- July 17, 2018
- Posted by: admin
- Category: Finance & accounting, legal will document, Tax Consultation
Drafting is a science and can be acquired only by long practice. In simple terms, drafting refers to the act of writing legal documents. The key feature of drafting is that it presents a brief knowledge about the significant facts of the situation or issue. Drafting demands a lot of skills combined with patience from the advocates. A properly drafted document aims at accuracy and truth.
What principles govern “Drafting” ?
The process of drafting is generally governed by 4 principles:
Formation of outline in a satisfactory manner: –
“The draft is the skeleton of a document.” This statement suggests that the prepared draft should be elaborate and should address all important issues. In a nutshell, a draft should be:
1. As detailed as possible
2. Not be vague
3. Able to fulfill the consideration of relevancy, content unity, chronology and coherence.
4. Such that every paragraph should contain one major point.
Emphasis on the arrangement of facts: –
A deep emphasis should be put on the manner in which the facts of the case are arranged. The facts should be arranged step by step to reflect an organized analysis of the problem. There must be uniformity and consistency in the presentment of ideas.
Style and language: –
Style is an important factor for the transport of ideas. A clear presentation is an essential requirement for clear thinking. The style should be simple with the most appropriate use of legal terms that would convey the facts in a precise and simple manner. The language too should be simple and faultless. Illogical paragraphing, poor punctuation, incorrect spelling and other such language that virtually render a promising document to be worthless shall be avoided. Repetitions should be avoided.
Physical characteristics: –
The draft should be typed on standard quality paper (20 by 30 cms) with margins of 4 cms. at the top and left side and 2.5 to 4 cms. on the right side and bottom
Importance of Legal Drafting Skills for Lawyers
Drafting and legal writing skills aren’t pivotal for a law student, lawyer or judge. Did you notice the mistake in that sentence? Even the smallest mistake can change the entire meaning of a sentence – an error in a legal document can cost a client his case!
Haggard has said that “Drafting is one of the most intellectually demanding of all lawyering skills. It requires a knowledge of the law, the ability to deal with abstract concepts, investigative instincts, an extraordinary degree of prescience, and organizational skills.”
Legal drafting skills begin with having a strong command over the language. A lawyer must connect his words like pearls in a string! Legal documents that are flawless and error-free, win half the case for a lawyer.
A well-drafted document is equivalent to a strong argument and can make or break a case! A legal document, whether it is a contract, written statement or an affidavit, serves two purposes- informing and engaging both the client and the court about the legal issue. It becomes essential for lawyers and judges to draft all legal documents with precision, to clearly depict all essential facts as well as engage a layman to its content.