What is Legal Drafting?

Legal Drafting means preparation of wills, contracts, ordinances, regulations, conveyances, trusts and leases. The meaning and objective should be clear in a legal document, so it requires special skill and expertise to draft a legal agreement.

Process of legal drafting

What do “drafting” principles implement?

Word quality needed to be used in the draft

Things to be remembered while writing a draft

Do’s and Don’ts of the legal drafting

Process of legal drafting

Preparing a legal draft takes a lot of expertise and advocates’ patience. A document that is well drawn up is built to be precise and real. The entire legal drafting process should follow three versions before it can be submitted to the authority. The versions and purposes of these are:

The first draft:- is structured for the facts to be thorough and complete.

The second draft:- attempts to strengthen the first proposal with a large amount of trimming by correcting the type and the vocabulary.

The final draft:– As its name implies, it tries to make the document definitive and compelling with a final touch and finish.

 In most of the documents, vakilsearch offers interactions upto two rounds.

What do “drafting” principles implement?

The drafting method is normally regulated by four principles:

Formation of the outline of a legal drafting:

The draft is the skeleton for the legal document, the outline is formed effectively, indicating that the document is to be prepared and discuss all important legal issues. The report notes that it must be drawn up. Drafting should be in a nutshell:

  • As comprehensive as possible
  • Don’t be uncertain.
  • Can accomplish the value, material unity, time and consistency.
  • It should include a significant point in each paragraph.

Fact-finding emphasis is placed on:

the way the details of the case are structured should be placed profoundly. The details should be progressively arranged for a structured study of the issue to be carried out.

Style and vocabulary:

For the communication of concepts, style is an important consideration. For logical thinking, a logical presentation is a prerequisite. The style should be clear, using legal terminology that communicates the facts in an accurate and straightforward way. The vocabulary should be clear and non-faulty. It is important to avoid illogical paragraphing, weak punctuation, incorrect orthography and other languages that practically make a promising document useless. It should be avoided from recurring.

Word quality needed to be used in the draft

The writer of the draft should note the reliability of the draft and it is expressed in his words. So he must be very careful when choosing his vocabulary and expressions. It is worth recalling the following points: –

  • The expressions of the words should be used in a similar sense.
  • Active voice must always be favoured rather than passive voice until the passive voice clarifies its meaning.
  • The paragraphs should not begin as typically used in modern use with the word ‘that.’
  • Not all things should be drawn up simultaneously. There should always be one thing preferable at a time.

Things to be remembered while writing a draft

  • You do not skip or randomly acknowledge any of the evidence.
  • It should be accompanied by technical terminology.
  • It should be simple and accurate in the legal language employed.
  • The rules on legal interpretation and the case law relating to the relevant matter should be given due consideration and care.
  • An individual with a competent knowledge of the subject should clearly understand the document drafted.
  • Wherever practicable, the draft should be self-explaining.
  • The draft should be split into paras and each paragraph should contain a separate and significant subject.

Do’s and Don’ts of the drafting

Do’s

  • A group of terms should be reduced to one to increase the consistency of the draft 
  • Compiled shorter sentences
  • Add periods
  • Say the whole idea in just a few words
  • Prefer active rather than passive voice
  • Choose the right vocabulary
  • Know the reason for writing
  • Read the draft from the point of view of the reader.  
  • Make a description (mental or written)

Don’ts

  • Avoid useless repetitions
  • Do not use words with identical sounds
  • Avoid combined negative declarations
  • Prevent error typing

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