THE CONCEPT OF DRAFTING & ITS GENERAL PRINCIPLES[1]
ABSTRACT:
The aim of this blog is to epitomise the concept and basic principles of drafting. There are various principles which are specified to the Lawyers so that they can use it in the legal field. An advocate must know about “how to make a draft” because it is very essential to convince the judge by expressing his views through a legal document. The duty of the advocate is to tell his clients all the details regarding the case.
MEANING OF DRAFTING:
It is an art which can be gained only by continuous practice. In a legal field “The act of writing legal documents” is known as drafting. The main feature is to represent all the relevant statements and issues. In the field of litigation, an advocate must have proper skills and patience for drafting. The main aim of drafting is to give accuracy and true statements.
The process of drafting involves three drafts which are as follows:
- The first draft focuses on the facts should be properly mentioned.
- The second draft works on the first draft’s language correction in a proper form.
- The final draft gives an authenticated finish of the legal document to convince the concerned authority
WHAT IS DRAFT?
It is generally a précis document which gives all the necessary details about a case. It is called a rough document which is prepared by the lawyers and after that, a final touch needs to prepare the draft.
There are two types of terminology in making a draft i.e.
- DRAFTSMAN: He is a person who makes the documents like mortgage deed, lease deed etc.
- DRAGOMAN: He is a person translate the whole summary of the judgements.
PURPOSE OF DRAFTING:
The basic purpose of drafting is to provide ideas and proper information. Its main aim is to provide clear and concise data which can be easily understood by the clients and can satisfy the wants of them. An advocate must not forget that there is always a motive or objective behind every text.
IMPORTANCE OF LEGAL DOCUMENT:
In a Law field drafting is one of an integral part which an advocate must know and he should be an expert in making a draft. We cannot expect everyone to be perfect in drafting but the more and more practice gives more and more knowledge to them. Firstly, everyone should understand the law and facts about the case.
As we see that the young generation is now suffering from poor drafting and this is because of lack of training given in the colleges. Many senior advocates gave training to the juniors so that they can learn to draft in a well-mannered way and can know about the basic principles of drafting.
LAWS RELATING TO DRAFTING[2]:
There are various laws which deal with drafting which are:
- The Companies Act, 2013 and 1956
- The Indian Contract Act,1872
- The Indian Stamp Act,1899
- The Registration Act,1908
- The Constitution of India
WHAT PRINCIPLES GOVERN DRAFTING?
It generally includes four principles which are:
- FORMATION OF OUTLINE IN A SATISFACTORY MANNER: Draft is a frame of any document. It means that the final prepared document should flesh out all the relevant issues. A draft should contain all the details which are essential and the language used should not be obscure.
- EMPHASIS ON THE ARRANGEMENT OF FACTS: Trench significance should be given to the mode of the arrangement of the facts. The facts should be arranged in a good manner to present an appropriate frame. There must be compatibility before presenting the ideas.
- STYLE AND LANGUAGE: It is an integral factor for the transfer of an idea. There must be clear and emphasise thinking. The style used must be legal terms so that the facts can be easily understood in a precise manner. Grammar mistakes, repetitions, spellings, should be avoided.
- PHYSICAL CHARACTERISTICS: The draft must be made on a paper i.e. the size of the paper (20 by 30 cms) which includes a margin of 4 cms from the top and left.
THERE ARE SOME OTHER PHYSICAL CHARACTERISTICS WHICH INCLUDE:
- Each page should be numbered.
- Starting text should be in roman numbers and the main text in Arabic.
- In the upper right corner, the pages should appear.
- The format of the text should be double-spaced.
- The sheets should be tied jointly.
RULES OF DRAFTING:
There are various rules of drafting which are mentioned below:
- A frame of a draft should be made before finalising it.
- No facts should be deleted.
- Avoid negative statements.
- Simple language and it must be accurate.
- Proper attention is needed in translating any case or matter.
- It should be divided into paragraph forms and each contains a major point.
- It should be made with competent skills to understand all the mentioned details.
- Before presenting a draft it should be read one or two times.
LET’S UNDERSTOOD MORE ABOUT THE QUALITY OF WORDS REQUIRED TO BE USED:
Before making any draft everyone has to keep in their mind that the matter of the draft should be worth of quality but not the quantity.
- The words must be in the same manner.
- The active voice must be preferred with respect to passive voice.
- Do not use the word ‘that’ in starting.
DO’S AND DON’TS:
DO’S:
There are some factors which should be kept in mind before making a draft namely:
- For enhancing the worth of the draft there should be concise matter and the collective words should be writing as a one.
- Sentences should be short.
- The whole idea must be described in a brief manner.
- Right words should be chosen.
- There must be a motive.
- Make a frame.
DONT’S:
- Avoid repetitions.
- No mistakes in typing.
- Avoid similar words which have the same meaning.
CONCLUSION:
Therefore, it can be concluded that drafting is an art which should be known by every writer. An advocate should always keep in his mind that the language used should be precise and simple which can be easily understood by the clients or any other person. The words used should be actionable so that the judges can easily be convinced (if the matter in legal draft will be impressive).
[1] AUTHORED BY: MS. KAJAL KUKREJA, LL.B, FINAL YEAR STUDENT AT NEW LAW COLLEGE, BHARATI VIDYAPEETH DEEMED UNIVERSITY & RESEARCH WRITER AT LAW AUDIENCE: EDITED BY: MR. VARUN KUMAR (FOUNDER & CEO & EDITOR-IN-CHIEF).
[2] CS Harleen V. Bedi, Importance and Principles of Good Legal Drafting, COMPLIANCE CALENDAR LLP (Sep. 17, 2018, 10:00 PM) https://blogs.compliancecalendar.in/importance-and-principles-of-good-legal-drafting-by-cs-harleen-kaur-243.
