Legal Guide

What do you mean by Drafting in Law?

by Bhavya Choudhary · 4 min read

Drafting in Law

Introduction 

Drafting in Law is a science that can only be learned via extensive practice. Drafting in Law, to put it simply, is the process of creating legal documents. The primary benefit of drafting in Law is that it conveys a concise understanding of the important details of the problem or scenario. The advocates must have a lot of expertise and patience while drafting. A properly written text strives for truth and accuracy.

Three versions should be produced during the whole writing process before the final version is ready to be delivered to the authority. The objectives of the draft are as follows:

  • The initial draft strives for the accuracy and completeness of the information.
  • The second draft attempts to improve the first draft by significantly cutting the wording and form.
  • The final draft: As its name implies, it tries to give the document the finishing touches so that it is persuasive and authoritative. 

What does “Drafting in Law” mean?

It is, in general, an outline of a document or of a task that has to be completed. It might be created as a preliminary draft from which a final document is created. Before the final process of registration of the document, changes can be made. 

Terminology 

  • Drafts man: A person who creates legal papers like a will or a gift deed.
  • Dragoman: A person who deciphers texts such as pleadings.

What rules apply to Drafting in Law?

Four main concepts influence Drafting in Law:

  1. Creation of a satisfactory outline: The draft is the skeleton of a document implies that the prepared draft should be detailed and should cover all pertinent topics. A draft should be:
  • Be as specific as you can
  • Don’t be evasive
  • Capable of satisfying the requirements of relevance, content coherence, and unity so that each paragraph should only cover one main idea.
  1. Emphasis on the factual arrangement: The way the facts of the case are organized deserves a lot of attention. To represent a methodical investigation of the issue, the facts should be presented in a step-by-step order. The presentation of ideas must be consistent and uniform.
  2. Language and style: The way ideas are expressed has a lot to do with style. Clear thinking is a prerequisite for a clear presentation. The writing should be clear and concise, using the best legal terminology to express the facts in an accurate and understandable way.

The language should also be clear and error-free. Avoid using illogical paragraphing, bad grammar, wrong spelling, and other words that would effectively make a promising work useless. Avoid repetitions at all costs.

  1. Physical characteristics: The draft should be typed with margins of 4 cm on 20 by 30 cm sheets of standard-grade paper. At the top, on the left, and between 2.5 and 4 cm. on the bottom and right side.

Additional physical traits that must be kept in mind while drafting in Law:

  • Page numbers on each one
  • Preliminaries are numbered in Roman numerals (i, ii, and iii), whereas the main text is numbered in Arabic (1, 2, 3, etc.)
  • The number of pages should be displayed at 2.5 cm from the top and side in the upper right corner.
  • The document’s body should be double-spaced, as usual.
  • Each paragraph should be five spaces long, and each one should have a number.
  • Tightly knot together all of the sheets.

Rules of Drafting in Law

The following guidelines must be followed while drafting in Law: –

  • A design for it should be thought of first; then, a draft should be made. This is the first rule of drafting in Law. 
  • It is important to make sure that no information is overlooked or included at random.
  • One of the rules of drafting in Law is that, in general, negative remarks should be avoided. 
  • The use of technical language must be adhered to as one of the rules of drafting in Law.
  • The legal terminology used should be exact and precise.
  • The draft must be easily understandable, and this is also one of the rules of drafting in Law.
  • The applicable case law and the standards of legal interpretation should be considered with the appropriate care and attention.
  • A person with expert knowledge of the subject topic should be able to understand the paper clearly.
  • As far as feasible, the draft should be self-explanatory.
  • One of the rules of drafting in Law is that facts should be organized rationally.
  • For sub-clauses and paragraphs, use numbers and letters.
  • Words should be chosen in a way that makes the writer’s meaning clear.
  • The language employed should be respectful to transmit more in a considerate, natural, and justified way.
  • Before sending the document for review, it should be reviewed once or twice.

Let’s learn more about the standard of language that must be used while drafting in Law. 

  • The man who is drafting should be aware that the quality of his writing is reflected in the draft. He must thus be extremely careful with his word choice. Keep in mind the following things:
  • Words should be utilized consistently.
  • Unless the passive voice makes the message clearer, the active voice should always be used.
  • Contrary to custom, the word “that” should not begin a paragraph in current use.
  • Nothing should be included in the draft at once. Always try to do one thing at a time.
  • Will Drafting in India is a complex process, and one must take legal advice. Legal advice makes the Will drafting in India an easy process. 

Common Sense 

DO’S

These are the things that must be kept in mind while drafting in Law:

  • A collection of words should be condensed into a single one to improve the quality of the text.
  • A group should be described by a single, uncomplicated term.
  • Sentences should be written in shorter form.
  • Add commas.
  • Summarise the entire concept in a few words.
  • Choose active versus passive.
  • Improve verb tenses
  • Pick the appropriate term.
  • Understand why you are writing.
  • Create a plan (mental or written)

DON’TS

These are the things that must be kept in mind while drafting in Law: 

  • Refrain from circling construction sites
  • Steer clear of repetitive actions.
  • Steer clear of terms with similar sounds.
  • Prevent making repeated negative remarks.
  • Prevent typing errors

Conclusion 

It is clear that plain legal language is preferable to ornamental and generic legal language because it avoids disputes, facilitates effective communication, saves time and money, and increases the business and profits of brands and attorneys who employ it by enhancing their transparency rather than adding to the already complex legal system as ornamental legal language does.

The process of drafting can be complex for any lawman who is not fluent in the provisions of Law. Therefore, it is recommended to consult a lawyer.

Bhavya Choudhary

Written by

Bhavya Choudhary

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