to the document with tracked changes).

5. Comparison or Doc Compare

This is a more technical term describing the function (often in Word or dedicated legal software) used to generate the redline document.

  • Usage: "I ran a document comparison between the two versions to see what changed."

6. Clean Version

This is the counterpart to the "redlined" version. It is the same document without the tracked changes visible, showing only the final, incorporated text.

  • Usage: "Once we agree on all changes, please send a clean version for signature."

How They Are Used in Practice:

A typical workflow between lawyers and clients might look like this:

  1. Lawyer A: "I'm sending you Draft 1 of the NDA."
  2. Client: "I've reviewed it and have some comments. I'm sending back my mark-up."
  3. Lawyer A: (Reviews the client's changes) "I see your proposed changes in the redlines. I can accept most of them, but I have a counter-proposal for Clause 5."
  4. Lawyer A to Lawyer B: "Attached please find Draft 2 of the NDA, along with a redline against your client's last proposed version."
  5. Lawyer B: "We accept this version. Please send a clean copy for execution."

In summary, while "redlines" is the go-to term for the document showing tracked changes, the specific word choice can depend on regional preferences, firm culture, and the precise context of the conversation.