- There is always a need for well-structured documents and drafts in business and economic development, such as contracts, petitions, wills, statutes, memorandums, etc. These are legally binding for parties agreeing on a draft format. These generally are called legal drafts.
- Thus, the language and wording should be simple and easy to comprehend. It should be able to convey the purpose intended and the interests of a single client or both parties accordingly.
- No jargon must be entertained in such a document to keep it crisp and concise. It covers every information and drawbacks related to it for better analysis.
What is the meaning of Legal Drafting?
- It is the input of legal facts and advice into a language format that is incorporated by a legal professional. Here, the advice is given by a legal expert or a lawyer who is experienced in this field.
- This skill can be used for various purposes with constant practice and improvement in revising and editing. Within the legal range, this procedure of revising and writing legal documents is known as legal drafting.
- It serves the purpose of providing accurate and genuine legal statements based on legal advice, legal consultation, and resources that are of merit to the client. Different business lawyers can also provide different sector legal document drafting services to people at legitimate resources.
A few laws which regulate and are related to legal drafting are:
- Constitution of India
- Indian Contract Act, 1872
- Companies Act, 1956 and 2013
- Indian Stamp Act, 1899
- India Registration Act, 1908
Legal Drafting Principles
Just like any other legal drafting format, making a draft is like outlining the documents and revising all the important information, advice, legal consultation resources, and evaluation of the best legal advice.
- The facts in the legal drafting format are to be properly arranged and managed so that they can be presented in a particular manner, with everything set in place for the best legal advice.
- The use of legal terminology is crucial while drafting any kind of legal document, as this makes sure that other people involved can acknowledge and understand the terms and conditions mentioned in the legal drafting format.
The Format of Legal Drafting
The legal drafting format and its information presentation should be made on a standard quality paper that is 20 cm in length and breadth is 30 cm with margins on the top and left side of 4 cm, right side of 2.5 cm, and 4 cm on the bottom.
Other key characteristics include the following:
- The legal drafting format process and its pages should be numbered.
- In the legal drafting format, the opening points should be numbered by roman numerals (i, ii, iii) and the main points as (1,2,3).
- The top right corner of each page should have the page number printed. (2.5 spaced) in the legal drafting format.
- The paragraph should be spaced 5 cm and must be numbered in the legal drafting format.
Crucial Rules for Drafting
The process of legal drafting format can be improved and improvised by continuing and regular practice. It is like a skill and an art that grows fine over time. Must Will registration be done after drafting? Is Will registration necessary to get it enforced in the Court of Law?
The legal expert or the business lawyer who drafts the legal document should provide every information and resource clearly and precisely, using the right legal terminology in a way that presents the interests of the clients with legal advice.
- The legal provisions: It is very important to make sure that the legal expert includes every needed legal provision and regulation in the legal drafting format accordingly. Every legal requirement must be met when drafting one document that serves the purpose of the clients. The rules are implied according to the case law of the legal drafting format.
- The proper terminology: The draftsman or legal expert must use the correct terminology to convey the right information clearly and concisely in a legal drafting format.
- Explanation ease: The legal expert should prepare the legal drafting format document in such a way that any educated person can understand it. It must be very self-explanatory.
- Discard negative language: The legal drafting format document should not convey negative messages or use negative words. It should be acceptable and positive legally.
- Paragraph order: A logical paragraph order must be maintained and divided while it is numbered orderly in the legal drafting format.
- Must be easy to read: It should be easily understandable and readable. There must be no grammar mistakes and proper terminology.
What should be done while Drafting?
- The legal expert must aim to improve the quality of the legal drafting format document by reducing sentences into one-word or smaller group sentences that are easy to read and understand.
- Shorter sentences and periods should be used to simplify sharp sentences.
- The whole idea should be expressed in a few words and also in an active voice.
- The right verbs and choosing the right word is very vital.
- Motives should be clear and concise.
- The legal expert should write from a reader’s point of view and should outline the legal drafting format properly.
What should not be done while Drafting?
- The construction and moving around it should be avoided.
- Any unnecessary repetitive words or sentences should be discarded and removed by revising and corrections to the legal drafting format paper.
- Similar-sounding words should be removed.
- No negative comments or bad language should be used in the case of legal drafting format.
- The legal drafting format states that any typing mistakes should be avoided.
It can be understood that simple and precise words are much more appreciated and approved than jargon or complex structures. Ornamental or legal terminology can become confusing at times and may result in hesitant communication.
The goal is to increase transparency and help the layman understand every point throughout as it speeds up every process in a prominent manner.