THE COPPERBELT

UNIVERSITY
SCHOOL OF HUMANITIES AND SOCIAL SCIENCES
UNIT 5:LEGAL DRAFTING

HENRY AONGOLA (LLB, LLM, AHCZ, PhD(C)

henry.aongola@yahoo.com
Legal drafting
 Legal drafting is the crystallization and
expression in definitive form of a legal right,
privilege, function, duty or status. It is the
preparation and development of
constitutions, statues, regulations,
ordinances, contracts, wills, conveyances,
trusts and leases.
The use of precedents
 Draftsmen must understand the value of
having good precedents and the importance
irrespective of the subject area at hand.
 Precedents are not just a tool for guidance,

this is so because if they are not used

properly they can mislead you.
 Therefore, it is important to understand a

precedent in order to appreciate its relevance.

Structuring the Document
 Firstly, the draftsman must ascertain the
names, description and addresses of the
parties to the document.
 Secondly, he must obtain the particulars

about all necessary matters which are

required to form part of the document.
 Thirdly, note down the intention of the

parties clearly and concisely in technical

language.
Cont….
 After digesting the facts, he should next
consider whether those intentions can be
given effect to without any contravention of
the law.
 He must note down the requirements of the

law which must be fulfilled while drafting the

document.
Rules and Conventions of Legal
Drafting
The Language of Drafting
 Legal language must be precise and accurate
 End of class.