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Legal Drafting

The legal draft is a formal document used in legal affairs. The well-structured format of a legal draft is an art of writing which is learned or skilled with time in the domain of the legal field. Legal writing is a formal document that required a well-defined format to be followed.

The format of legal drafting include each document used in the court proceedings, whether a Pleading, written statement, employment contract, or any other document required in any language.

It is a popular proverb that if the legal document is drafted correctly then it means that you have won half of the battle. Drafting plays a significant role in the process because it’s the legal paper that speaks at the first instance for you.

The document should be drafted in such a way that the person to whom you are presenting the medium of the draft will be happy with the details of it. The draft should be made in simple and understandable language and must be one that is legally binding and acceptable in a court of law.

What Will The Format Of Legal Drafting Be?

The legal draft format of each document used in the court work is distinct. Specific legal drafting needs a specific format to be followed. While drafting the document each minute detail should be taken care of.  

We take the example of a suit, there are a series of documents that are generated by a lawyer and team, from making the brief to the filing of affidavits.

The lawyer does not argue the case by oral submission merely in court, a whole legal battle is fought by filling out series of a documents that are needed in any matter.  

Each phrase or word in the draft is precious, as it has the power to persuade the other. The format of legal drafting depends upon the kind of document you are going to prepare.

But general things that one must keep in mind keep while preparing the drafts are as follows –

  • Keep the Presenter in Mind

In the legal drafts, it’s the individual or entity whom you are representing. Therefore, whatever you are writing in the document must represent and resonate with the desire of the individual or entity whatever the case at hand.

The tone and intent of format of legal drafting must be such to make things clear to the recipient. Do not add an analytical perspective to the legal draft which is to be presented in the court.

  • To the Point

The points or facts that you are framing in the document must be to the point. The format of the legal draft must be optimally organized. First, one must make the document layout by joining all contextual points. Take these points as a guideline while drafting the paper and use the transitional phrase effectively. Try to write each paragraph with a heading wherever possible.

  • Avoid messing up two topics 

Wherever in the document you are talking about two different things, do separate them so that both things and events do not get.

  • Avoid the use of technical terms

The use of too many technical phrases or jargon makes the document complex.  The choice of words must be such that it makes things clear there and do not add complexity to the matter.

Wherever possible avoid the use of the words like aforementioned, herein, wherein, etc., the use of these can make the reader detached from facts or information.

  • Be Precise and Clear

When you put facts or events in the document, try to make it precise do not exaggerate things unnecessarily. While making the information or facts imprecise keep in mind that it must make the fact or information meaningful and clear.

The use of action terms or phrase makes the unfortunate event or event live in the eye of the reader of the document. Try to use active voice, where possible because it makes the things mixed up crystal clear.

Legal Document Formatting Guidelines

The format of legal drafting requires certain elements to be taken care of these including –

  • Size of Paper
  • Fonts
  • Margins
  • Spacing
  • Printing and binding

 All these elements in format of legal drafting come together to form a meaningful and complete legal draft, but sometimes the specification can vary depending on the document. These legal formats in word files are more frequently in use.

In India to make the consumption of paper minimize to some extent and save the environment and bring uniformity in the use of paper and printing the authority competent in this regard had issued certain guidelines to be followed that is-

  • The legal format size of the paper will be A4 size which is 29.7cm x 21 cm with 75 GSM must be used of superior quality.
  • The printing must be on both sides of the paper.
  • The font style must be New Time Roman, and the font size must be 14 in size
  • The spacing will be one and a half within quotations and indents, font size of 12 single line spacing.
  • Margin for legal documents will be 4cm on the left and right, whereas the top and bottom must be 2cm. This will be the legal size paper margins in cm.
  • These are the essential details of format of legal drafting one must keep in mind while drafting legal pleadings, plants or petitions or written statements, affidavits, or other documents which are to be filled in the court.

Drafting Format Documents Required Skills that are Basic to Write Legal Documents

The lawyer’s role in drafting a legal document is to ensure that all the facts and law that are to be applied in the situation is in the correct order. the document prepared with clear intent and instruction is good to achieve the goal of the client.

The format of legal drafting comprises of following skills –

    • Art of obtaining complete information from the client and other necessary sources to fully understand the matter at hand.
    • Make the layout of the document in such a way that makes the submission of the client and his desire purposeful.
    • Analyse the draft to prepare you, to identify whether the structure or law applied are matching the case that which client wants to put before the court of law.
    • Make the client know the content of the draft, so if there is any change ask him can be made it accordingly.

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