Basic General Principles of Drafting in Legal Notices

Whenever any advocate drafts a legal notice it is necessary to know the general principles of drafting.

While drafting of notice these principles should be implemented so that advocate can express the facts about the matter and it will help to convince the judge. 

The legal notice is the initial stage of taking any legal action. Without legal notices, no one can’t take any legal action. It is a warning to the opponent about the legal matter. 

For that matter, legal notices are very important.  In the legal field, there are so many types of legal notices to write.

What Are the General Principles of Drafting?

General Principles are as follows and you need to attain the best results while checking out the details included:

• To outline satisfactorily

A draft is an outline of any document. This means that the final finished document must resolve all relevant issues. The draft format should contain all the necessary details and the language used should not be vague.

• Style and Language

It is an integral part of the transfer of an idea. Emphasis must be placed on clarity and thought. The style used must be a legal term so that the facts are accurately understood. Grammatical errors, repetition, and spelling should be avoided. These are the basic general principles of drafting.

• Physical Characteristics

The draft must be prepared on paper, i.e. paper size (20 by 30 cm) including a space of 4 cm from the top and left.

• Each page should be numbered.

• Opening text should be in Roman numerals and the main text in Arabic.

• In the upper right corner, Pages should appear.

• Text format should be double-spaced.

• Sheets should be tied together.

What is Drafting in law?

Legal drafting is a structured method with general principles to write any legal document. It has different formats for drafting legal documents. The writing format is used to write legal notices or documents.

There are so many legal drafting formats. Let's take a look at some of these legal notices. On the internet, you can get the various types of legal drafting formats pdf for reference.

How to do Drafting in law?

Legal drafting is a highly sought-after legal skill, a must-have for almost all types of legal professionals, whether you are of in-house counsel or an independent practitioner. Even in LPO, drafting is a desired skill. The ultimate question for anyone to put words together to create something of meaning and value is, " what is legal drafting? and how to write?"

Tips for Improving Drafting of Legal Documents

There are some general principles of drafting.

1. Writing jot points in advance.

2. Avoid formal and technical terms.

3. Keep writing to the point.

4. Try this.

5. Use powerful action words.

6. Active voice brings clarity to the topic.

7. Be careful when you edit.

Format of Legal Notice: Legal Notice for Forfeiture of the Mortgaged Property

Ref. No…………….                                  Dated ____, __________

REGD.A.D.
SUB.: LEGAL NOTICE

To,
_____________

Sir/Madam,

As instructed by my client Mr. X, I am required to call upon you to pay the principal amount along with the interest due on the mortgage of..…………….., made between one part and said X of another party, which became payable and repayable to the said X on the day of ………………….. ………………….., failing which, I am directed to file a suit against you For foreclosure of the mortgaged property.

Your faithful,

………………….

Advocate

Here Is a Draft Legal Notice for Recovery of Money

Filed by the vendor for payment of immovable property

Reference No ……………                                        Dated ____, __________

REGD.A.D.

Sub.: Legal notice

To,

_____________

 Sir / Madam,

• I am giving you the following legal notice by and on behalf of my client ___________________, a resident of _________________: –
• My client entered into an agreement of sale with you on _____.
• Deed of sale bearing house no. ____, located at _________ for a consideration of Rs. ____
• As per clause ___ of the agreement, the said transaction must be completed within ____ months from the date of the said agreement.
• My client was and is still willing to execute the sale deed on your behalf or behalf of any person as you may direct in terms of the said agreement, but could not do so due to default payment.

I hereby call upon you to take action against the payment of the balance of the consideration amount by my client …………………….. in respect of this agreement on or before the ……………….. day of ……………….., failure to do so will result in cancellation of the Agreement and forfeiture of the earnest money paid by you.

However, this does not prejudice my client's rights to recover all costs, damages, losses, and expenses incurred as a result of your failure to perform the above agreement.

A copy of this notice has been kept in my office for record and further necessary proceedings and you are also advised to keep the copy safe as you may be asked to appear in court.

____________
ADVOCATE SIGNATURE

Here Is the Cheque Bounce Notice Draft

Reference no……………                       Dated ____, __________

REGD.A.D.

Sub.: Legal notice

To,

_____________

Dear Sir/Madam,

According to instructions and authority from A (herein referred to as my 'client'), I hereby give you the following notice of demand under Section 138 of the Negotiable Instruments Act, 1881:

• My client has known you for the past ___ years and on that account, you had earned the trust and confidence of my client, which you received from my client in ___ months Rs.XXX/-  A friendly loan of ________ was sought. My client has given you that amount.
• Earlier, you issued a check on date _________ for Rs. ________ drawn on ****** to meet your partial liability. While issuing the cheque, you assured my client that it was good for value and would be honored when presented.
• When the above check was presented, my client returned it unpaid to his banker for encashment citing “insufficient funds” by the banker. My client informed you about this via telephone/email.
• My client has reminded you so many times, you failed to make payment to my client. You tried to avoid the matter and ignored my client. My client is left with no other option but to serve you with a legal notice.
• You have failed to comply with the provisions of the Act and have also failed to discharge your obligations from your account and have knowingly and willfully dishonored the same cheque.
• That is, either you fulfill your obligations to my client within the next 15 days or you will face criminal and civil charges, and you can be punished with imprisonment for up to two years or double the fine. with a check or both.

A copy of this notice has been kept in my office for record and further necessary proceedings and you are also advised to keep the copy safe as you may be asked to appear in court.

____________
ADVOCATE

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