Questions Legal

What are the principles of legal drafting?

Airtract

Anjana Roy

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Legal drafting is a professional term attached to the legal system almost regularly. Legal drafting is referred to as the recording or writing of certain legal contents and documents which has a huge importance in the judiciary and can be used as future records for any legal purposes. As verbal records have very less or no such authentic evidence at all, thus any legal proceedings need to be written or drafted records for the future. Thus any legal drafting requires some basic construction of content layout and principles to be followed. The reason behind this is to maintain a legal communication. Here are the main principles of legal drafting.

1. It is not easy to do legal drafting until you have full knowledge and detailed ideas on the matter which is to be written. Thus, knowing and having experience with the laws and legal procedures are very important. The specific things like which of the sections are applicable, which sections belong to which issues, etc., needs to be mentioned clearly.

2. Make sure to follow the perfect content layout and plan before drafting a legal document. The layouts should be filled with respective facts, detailed information, case study, evidence, etc. in a proper format.

3. It is a must to know for whom you are drafting the legal document as the background, age, and identity of the victim matters a lot. Don’t forget that a legal draft is a kind of contract where one has to sign it. If it is written on behalf of a minor, it is required to be signed through his/her guardian.

4. The draft should contain every detail like the address, names, identity, description, case history, etc. Without the details, the legal drafts are not acceptable as the respective sections or laws cannot be filed without this information. Priority should be given to the contents first before assigning the laws. 

5. Try to make your draft detailed but brief with the practical use of words and sentences. Don’t use unnecessary words or sentences as it gets messed up and does not seem to be authentic. One more thing, which is very important to remember is to use more active words than passive words.

6. If you somehow find the necessity to provide Schedules or annexures to be mentioned in your draft, definitely use it. Sometimes, long legal drafts need schedules and annexures, but make sure that it fully gets matched with the document itself.