Legal Drafting: Meaning in Law & Format

Legal Drafting is the combination of incorporating legal advice and fact into the format of a language. In law, drafting refers to preparing a legal document for legal purposes.

Thus, the language used in drafting is legal language that is understood by a person having legal knowledge. A professional should be able to think and communicate well in order to draft well.

Drafting is the collection and placement of all aspects of the matter in a lawful manner and a lucid style so that the contents of the documents can be understood without any ambiguity. In this article, we shall understand the meaning of drafting in legal language and the formats of lawful drafting.

What is Legal Drafting?

Drafting is the synthesis of law and facts that can impact the parties involved. It offers a structured approach to developing any written legal instrument such as a contract, memo, affidavit, petition, notice, etc. in a language form.

Drafting in legal terms comprises learning various kinds of drafts of legal documents to be presented in court and for giving accurate statements to the client. It means identifying all the relevant facts and laws and then applying them to prepare a document.

What do you mean by Drafting in Law?

Drafting meaning in law is a science that can be learned through extensive practice. You can also download legal drafting pdf from google. In simple meaning, it is the process of creating legal documents. The main benefit is that it conveys a concise understanding of the important details of the problem. The person who is drafting must have expertise and knowledge while drafting. The main aim of the draft is given below:

• The initial draft gives the accuracy and completeness of the information
• The second draft attempt to improve the first draft by significantly cutting the word and form.
• The final draft implies giving the document the finishing touch so that it is persuasive and authoritative.

What are the General Principles of Drafting?

The following are general principles of legal drafting:

1. Sound knowledge of laws: The most important principle is that the person drafting is to have a clear conception of the intention of the parties and examine what can be performed within the ambit of the applicable laws.

2. Details of parties: A draftsman shall have the name of parties, description and address of parties and should know the matters to be covered.

3. Contractual capacity: A draftsman must know if the parties to the contract are having free capacity or consent to the contract. For example, a minor cannot enter into a contract except through his legal guardian.

4. Formation of outline in a satisfactory manner for Legal drafting: It is important to outline the document before taking up the drafting. It means that the final prepared document should extract all the relevant issues.

5. Emphasis on Arrangements and Facts: Significance should be given to the mode of arrangement of the facts. The facts must be arranged in a proper manner to have an easy presentation and in an appropriate frame.

6. Schedules and annexures: These must be provided wherever necessary along with the document and proper reference of the same.

7. Unnecessary words: Unnecessary words should be avoided to make the document precise and to the point. Also, positive statements should be used instead of negative ones.

What are the laws relating to drafting?

There are several laws that are dealt with while drafting which are given below:

1. The Companies Act, 2013 and 1956

2. The Indian Contract Act, 1872

3. The Indian Stamp Act, 1899

4. The Registration Act, 1908

5. The Constitution of India

What is to include in the legal drafting format?

The legal draft format should include the presentation of information on a standard quality paper 20 cm in length and 30 cm in breadth, with margins of 4 cm at the top and left side, with 2.5 cm to 4 cm on the right and at the bottom. The characteristics of the format that should include are given below:

• The pages of the draft must be properly numbered
• The opening points should be numbered with roman numbers (i, ii, iii) and main points (1,2,3)
• The page number is to be printed in the top-right corner of each page (spaced 2.5 cm from the top and right side).
• Each paragraph in the document should be properly numbered and must be given five spaces. You can also download legal drafting formats pdf from google.

What are the things to keep in mind to draft legal notice for recovery of money?

The drafting writing format of legal notice for recovery of money should be specific and accurate.

1. General information -

You can begin with the basic information for an easy understanding of the addressee. At the start of the notice, a sender has to include his basic details including his name, address, contact details, and explanation of his profile.

2. Proof behind the reason for taking this action -

The information of every single piece should be in the form of a paragraph in the legal notice. The significant statements addressing the various sections are applied to make it easier for the addressee to read and understand. Every paragraph of legal drafting consists of disputes, important facts, and relevant arguments favoring the initiation of taking steps of sending the format of legal notice for recovery of money. The sender shall attach proof in support of the given statement.

3. Relief Sought -

The sender must give details and describe specifically the relief sought by him. It is mentioned and written in the last paragraph of the legal notice.

What are the contents of the draft of a legal notice for money recovery?

1. The legal notice must be drafted on the letterhead of the lawyer.

2. The address and contact information of the advocate.

3. The issue date of legal notice having the name, address, and contact details of the recipient.

4. The name, address, and contact info. of the petitioner should be given while legal drafting.

5. The notice legal must be specific regarding the violation of the rights due to the action by the defaulter.

6. Remedies or relief asked from the defaulter.

7. The format of the legal notice must be dated and signed by the lawyer and the petitioner.

How to write a case study format?

Legal case study writing is a standard procedure that has to be followed. Before writing the case study, you must have a clear concept of the case. There is a framework to demonstrate the case drafting format as follows:

1. Citation – The primary issue of a law case study, where you have given the citation in legal drafting including the appropriate date when it was decided, the name of the court and the name of the case study

2. Facts – This comprises the lower court’s decision, the argument and the identity of the defendant, the plaintiff and the reason for the lawsuit.

3. Issue – It is the subject of the legal case study. It provides the critical points before the court and the question that the client may be asked

4. Decision – This is the final answer to the court will be described here. The court will provide a solution in a positive or negative sense.

5. Reason – This comprises the possible logic for the answer to the court. It represents which legal cause the court has arrived at its decision.

Conclusion

Legal Drafting is an art that should be known by the draftsman. An advocate must always keep in his mind that the language used should be precise and can be easily understood by the clients or any other person. The words used should be actionable and can convince the judge. In this article, we have understood the meaning of drafting and its principles. We have also discussed the format of legal notice for the recovery of money.

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