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Legal Drafting

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Overview of Legal Drafting

Legal drafting is creating a written document that serves as a legal instrument or document. Legal drafts can take many forms, including contracts, wills, trusts, deeds, and other legal instruments.

Legal drafting involves using precise language to clearly and accurately convey the terms and conditions of a legal agreement or document. It requires a thorough understanding of the legal principles and concepts involved and an ability to clearly and concisely express those principles in writing.

Lawyers or other legal professionals typically review legal drafts to ensure they are legally sound and comply with relevant laws and regulations. In some cases, legal drafts may also be reviewed and negotiated by the parties involved in the legal agreement or document.

Legal drafting is an essential skill for lawyers and other legal professionals, as it is often an integral part of the legal process. It is also a key element of legal practice and is essential for ensuring that legal agreements and documents are clear, accurate, and enforceable.

Laws Related to Legal Drafting

  • The Companies Act, 1956 and 2013
  • The Constitution Of India
  • The Indian Stamp Act, 1899
  • The Registration Act, 1908
  • The Indian Contract Act, 1872

The Principles of Drafting

  • Legal Accuracy: Drafting should be legally accurate, taking into account the relevant laws, rules, and regulations.
  • Formatting: Drafting should be properly formatted, using headings, subheadings, and bullet points to make the document easy to read and understand.
  • Consistency: Drafting should be consistent in language, terminology, and formatting throughout the document.
  • Readability: Drafting should be easy to read and understand, using short sentences and paragraphs and avoiding complex language.
  • Legal Compliance: The document should comply with all relevant laws and regulations, including privacy and confidentiality provisions.

Checklist Rules for Legal Drafting

Legal drafting in India refers to preparing legal documents such as contracts, agreements, and pleadings for use in legal proceedings. It involves researching the relevant laws and regulations, determining the legal rights and obligations of the parties involved, and drafting the document clearly and concisely.

  • Legal Provisions: The first item on the checklist is to ensure that the legal representative who drafts the document must include all legal requirements in the same. Additionally, the rules of legal drafting must be followed with emphasis on case-law.
  • The Right Terminology: To convey the right information clearly and concisely, the legal expert or draftsman must use the right terminology.
  • Self-Explanatory: The document should be drafted in a way that is self-explanatory to any person who is educated and competent enough to understand the subject matter.
  • No Negative Terms or Language: It is important to not include any negative terms or language in the legal document.
  • The Proper Order of Paragraphs: The Legal Notice Draft must be prepared in logical order, divided into paragraphs that are properly marked ( with numbers, letters, etc), that is self-explanatory, concise and clear, with the right terminology.
  • Schedules, Enclosures or Annexures: If required, the legal drafting should include schedules, enclosures or annexures, which can be referred to when communicating a legal point. It is not required for the schedule to be included in the main part of the content but simply for reference to provide more clarity on the draft.
  • Reader-friendly: It is important to draft the legal documents in a way that is easily understood, for which it should meet all the conditions and requirements of legal drafting.

Do’s and Don’ts of Legal Drafting

Legal drafting, in its essence, is the combination of incorporating legal advice and fact into the format of a language. As the name implies, what stands out here is the legal advice provided by a legal expert or a lawyer.

Legal drafting in India is generally carried out by qualified lawyers or legal professionals who have received training in the field. To practice as a lawyer in India, an individual must have a law degree and be registered with the Bar Council of India. There are a few do and don’ts for legal drafting. They are as follows.

DO’S

  • For improving the quality of the draft, a group of words should be reduced to one.
  • One simple word for a group should be formulated.
  • Shorter sentences should be written
  • Add periods
  • Express the whole idea in few words
  • Prefer active over passive
  • Make verbs work
  • Choose the correct word
  • Know the motive behind writing
  • Write from the reader’s point of view
  • Outline (mental or written)

DONT’S

  • Avoid moving around about constructions
  • Avoid unnecessary repetitions
  • Avoid using words containing similar sounds
  • Avoid cumulative negative statements
  • Avoid typing mistakes

FAQs on Legal Drafting

Certain documents need to be notarised especially if they are to be presented before a notary. Documents such as real estate deeds must be authorised in the presence of a notary-designated person. However, such documents can only be presented and enforced in a court if they have been notarised and stamp duty has been paid.
Yes. This is because the Indian Stamp Act, 1899 states that the stamp duty that is paid acts as a way to track all transactions and evidence for the closure of an agreement. It can also be used as evidence in a court of law.
Legal drafting is a crucial aspect of the legal process in India. It ensures that legal documents are clear, concise, and legally accurate and helps to protect the rights and interests of the parties involved.
Legal drafting in India can be done by qualified lawyers, paralegals, or legal professionals with the knowledge and expertise to prepare legal documents in compliance with Indian laws. Some companies also have in-house legal teams that handle legal drafting internally.
Legal drafters in India may face several challenges, including the need to keep up-to-date with changes in the law, the need to work to tight deadlines, and the need to communicate complex legal concepts clearly and understandably. In addition, legal drafters may also need help working with clients who have conflicting interests or who are difficult to communicate with.
A lawyer's role in legal drafting is to ensure that the document is legally sound and enforceable. They will also make sure that the document is clear and concise, so that it can be easily understood by the parties involved.
Here are some of the specific tasks that a lawyer may perform in legal drafting:
  • Conduct legal research to determine the applicable law
  • Identify the needs of the client
  • Draft the document in a clear and concise manner
  • Review the document for accuracy and completeness
  • Negotiate the document with the other parties involved
  • File the document with the appropriate court or agency
  • The parts of legal drafting can vary depending on the type of document being drafted. However, some common parts include:
  • The preamble: This is the introductory part of the document, which states the purpose of the document and the names of the parties involved.
  • The body: This is the main part of the document, which contains the terms and conditions of the agreement.
  • The signatures: This is the part of the document where the parties involved sign their names.
  • The attachments: This is the part of the document where any additional documents are attached, such as exhibits or schedules.
  • There are many different types of legal drafts, but some of the most common ones include:
  • Contracts: Contracts are agreements between two or more parties that create legally binding obligations.
  • Wills: Wills are legal documents that state how a person's assets should be distributed after their death.
  • Trusts: Trusts are legal arrangements that allow a person to manage their assets for the benefit of another person or entity.
  • Agreements: Agreements are legal documents that set out the terms of an arrangement between two or more parties.
  • Leases: Leases are legal documents that govern the rental of property.
  • Patents: Patents are legal documents that grant an inventor the exclusive right to make, use, and sell their invention.
  • Why Vakilsearch?

    We have a pool of highly qualified legal writers who drafts legal notices for many firms and businesses across the country. Vakilsearch’s in-house lawyers and legal experts will contact you during the entire process. Once the requirements have been clearly discussed, we will draft your legal notice in no time. The pricing of Vakilsearch’s services is very less compared to other legal firms in India. If you have any questions regarding the drafting process of legal notice, our customer support team will be happy to assist you.

    Recent Updates

    94% Says Research and Skill to be the Top Skills of a Lawyer

    26th July: BML Munjal University School (BMU) conducted a survey on the skills and knowledge of law professionals. 94% respondents said the top skill that a lawyer needs is research and skill. The survey was done in collaboration with a legal search and consulting firm.

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