The Fundamentals of Drafting

• The drafting Principal A draught, like any other legal drafting format, represents the document's outline and all of the critical information it delivers based on the best legal advice.

• Facts Are Arranged Correctly: The facts of the case must be organized in such a way that they best express legal counsel.

• Application of Legal Terminology: When preparing legal papers, it's critical to utilize legal phrases to ensure that everyone involved knows the terms and conditions.

The significance and advantages of legal drafting

• Communication and Thinking The most important device of legal communication is legal drafting. A good drafting ability is also a good ability to think and communicate. As a result, it is critical to understand the objective of a legal document.

• Choosing the Right Reader A lawyer with good legal drafting abilities can determine his target audience, or the people who will read the document. The audience reading such a legal document must be able to comprehend the information. For example, a legal notification delivered to the opposing party should not include a legal cliché that prevents the recipient from understanding the legal issue and how to resolve it.

• Structuring in the Right Way Legal writing abilities also ensure that a legal document is properly structured. A document that is unstructured or poorly structured is devoid of balance and unproductive. The paper can become confrontational if it contains too many negative assertions or has an offensive tone. A document that is free of such flaws and faults is considered to be the most authentic and valuable.

• Enhancement of research and drafting abilities Legal writing abilities also include the ability to draught authentic papers rather than employing a template format for each agreement or notice. It's critical that every document you write is free of plagiarism and implausible content. Each claim must be supported by case law, precedent, or legislation. As a result, conducting legal study is required prior to getting involved in document creation. Legal research is required for developing the background and basic framework of a legal document, allowing the court to easily concur with its content.

• Improving the disadvantages Legal drafting skills also include using comments from the court and clients to improve elements of the legal document that are lacking. It is critical to determine whether the customer becomes preoccupied with uncertainties or is able to comprehend even the most complex legal procedures and details after reading the legal document.

Format for Legal Drafting:

The legal drafting format should contain the presentation of information on standard quality paper of 20 cm in length and 30 cm in width, with margins of 4 cm at the top and left, 2.5 to 4 cm on the right, and 2.5 to 4 cm on the bottom. The format's other qualities should include:

• The draft's pages should be numbered.

• The beginning points should be numbered with roman numerals (1,2,3, etc.)

• Each page will have a page number printed in the top-right corner (spaced 2.5 cms from the top and right side).

• Each paragraph should be numbered and indented five spaces in the document.

Drafting Principles in General

1. Create a Workable Outline The outline of a document is similar to the skeleton of a human body. We must make every portion of the body properly and in sequence, somewhere huge and somewhere little, according to the requirements, just as we must make every part of the body properly and in sequence to complete a body. Body motions are good in a nice skeleton. As a result, when it comes to document drafting, you'll need to create a good outline, which will be divided into different paragraphs of varying sizes depending on the content, facts organized chronologically and systematically, and all relevant and connecting facts and circumstances with unity in them. Below is the gist of these points.

• As specific as possible, yet not ambiguous

• Content that is both relevant and consistent and is ordered chronologically.

• Each paragraph is self-contained.

2. Organize the information Know all of the facts and situations, as well as any associated information, before putting down the points. Refine what is relevant and what is not relevant in your mind. With all relevant points in place, the facts are now connected in chronological order. In that order, write rationally in paragraphs that are correctly connected to one another. Both chronological and logical sequences must be followed correctly. In and of itself, your draught should be specific, concise, and unambiguous. Your presented concept should be consistent and uniform.

3. Language and Style Style and language are the mechanism through which ideas are transmitted, resulting in more reliable material. Maintain a straightforward and systemic style, as well as clear terminology. This will give the ideas that have been drafted a boost. The following elements should be kept in mind while drafting in order to achieve good style and language: 

a. Remove any jargon that isn't appropriate.

b. Use simple, error-free language.

c. Make precise statements using legal terms

d. Words should be employed differently for different meanings, i.e., they should not have multiple meanings.

e. Clarity, objectivity, and incisiveness.

What laws govern the practice of drafting?

• The 1956 Company Act and 2013 Companies Act

• The Indian Constitution

• The 1899 Indian Stamp Act

• The 1908 Registration Act

• The 1872 Indian Contract Act

Legal Drafting Do's and Don'ts

In its simplest form, legal drafting is the process of putting legal advice and facts into a language's format. The legal advice supplied by a legal professional or a lawyer is what stands out here, as the name implies. It's also a written talent and an art that may be improved with continuous practice. The person (or legal expert) who creates the documents is responsible for presenting information in a clear and simple manner, using suitable legal terminology, in order to represent the clients' interests in accordance with the legal advice provided. As a result, there are a few legal drafting dos and don'ts.

DO’S

• A collection of words should be reduced to one to improve the quality of the text.

• For a group, one basic word should be formulated.

• Sentences should be written in a more concise manner.

• Periods should be added.

• In a few words, express the entire concept.

• Active over passive is preferred.

• Make verbs work for you

• Choose the appropriate term

. • Understand why you're writing.

• Should always consider perspective of the reader during writing

• A summary (mental or written)

DONT’S • Avoid moving around in the vicinity of building sites.

• Should never make same mistakes again and again.

• Use terms with similar sounds as little as possible.

• Avoid making a series of negative assertions.

• Errors in typing should be avoided.

Legal Drafting Do's and Don'ts

In its simplest form, legal drafting is the process of putting legal advice and facts into a language's format. The legal advice supplied by a legal professional or a lawyer is what stands out here, as the name implies. It's also a written talent and an art that may be improved with continuous practice. The person (or legal expert) who creates the documents is responsible for presenting information in a clear and simple manner, using suitable legal terminology, in order to represent the clients' interests in accordance with the legal advice provided. As a result, there are a few legal drafting dos and don'ts.

DO’S

• A collection of words should be reduced to one to improve the quality of the text.

• For a group, one basic word should be formulated.

• Sentences should be written in a more concise manner.

• Periods should be added.

• In a few words, express the entire concept.

• Active over passive is preferred.

• Make verbs work for you

• Choose the appropriate term

. • Understand why you're writing.

• Should always consider perspective of the reader during writing

• A summary (mental or written)

DONT’S • Avoid moving around in the vicinity of building sites.

• Should never make same mistakes again and again.

• Use terms with similar sounds as little as possible.

• Avoid making a series of negative assertions.

• Errors in typing should be avoided.

4. Is stamp duty required on all legal documents?

Yes. This is because the Indian Stamp Act of 1899 stipulates that the stamp duty paid serves as a means of keeping track of all transactions and as evidence for the completion of a contract. It could also be used as proof in the court of law.

5. What is the procedure for legal drafting?

The following are the three draughts involved in the drafting process: The initial draught concentrates on the facts that should be mentioned properly. The second draught corrects the language of the first draught in a proper manner. The final draught authenticates the legal document in order to persuade the appropriate authority. 6. What are the many kinds of drafting? Furniture drafting, architectural drafting, mechanical or machine drafting, electrical and electronics drafting, topographical drafting, aeroplane drafting, ship or naval drafting, structural drafting, and sheet-metal drafting are some of the most common types of drafting.