All about legal drafting
Lawyers draft legal documents on a daily basis in the process of client handling. A document may be, for example, a pleading, an affidavit i.e., litigious matters and may be certain documents like a contract, a will or may be terms of settlement i.e., non- litigious matters.
What is drafting?
It is actually the art of writing legal documents, which requires continuous practice in order to become an expert. The main objective is to provide the facts of situation or the issues in brief to the reader, with the basic aim to provide accuracy and truth. A lot of skills and patience is involved for a properly drafted document. Drafting is based on a two-fold concept: -
- Conceptual
- Verbal
It is important not only to choose the right words but also to seek right concepts. Therefore, it means first thinking thereafter executing it into document form.
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Any document before it is presented to the final authority follows three phases: -
A) The first draft: — Which primarily aims at the comprehensiveness of the facts.
B) The second draft: — With the further aim of correcting the form and language of the first draft.
C) The final draft: — As the name suggests, it aims at giving a final touch and the finish up to make the document authoritative and able to convince.
What is draft?
It is a basic document providing the outline of everything that needs to be done. Terminologies in making a draft: -
1) Draftsman: — A person who drafts documents like lease deed, mortgage deed etc.
2) Dragoman: — The one who translates the summary of judgments
Purpose of Drafting
The Primary purpose of drafting is: -
1) To provide suitable material
2) To provide concise form of data
3) To provide easy form of data to the clients this is easier to read
4) To provide information to both the client and court about the issue
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Rules of Drafting
Following set of rules should be followed: –
1) Firstly, a design should be framed before making of a draft
2) Facts should not be omitted or admitted randomly
3) Generally, statements in negative form should be avoided
4) Technical form of language should be preferred
5) Accuracy shall be maintained while using legal language
6) Draft should be clear and easy to understand
7) The rules of interpretation and cases should be used with diligently
8) The draft should be self-explanatory as far as possible
9) The draft should have a distinct subject matter and should be divided into paragraphs
10) Facts should be logically arrange
11) The meaning of the draft as intended by the writer should be easily conveyed
12) The draft should be drafted in a justifiable manner
13) A number of readings should be given to the draft before passing it for due consideration
DO’S and DON’TS
DO’S
1) Easier form of words should be used and if possible, a group of words should be reduced to one that increases the quality.
2) Shorter sentences should be written.
3) Write in short Paragraphs
4) Limited usage of words.
5) Active voice to be preferred over passive.
6) Pick up the right word.
7) Motive behind writing to be very specific.
8) To be written from point of view of the reader.
9) An outline for the draft is very important.DON’TS
1) Avoid unnecessary repetitions.
2) Words with similar sounds should be avoided.
3) Negative statements should be avoided.
4) Typing errors should be avoided.
Ways to improve your Legal Writing skills: -
1) Remember your audience: — Always remember that every write-up has different readers. A writer should always write with intention to cater the needs of the readers, the content shall vary accordingly. The audience should be kept in while drafting.
2) Organize your Writing: -It is always important to know before proceeding with document to know the purpose behind drafting it. Is it for advising, updating etc. Shorter forms of sentences should be over longer ones.
3) Authentic: — The writing style should be, as close as possible, authentically you.
4) Identified facts must be mentioned in the document.
5) Research the on the facts and the subject matter of the document.
6) Facts and Law both should state those terms of documents that fulfill client’s goals.
7) Complicated legal phrases should be avoided
Conclusion
Drafting is considered as an art and an advocate should keep in mind while drafting that language should be very precise and easy for everyone to understand, but at the same time easy to convenience the judges. Good Legal drafting skills are considered every important for a lawyer or law student. Drafting is one of most intellectually demanding skills that lawyers shall posses. Not only, it requires knowledge of law but also organizational skills combined with conceptual clarity. For this, a command over the language is equally important. Flawless and error free documents means, half the battle is won. Such documents are almost equivalent to strong arguments.
