Legal Drafting Instructions And Guidelines

Legal drafting could be understood as creating a written document which serves as a legal instrument or document. Legal drafts are of different forms, which include draft contracts, wills, trusts, deeds, and various other legal instruments.

A precise language is required in legal drafting to convey the terms and conditions of a legal agreement or document in a clear and accurate manner. Legal drafting requires a thorough knowledge of the legal principles and concepts required and an ability to express those principles in writing in a clear and concise manner.

Professionals such as lawyers or other legal document preparers typically review legal drafts in order to ensure that they are legally sound and comply with relevant laws and regulations. In many cases, such legal drafts may also be reviewed and negotiated by the parties which are involved in the legal agreement or document.

Legal drafting is an important skill for lawyers and other legal professionals, as it is an integral and inseparable part of the legal process. Also, legal drafting is a key element of legal practice and is necessary to ensure such legal agreements and documents are clear, accurate, and enforceable in a positive manner.

Laws Related to Legal Drafting

  • The Constitution Of India

  • The Companies Act, 1956 and 2013

  • The Indian Contract Act, 1872

  • The Indian Stamp Act, 1899

  • The Registration Act, 1908

  • The Principles of Drafting

Important points to be kept in mind when drafting a legal document-

  • Legal Accuracy: It is important that drafting is legally accurate, also taking into account the relevant laws, rules, and regulations.

  • Formatting: A legal draft should be properly formatted, including proper headings, subheadings, and bullet points so as to make the document easy to read and understand.

  • Consistency: It is important to keep in mind when drafting a legal document that such a document should be consistent in language, terminology, and formatting throughout the entire document.

  • Readability: A legal document drafting should be easy to read and understand, hence short sentences and paragraphs should be used, while avoiding the complex language.

  • Legal Compliance: A legal document must comply with all necessary laws and regulations, including privacy and confidentiality provisions as well.

Checklist Rules for Legal Drafting

Legal drafting in India refers to creating legal documents such as contracts, agreements, as well as pleadings for use in legal proceedings. It also involves researching the related laws and regulations, hence determining the legal rights and obligations of the parties involved and drafting the document in a clear and concise manner.

  • Legal Provisions: The first point on the checklist is ensuring that legal document preparer drafting the document must include all necessary legal requirements in the document

  • The Right Terminology: In order to convey the right information precisely, the legal expert or draftsman has to use the right terminology.

  • Self-Explanatory: The document has to be drafted in a way that is self-explanatory to any person who is educated and competent enough to understand the subject matter of the document.

  • 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 which 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 could be referred to when communicating a legal point. 

  • Reader-friendly: It is important to draft legal documents in a way that is easily understood, for which it must meet all conditions and requirements of legal drafting.

Do’s and Don’ts of Legal Drafting

Legal drafting in India is generally carried out by qualified lawyers or legal professionals who have received training in the field. A few points have to be kept in mind, which shall be followed or avoided when drafting a legal document.

DO’S

  • To improve the quality of the draft, instead of using a group of words, a single word should be used.

  • Shorter sentences should be used

  • Periods should be added

  • Whole point should be expressed in a few words

  • Active voice should be used over passive

  • The motive behind the writing should be kept in mind

  • The draft should be written from the reader’s point of view

DON'TS

  • Moving around about the constructions must be avoided

  • Unnecessary repetitions must be avoided

  • Words containing similar sounds should not be used

  • Typing mistakes should be avoided

Lead India Law offers you a team of experienced advocates who have been successfully handling issues involving legal drafting. Hence, if you wish to seek free legal advice online or wish to talk to a lawyer, you may contact us.


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