Drafting
What is legal drafting?
Legal drafting, in its essence, is the combination of incorporating legal advice and fact into the format of a language. As the name implies, what stands out here is the legal advice provided by a legal expert or a lawyer. And it is a written skill acquired or improved upon by continuous practice. For this reason, and within the legal field, the process of writing legal documents is known as drafting. The main purpose of legal drafting is to provide accurate and true statements (based on legal advice) for the benefit of the client.
What are the laws related to drafting?
- he Companies Act, 1956 and 2013
- The Constitution Of India
- The Indian Stamp Act, 1899
- The Registration Act, 1908
- The Indian Contract Act, 1872
The Principles of Drafting
The Principles Of Drafting
As with any legal drafting format, a draft represents the outline of the document and all the important information it conveys based on the best legal advice.
Accurate Arrangement Of Facts:
The facts of the case must be arranged in a manner to provide the best representation of legal advice.
Use Of Legal Terminology:
It is important to use legal terms while drafting legal documents to ensure that everyone involved understands the terms and conditions stated in them.
Legal Drafting Format:
The legal drafting format should include the presentation of information on a standard quality paper 20 cm in length and 30 cm in breadth, with margins of 4 cm at the top and left side, with 2.5 to 4 cm on the right and at the bottom. The other characteristics of the format should include
- The pages of the draft should be numbered.
- The opening points should be numbered with roman numerals (i, ii, iii) and main points (1,2,3, etc.)
- The page number is to be printed in the top-right corner of each page (spaced 2.5 cm from the top and right side).
- Each paragraph in the document must be numbered and should be indented 5 spaces.
Checklist rules for drafting
Legal drafting is a skill and art, improved upon by regular practice. The individual (or the legal expert) who drafts the documents is responsible for presenting information clearly and concisely, with the appropriate legal terminology, to represent the interests of the clients, as per the legal advice shared by him/her.
- Legal Provisions: The first item on the checklist is to ensure that the legal representative who drafts the document must include all legal requirements in the same. Additionally, the rules of legal drafting must be followed with emphasis on case-law.
- The right terminology: To convey the right information clearly and concisely, the legal expert or draftsman must use the right terminology.
- Self-explanatory: The document should be drafted in a way that is self-explanatory to any person who is educated and competent enough to understand the subject matter.
- No negative terms or language: It is important to not include any negative terms or language in the legal document.
- The proper order of paragraphs: The Legal Notice Draft must be prepared in the logical order, divided into paragraphs that are properly marked ( with numbers, letters, etc), that is self-explanatory, concise, and clear, with the right terminology.
- Schedules, enclosures, or annexures: If required the legal drafting should include schedules, enclosures or annexures which can be referred to when communicating a legal point. It is not required for the schedule to be included in the main part of the content, but simply for reference to provide more clarity on the draft.
- Reader-friendly: It is important to draft the legal documents in a way that is easily understood, for which it should meet all the conditions and requirements of legal drafting.
Checklist rules for drafting
Legal drafting is a skill and art, improved upon by regular practice. The individual (or the legal expert) who drafts the documents is responsible for presenting information clearly and concisely, with the appropriate legal terminology, to represent the interests of the clients, as per the legal advice shared by him/her.
- Legal Provisions: The first item on the checklist is to ensure that the legal representative who drafts the document must include all legal requirements in the same. Additionally, the rules of legal drafting must be followed with emphasis on case-law.
- The right terminology: To convey the right information clearly and concisely, the legal expert or draftsman must use the right terminology.
- Self-explanatory: The document should be drafted in a way that is self-explanatory to any person who is educated and competent enough to understand the subject matter.
- No negative terms or language: It is important to not include any negative terms or language in the legal document.
- The proper order of paragraphs: The Legal Notice Draft must be prepared in the logical order, divided into paragraphs that are properly marked ( with numbers, letters, etc), that is self-explanatory, concise, and clear, with the right terminology.
- Schedules, enclosures, or annexures: If required the legal drafting should include schedules, enclosures or annexures which can be referred to when communicating a legal point. It is not required for the schedule to be included in the main part of the content, but simply for reference to provide more clarity on the draft.
- Reader-friendly: It is important to draft the legal documents in a way that is easily understood, for which it should meet all the conditions and requirements of legal drafting.
Do’s and Don’ts of Legal Drafting
Legal drafting, in its essence, is the combination of incorporating legal advice and fact into the format of a language. As the name implies, what stands out here is the legal advice provided by a legal expert or a lawyer. And it is a written skill and art, improved upon by regular practice. The individual (or the legal expert) who drafts the documents is responsible for presenting information clearly and concisely, with the appropriate legal terminology, to represent the interests of the clients, as per the legal advice shared by him/her. For this reason, there are a few do and don’ts for legal drafting.
DO’S
- For improving the quality of the draft, a group of words should be reduced to one.
- One simple word for a group should be formulated.
- Shorter sentences should be written
- Add periods
- Express the whole idea in few words
- Prefer active over passive
- Make verbs work
- Choose the right word
- Know the motive behind writing
- Write from the reader’s point of view
- Outline (mental or written)
DONT’S
- Avoid moving around about constructions
- Avoid unnecessary repetitions
- Avoid using words containing similar sounds
- Avoid cumulative negative statements
- Avoid typing mistakes
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