FUNDAMENTALS OF LEGAL DRAFTING
In the legal field, drafting is an art to present all relevant legal statements and issues with accuracy, conveying necessary details of the case along with true facts. Mastering the fundamentals of legal drafting is a skill that every lawyer must have since it is the heart of legal practice. A well drafted document can convey complex legal concepts clearly and concisely, while a poorly drafted one may lead to confusion, disputes or even legal consequences. In this blog we delve into fundamental principles and techniques of legal drafting equipping you with knowledge to produce effective legal documents. At Knowledgentia Consultants, we offer best contract drafting services in Delhi NCR to help our clients navigate through their legal cases smoothly and effectively.
GENERAL PRINCIPLES OF DRAFTING
- UNDERSTANDING THE PURPOSE AND SCOPE OF CASE
Before beginning to draft any legal document, it is important to understand its purpose and specific matter in which the document is required. Different types of legal documents serve different functions, and the drafting style and language may vary accordingly. Whether you are drafting a contract for two parties, or a law for a legislative body, understanding the purpose will help you tailor your draft appropriately.
- ORGANISING STRUCTURE IN PRELIMINARY OR ROUGH DRAFT
Before making a draft, a design of it should be first conceived. Clear organization is key to effective legal drafting. Begin by outlining the main points you want to address in your document. This will help you maintain a logical structure and ensure that you cover all necessary aspects. Consider using headings and subheadings to provide a clear and organized for your document. A well-structured document not only helps the reader navigate through the content but also enhances the overall readability.
- KEEPING SENTENCES AND PASSAGES BRIEF
In legal drafting, brevity is highly valued. Utilize clear and concise sentences to convey your thoughts. Long sentences can make your draft difficult to understand. Separate complex thoughts into simpler sentences.
- FACTS SHOULD BE STATED PROPERLY
One should understand that all the facts must be stated correctly in the draft and nothing should be omitted or admitted randomly. Negative statements which can go against our client should be avoided that could make the draft weak.
- USING PRECISE LANGUAGE
Legal drafting requires using unambiguous language which is not vague to the reader. We should follow a technical language in the draft not a layman’s language. A language that is easily comprehensible and to the point makes a draft much more clear.
- EASY INTERPRETATION
Due care and attention should be followed on the rules of interpretation and the case laws pertaining to the related matter. The draft should be self explanatory as far as possible. Multiple rounds of correction are in many cases important to create an error free final draft. It is extremely important that the words in the draft reflect politeness and kindness in order to convey or communicate the relief in a natural and justifiable manner.
DO’S AND DON’T OF DRAFTING
- Usage of simple words with shorter sentences
- No Ambiguity
- Use present tense
- Avoid legal jargon
- Prefer active voice over passive
- Avoid using unnecessary repetitions
- Avoid using different words to denote the same thing
- Avoid spelling and grammatical and typing mistakes.
ESSENTIAL COMPONENTS OF DRAFTING AN AGREEMENT
OBLIGATION OF THE PARTIES
If each party’s obligations and liabilities are not specified or defined properly, the potential for a conflict grows. The obligations should be effective and just, which is also dependent on the parties, but the remedy process in the event of a breach in one’s liability to fulfill their part of work should be indicated as well.
In a contract, the consideration frequently includes remuneration for the act performed. This payment might be made at various stages of the fulfillment of the agreement. To avoid any problems, it is critical that the majority of these installments of payments, if anticipated, be indicated in the agreement. It is advisable to make the payment after the delivery or discharge of liability to avoid such issues or to partially do the payments in proportion with the delivery. Also, at the time when the product or service quality and the standard is being verified, if there is any requirement of prepayment it should be brought up.
It is the clause where we can decide to terminate or end the agreement such as on a breach or expiry of a contract or on the grounds of misconduct or any other unforeseeable event that might occur and the agreement cannot be continued further. Sometimes at the convenience of the parties the agreement gets terminated because they don’t wish to continue. These termination clauses can be quite problematic as it is sometimes hard to find a way to end the relationship in which all the parties get a satisfactory outcome or fulfill the constitution of the clause.
Apart from above clauses, there are many other important considerations to be taken care of while drafting any legal document as well depending on the case and type of matter. As legal drafts are cornerstones of any litigation, legal firms, it is vital to seek professional support. Knowledgentia Consultants has earned a name as one of the best litigation firm and most client focused firm providing contract drafting services locally as well as globally. We are your one-stop solution for all kinds of legal, compliance and supplemental matters concerning drafting. In case of any query regarding this matter you may email us at firstname.lastname@example.org or visit our website -https://knowledgentia.com/.