Legal Drafting

Skills and Importance

Introduction
Legal drafting is a method of creating well-structured
documents such as petitions, memorandums, contracts, wills,
statutes, etc. That are legally binding on the parties to such
documents.
Such documents in a general sense are known as legal drafts.
It is important that the language in which they are written is
simple so that the intended audience can read and comprehend
it
Drafting in its general connotation means, putting one's own ideas in writing. Drafting of any
matter is an art.
Drafting of legal matters requires greater skills and efficiencies.
It requires thorough knowledge of law, procedure, settled judicial principles, besides proficiency
in English Language.
A perfect drafting of matters in relation to Suits, Applications, Complaints, Writ petition,
Appeals, Revision, Reviews and other such matters connected therewith shall obviously leads to
good result.
Drafting, Pleadings and Conveyancing” (DPC) is made as a compulsory practical
subject study forming part of the curriculum of the Law Course in India. It
envisages, inter alia, drafting of Civil Pleadings; Criminal complaints and other
proceeding;
Writ Petition, Appeal Civil, Criminal and Writ; Revisions-Civil and Criminal,
Reviews, Writ Appeals-Civil and Criminal, and also Special Leave Petition;
Contempt Petition, Interlocutory Applications, etc.
A student who acquires the requisite knowledge, perfection and proficiency in
drafting of these matters, shall undoubtedly become a perfect legal professional.
He will be an asset in the legal world.
Objectives
The main objective of the topic is to epitomize the concept and basic principles
of drafting.
• There are various principles which are specified to the lawyers so that they can
use it in the legal field.
• An advocate must know ‘how to make a draft’ Because it is very essential to
convince the judge by expressing his views through a legal document

The duty of the advocate is to tell his clients all the details regarding the case.
Meaning of Drafting

• Drafting is an art which can be gained only by continuous practice.

• In a legal filed “The act of writing legal documents” is known as drafting.
• The main feature is to represent all the relevant statements and issues.
• In the field of litigation, an advocate must have appropriate skills and patience for drafting.
• The main aim of drafting is to give accuracy and true statements.
The process of drafting involves three
drafts which are as follows:
The first draft focuses on the facts should be properly mentioned.
• The second draft works on the first draft’s Language correction in a proper form.
• The final draught gives an authenticated finish of the legal document to convince the
concerned authority
What is drafting
• It is generally a precis document which gives all the necessary details about a case.
• It is called a rough document which is prepared by the lawyers and after that, the final touch
needs to prepare the draft.
Laws relating to drafting

There are various laws which deal with drafting which are :
• The Companies Act 1956 and 2013
• The Indian contract act 1872
• The Indian stamp act 1899
The registration act 1908
• The constitution of India
Transfer of Property Act1882
What principles govern “Drafting”?

The process of drafting is generally governed by 4 principles

Formation of outline in a satisfactory manner: -
“the draft is the skeleton of a document.” This statement suggests that the prepared draft
should be elaborate and should address all important issues
In a nutshell, a draft should be:
• As detailed as possible
• Not be vague
• Able to fulfill the consideration of relevancy, content unity, chronology and coherence.
• Such that every paragraph should contain one major point.
Emphasis on the arrangement of facts:
• A deep emphasis should be put on the manner in which the facts of the case are arranged.
• The facts should be arranged step by step to reflect an organized analysis of the problem.
• There must be uniformity and consistency in the presentment of ideas
Style and language: –
Style is an important factor for the conveyance of ideas.
• A clear presentation is an essential requirement for clear thinking.
• The style should be simple with the most appropriate use of legal terms that would convey the
facts in a precise and simple manner.
• The language too should be simple and faultless.
• Illogical paragraphing, poor punctuation, incorrect spelling and other such language that
virtually render a promising document to be worthless shall be avoided.
• Repetitions should be avoided
Physical characteristics: –
The draft should be typed on standard quality paper (20 by 30 cms) with margins of 4 cms. at the
top and left side and 2.5 to 4 cms. on the right side and bottom.
Other physical characteristics include: -
• Numbering of each page
• Numbering of preliminaries in Roman Numbers (i , ii , iii) and Main Text in Arabic (1, 2, 3 etc.)
• Number of pages should appear in the upper right corner 2.5 cms., from the top and side
• The body of the document to be double spaced normally.
• Each paragraph should be intended 5 spaces and every paragraph should be numbered.
• All sheets to be strongly tied together
Rules of Drafting

• Before making a draft, a design of it should first be conceived.

• One should make sure that none of the facts are omitted or admitted at random.
• Negative statements should generally be avoided.
• Technical language should be followed.
• The legal language employed should be precise and accurate.
• Draft should be readily intelligible
• Due care and attention should be placed on the rules of legal interpretation and the case law
pertaining to the related matter
The drafted document should be clearly understood by a person who has competent knowledge of the
subject matter.
• The draft should be self-explanatory as far as possible.
• The draft should be divided into paras and each para should contain a distinct subject matter.
• Arrangement of facts should be done logically
• Use numbers and letters for sub-clauses and paragraphs.
• Choices of words should be such that they easily convey the meaning of the writer.

The words used should reflect politeness in order to convey more in a kind, natural and justifiable manner.
• The draft should be read once or twice before passing it for consideration
Do's of Drafting

For improving the quality of the draft, a group of words should be reduced to one.
• Shorter sentences should be written
• Express the whole idea in few words
• Prefer active voice over passive
• Know the motive behind writing
• Write from the reader’s point of view
• Make an outline
Don’ts of Drafting

• Avoid moving around about constructions

• Avoid unnecessary repetitions
• Avoid using words containing similar sounds
• Avoid cumulative negative statements
• Avoid typing mistakes
Conclusion
Therefore, it can be concluded that drafting is an art which should be known by every writer.
An advocate should always keep in his mind that the language used should be precise and
simple which can be easily understood by the clients or any other person.
The words used should be actionable so that the judges can easily be convince (if the matter in
legal draft will be impressive
Thankyou