Legal Drafting

Legal drafting is a method of preparing and writing the legal document like will, deed, contract, agreement and pleading. It should be clear, concise, accurate as well as the language must be understood by the parties . The language of legal drafting should not be offensive and no facts should be avoided.  Legal drafting  refers the existing laws, rules and  regulations, etc. Laws, facts and language are the main component of legal drafting. Legal drafting is the cornerstone for the advocates through which they communicate about legal concepts. In courts, legal drafting is an essential part and it contains legal languages.

Legal drafting set the clear tone for conversation between the parties. It ensures that all the parties has understand their rights and responsibilities in true sense . It provides the written record for all the facts and circumstances which helps the Hon,ble  Court to understand the issues which are raised by the parties. The structure of a legal draft should be appropriate and the person who draft such documents they requires legal knowledge because several factors were considered while making the draft. The facts should be arranged step by step which will make it easier to understand and know about the issues. It saves time and avoid problems in future related to the facts, documents. Judges requires the legal draft to be written in a specific structure and language.

Legal drafting includes various type of drafting like power of attorney deed, family settlement deed, divorce petition, etc. All documents have their different formats and it should be written in their formats. These drafts are mostly prepared by advocates and people who have sound knowledge in the legal field. The prayer clause is the most important essential in the drafting of pleadings. The various type of legal documents are presented in the court which provide accurate and true statements for the benefit of the client.

There is a famous maxim i.e “Verba Volant, Scripta Manent” which means spoken words fly away, written words remain. A well drafting of legal documents is like a strong argument before the judges. The drafting should be legally correct and relevant to the subject matter. If it is beyond the subject matter then it will be rejected by the court. Legal drafting creates the greater responsibility on the advocates rather ordinary person. It can make or break the case in court. It is not just about the writing it is also about how it will be delivered and interpreted by the reader on the other side.

The advocates or the person who draft the legal document they must follow the different procedure which make the drafts very effective which are as follows:

• Understand the client specific needs,
• Identify the issues,
• Research the law relating to the issues,
• Apply the research in your terms,
• Communicate through your drafting to other party and court.

For writing the legal drafting the draftsman or lawyers take benefit from the valuable resources like legal dictionaries, form books, writing manuals, citations of case laws, etc. legal drafting is a tricky process which takes years of practice to become perfect.