The present article is written by Hina Agarwal, from Indian institute of legal studies, Dagapur, siliguri discussing about importance of drafting in lawyer’s life and essentials of a good draft.
Legal drafting is considered as to be the most important instrument of legal communication. Drafting is an outline of a document in legal field the art of writing is known as a drafting.The skill of drafting comes from persistence thinking, new ideas, knowledge towards the purpose of the concerned legal document. The ability to draft has become a skill that is highly valued in lawyer’s life for day-to-day work. A lawyer should have a legal drafting skill because the legal document is directly co-related to client issues and solution. Drafting helps the lawyers to build-up their knowledge and can easily connect with large amount of people. Unfortunately drafting have become a secondary, basically of two main reasons i.e., easily availability of precedent and due to less time to draft a totally new one. But, still drafting is considered as a utmost importance as it creates a permanent title.
Drafting is vital as carries the intuition of the said party and complied with the applicable law. While drafting a lawyer gets the ideal knowledge about the client’s issues and keeps a lawyer updated about the laws and changing in and around. If the drafting is poor it can lead to legal risks and unsatisfactory among the clients. A proper understanding of drafting cannot be realized unless the nexus between the law, facts and language is fully understood by the lawyer. A lawyer should not only have the concept of drafting but also the legal knowledge, as the drafting contains knowledge of facts and law so to put the facts in systematic manner and if the lawyer fails to have the legal knowledge the drafting is incomplete.
Good drafting improves the writing skills of a lawyer, new thought process always comes while drafting. In order to write a good draft a lawyer should follow the following.
Five important steps for good drafting are:
1. Coming up with a topic- It is necessary to reach out to the topic in which a draft has to
2. Research- Depth researching in the area of issues or on topic chosen.
3. Planning and outling- planning out the procedure and outling the important points, so that it can be easier to be dealt with.
4. Preparing a first draft- prepare a first draft, which may be a rough where it’s roughly framed all the issues and matter.
5. Redrafting and revising and lastly editing- Redraft the entire draft and make presentable, revise it so there is no error and lastly, editing in the format.
If a lawyer keeps in mind the said important points they may succeed in drafting. Drafting is something which is learnt, cultivated and improve continuously like ‘Rome was not built in a day’ likewise, drafting is not inherited by any lawyer from before it is an art of developing slowly and steadily and which is improved with time and experience.
Drafting stands on two pillars: the conceptual and the verbal. Besides, choosing right words, the draftsman seeks the correct concepts. Drafting is therefore, thinking and second composing. If the drafting skill is low and not customized properly on doesn’t have essential information or the lawyer fails to provide the relevant information and the things can go wrong. In today’s fast moving commercial world drafting is very necessary to reach out the people.
Characteristics of good drafting:
3. Remove ambiguity
5. Define important points
For instance, a legal document served to the other party, full of legal jargons that the other party faces difficulty in understanding the legal issue and remedies available. A lawyer must have the best and proper knowledge of drafting skills or he may lose the interest of his clients. Drafting is totally a skill, which keeps on enhancing the skill and the ideology of the lawyers, without good drafting skills it is very difficult for a lawyer to stand with the legal changes in the society, because drafting is essential in every field of law and as a lawyer ‘drafting should be in the blood of the lawyer.’
In law field drafting is the integral part where a advocate should be perfect and must have knowledge about the drafting, otherwise he may face various issues. Without the knowledge of drafting there can be a failure in the field of law. A lawyer should develop his skills and art of drafting whenever required. For enhancing the draft, it should be concise matter and words. It should not be ambiguous which may be difficult for a lay man to understand. Drafting is an art and should be known by every lawyer. A lawyer should keep in mind the concept and language he uses should be correct and all the issues of clients should be drafted properly.
A lawyer can improve his drafting skill by organizing the writing, concise , proper use of words editing ruthlessly, knowledge of law, issues should be properly framed and logical and no omission of important factors. A lawyer is know by his drafting skills, one should not ignore it’s importance in the field of law, as it is vital at every stage. A lawyer should also have the knowledge to read the mind set, resources and governing laws to prepare the legal document. A lawyer should draft a new draft always in order enhance his skill rather than relying on old drafts too much as the legal provisions are changing if the lawyer fails to state new enactments or law there can be failure. Basically, drafting combine and holds a lot of fields together and in order to survive the law field a lawyer must be well equipped with these things.
Drafting skills not only intends the acquaints a layman but also tries to reach out the people in the society and connect a large network. People expect a knowledgeable and well drafted document prepared by a lawyer because of a layman wants to prepare a legal document he first reaches out to a lawyer and if the lawyer is not well acknowledged with the skills in drafting there can be failure on the part of the lawyer in law field.
Importance of drafting in the field of criminal law
Drafting skills and criminal field are closely tied to each other. Written communication is important in criminology career in order to write reports. Criminal field heavily rely upon the written documents to communicate to the parties involved, in order to communicate well the drafting should be well prepared otherwise the message will not reach out to the opposite party and will cause destruction.
In this field of law, drafting skills are required at every stage and procedure whether it be trial procedure or any procedure. In a criminal activity a lawyer have to Draft, persons involved, detail facts of the incident occurred, various studies and research also requires drafting skills. Internal communications between Co-workers and to reach services department, these activities requires excellent writing skills. Poor written report can lead major injustice to the aggrieved party, with someone being found guilty or innocent based on misunderstanding in drafting. Therefore, drafting plays important role because a small mistake may amount to big loss to the aggrieved party.
Importance of drafting skills in corporate:
Drafting skills in firms and company plays extremely and important and Central role in the success when it comes to drafting in this field drafting of effective contracts and legal
agreements, shareholder agreements and government contracts. All this requires skills to Draft these agreement and contracts in order to make it effective. As, it contains the issues and terms and conditions of the aggrieved party and to make opposite party well aware and understanding the conditions, it is essential that the document is well drafted. Drafting skills plays a vital role in this field because the lawyer has to frequently draft the necessary documents, even the draft received to company or the firms, the reply that also requires drafting skills.
While preparing reports of the agency, if there is consistently poor written and errors the goodwill of the agency may fall. Drafting of a particular firms and company really hold the goodwill, that is reason us necessary to have the knowledge of drafting skills in corporate. In order, to survive in today’s changing dynamic process of legal areas a lawyers must have a proper skill and knowledge in drafting and it plays a very important role in life of the lawyer.
Legal writing in considered as a key skill for lawyer. A lawyer in any field of law, requires drafting as it is necessary in every field of law. Without the knowledge of drafting skills is difficult to sustain and reach the heights in the field of law. Every lawyer should keep on developing his skills and knowledge of drafting to gain a good results.
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