Drafting:

Introduction

▪
1. INTRODUCTION
▪ Legal profession is primarily a communications
profession.

▪ Words are the dominant tool of the lawyers’

trade.

▪ Objective: to transmit the greatest amount of

information, with the greatest clarity, in the
minimum number of words.

▪ Communicate well – use words well

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1. INTRODUCTION

Communication

Client Judge Witness

❑ Skill in the choice of words

❑ The order in which words are put and in the structure
in the sentences, paragraphs and speeches
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1. INTRODUCTION

❑ Successful legal drafting depends

upon the lawyer choosing words to
express the concepts to be
communicated so that the reader’s
understanding will be identical to the
lawyer’s meaning.

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 2. PLAIN ENGLISH WRITING
▪ Plain English involves the use of “plain and
straightforward language which conveys its
meaning as clearly and simply as possible
without unnecessary presentation or
embellishment”.

▪ Advantage: It readily conveys its message to its

audience.

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 2. PLAIN ENGLISH WRITING
▪ The rules on plain English

a) Write as plainly as possible, avoid archaic words and

sentences
b) Omit surplus words (be as concise as possible).
c) Use short sentences.
d) Use the active rather than the passive voice.
e) Use of positive.
f) Punctuate carefully.

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(A) WRITE AS PLAINLY AS POSSIBLE

▪ Prefer the simple, familiar word to the far-fetched

Unfamiliar Word Familiar Word

accorded given

effectuate carry out

forthwith immediately

institute begin

procure obtain

remainder rest

retain keep
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(A) WRITE AS PLAINLY AS POSSIBLE

▪ Prefer the concrete word to the avbstract

▪ Abstract: “The actual date of completion of the

purchase should coincide with the availability of the
new facilities.”

▪ Concrete: “the purchase should not be completed

until the new facilities are available”.

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(A) WRITE AS PLAINLY AS POSSIBLE

▪ In writing for lay client, avoid technical jargon -

better to translate into English.

▪ bona fide – in good faith

▪ In camera – in private
▪ inter alia – among other things
▪ ipso facto – automatically, or by the fact itself
▪ pari passu – equally

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(A) WRITE AS PLAINLY AS POSSIBLE

▪ Avoid Legalese
▪ “Legalese” is the language used in legal documents
that is difficult to understand
▪ Try to avoid using language that is difficult to
understand
▪ Example:
▪ Legalese: The parties agree only to the terms and
conditions set forth herein.
▪ Plain Language: The parties agree only to the terms
and conditions in this agreement.

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(A) WRITE AS PLAINLY AS POSSIBLE
▪ Avoid Legalese
▪ aforementioned, herewith, heretofore and wherein
▪ Suffer and permit = allow
▪ Full and complete = complete (use either word)
▪ Good and sufficient - use either word
▪ Save and except for = except
▪ Unless and until = unless (or use either word)
▪ If and only if = if
▪ Each and every = every
▪ For and during the period = during
▪ Full and final = final

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(A) WRITE AS PLAINLY AS POSSIBLE

▪ Avoid archaic language

Avoid using When you can say
Aforementioned/ Above
Abovementioned/Aforesaid
Hereinafter Below
Inasmuch as Since
Insofar as To the extent
The undersigned I
Wherefore Why
Whereupon At which point
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(B) OMIT SURPLUS WORDS
▪ Do away with wordiness and redundancy

▪ Preposition encumbered by nouns can be

removed and allowed to stand alone

During the course of During

By means of By
In order to to
Notwithstanding the fact that Although

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(B) OMIT SURPLUS WORDS
▪ Avoid pointless repetition / synonyms
Two words Omit surplus words
act and deed act
each and every every
good and sufficient use either word
if and only if
true and correct correct
undertakes and agrees agrees
unless and until Use either word

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(B) OMIT SURPLUS WORDS
▪ Do not use two or three words for one
▪ Refrain from using more words than necessary
▪ Examples of surplus words:
▪ amend, vary or modify
▪ build, erect or construct
▪ changes, variations and modifications
▪ convey, transfer and set over
▪ costs, charges and expenses
▪ goods, chattels and effects
▪ initiate, institute and commence
▪ null and void and of no effect

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(C) USE SHORT SENTENCES
▪ Avoid using long-winded sentences
▪ Short sentences carry more “impact”.

▪ Example:
Due to the fact that the defendant has not attempted
▪ “
to pay back the money owed to our client in the
amount of RM3,000.00, it has become absolutely
essential that we take appropriate legal action in
order to obtain payment of the aforesaid amount.”

▪ Concise version:
▪ “Since the defendant has not paid the RM3,000.00 to
our client, we will file a lawsuit seeking
reimbursement.”
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(D) USE ACTIVE VOICE, NOT PASSIVE VOICE

▪ Passive voice:
▪ Object – verb to be – verb – subject
▪ Eg: The house was searched by the police.

▪ Active voice:
▪ Subject – verb – object
▪ Eg: The police searched the house.

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(D) USE ACTIVE VOICE, NOT PASSIVE VOICE
▪ Problems of Passive Voice

▪ (i) Unspecific; vague; indefinite

▪ Example: The house was searched. (by whom?)

▪ (ii) Passive voice sounds weaker than the active voice

▪ Example:
▪ Less impact: My client was lied to by the police regarding
the reasons for his arrest.
▪ More impact: The police lied to my client regarding the
reason for his arrest.

▪ (iii) Passive tense is wordier than the active tense

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(E) USE OF POSITIVE
▪ The use of the negative should be avoided in drafting
▪ It will often result in the statement of a concept in an
indirect manner
▪ A concept in the positive sense will involve the use of
fewer words

Negative Positive

John does not attend very John rarely attends

often
RM10,000 to my children, RM10,000 to such of my
other than those who children as have attained
have not attained age 18 age 18.
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(F) PUNCTUATE CAREFULLY
▪ Spot the difference (the importance of
positioning of punctuation):
Hang him not, let him Hang him, not let him go.
go.

The panda eats, shoot The panda eats shoots and

and leaves leaves

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3. EDIT, EDIT, EDIT
▪ Always check the document to remove all
typos and bad grammar

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 DRAFTING -
INTRODUCTION
Thank you

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