DRAFTING AND ITS IMPORTANCE

WHAT IS LEGAL DRAFTING?

Legal drafting is the most important instrument of legal communication. The skill to draft well is the skill to think and communicate well. Therefore, it is important to recognize the purpose that a legal document has to serve. A legal document must be drafted in a way that it categorically specifies the legal issue, statements of the client and the remedies sought if any.

IMPORTANCE OF LEGAL DRAFTING

Legal drafting is important as it ensures that the legal document is structured properly. A succinctly drafted document clearly expresses its purpose and applicability. Drafting skills embrace not only the ability to produce crisp documents but also to acquaint a layman with the intention of the legal document. The legal profession swears by the maxim, “verba volant, scripta manent” which means spoken words fly away, written words remain! 

Legal drafting skills begin with having a strong command over the language. A lawyer must connect his words like pearls in a string! Legal documents that are flawless and error-free, win half the case for a lawyer.

A well-drafted document is equivalent to a strong argument and can make or break a case! A legal document, whether it is a contract, written statement or an affidavit, serves two purposes- informing and engaging both the client and the court about the legal issue. It becomes essential for lawyers and judges to draft all legal documents with precision, to clearly depict all essential facts as well as engage a layman to its content.

10 IMPORTANT ELEMENTS OF DRAFTING

1. Be clear…

Be clear as to what the document means to say, does not mean to say and need not say. Make your self-well-versed with various provisions of laws the legal document deals with.

2. Remove the ambiguity…

Try to clear all the ambiguous instances from the document. The statements made in the documents should not communicate more than one concept…

3. Be precise…

The matter to be covered by a draft should be precise and concise. It must convey the complete message for which it is prepared. The reader should feel inspired by it.

4. Clarity…

There must be clarity and preciseness not only in each sentence but also in the overall presentation of the draft. There must be a nexus between sentences and different paragraphs. The draft shall be in sequence and relevant to the subject matter.

5. Unilateralism…

Be prepared for vetting, review without necessarily accepting casual and non-contextual suggestions. Clarity as to the bare minimum contents you require for protecting and safeguarding your interest has to be adhered to.

6. Remember the chronology…

If the document is supplementary to any other master document/s make sure to comply with master documents and other supplements as well. If needed, draft the details of the other documents in a chronological order.

7. Define important things…

Include a chapter of definitions to define and explain the important technical concepts relating to the document. Make sure to adhere to the definitions throughout the document. The chapter containing the definitions is placed at the beginning of the document.

8. Adaptability…

The matter to be included in a draft must be adaptable to the factual position, to the circumstances of the case and feasible/suitable to the enforcement.

9. Lucidity…

The language and words used while drafting must be lucid, simple and appropriate to the situation. There should not be longer sentences or paragraphs. It must convey the message involved in it to a person of ordinary prudence. The language must be polite and make the other side form a good opinion.

10. Be Logical…

So that the risk of omission and repetition is minimized. Comply with incidental mandatory requirements… such as stamping of documents, registration, vetting, etc. Respect precedent and forms… without converting yourself into a mechanical follower, so that allegations like “non-application of mind” or “cut and paste” technologist can be avoided.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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