It has been said time and again by various legal academicians such as Cedrone, Michael J., Kierstead, Shelley, and Erika Abner , that legal writing involves the highest level of need, both in knowledge as well as possessing a good presence of mind. Writing a legal document, also requires thorough clarity over legal concepts and acquiring perfectly abstracted investigative and defensive techniques.
The drafting process if done incorrectly, will cost a client or in a worst case scenario, the life of the client. Therefore, in that light, this blog condenses top qualities needed by a person to be a better writer in the legal industry and steer clear of potential mishaps.
The Basic Fundamentals of Legal Drafting:
Avoid Vagueness :
Nothing speaks professionalism better than having a well drafted, to the point legal draft. However, if a legal document is vague then it will,
- Sell you short and act as the number one bonus point for your opponent
- Not disclose the aftermath of the liability and wont provide any means to defend a clause for hypothetical situation leaving you stranded
- Will leave ample opportunity for the opponent to frame situations which are not covered by the document
How to Avoid Vagueness?
- Adding a clause and analyzing for every possible situation is one of the best way to safeguarding oneself
- use the saving clause. Always make it a point to add a clause which makes the document comply only on certain situations. This is another means to tackle legal deadlocks while drafting a legal document.
Being Concise :
Concising a legal document also called as condensation, is a work which demands a huge deal of dedication and carefulness. Therefore, let us see how helpful being concise will be, while writing a legal document?
- Being concise and to the point will be helpful in concrete word building and easy issue conveyance. As the famous saying of Strunk & White goes, “A sentence should contain no unnecessary words, a paragraph no unnecessary sentences, for the same reason that a drawing should have no unnecessary lines, and a machine no unnecessary parts.”
- The draftsman should distinguish the words that signify a document and words which are in place of a lexical filler. This concept is similar to that of obiter dicta and ratio decidendi.
- Being concise will make the document clear, understandable and conveyable.
Having Focus :
The next major important requirement for efficiently drafting a legal document is, FOCUS! A lawyer has to steer focus on multiple issues. So below are a few pointers that will help you focus on the things that really matter.
Important Things to Focus on:
- Always focus on the legal objection and the way the objection is addressed
- Take time and think through, as a document should not be easy to oppose and it should be well thought with an effective proposal
- Focus on your punctuation. Any grammatical or vocabulary error would be a great insult to the draftsman when the opposite counsel spots an error
- While stating an evidence, make sure the annexures are organized and accurate
How Can Steno Help You Legal Draft?
MySteno is an application which can be used by anyone but in this case especially created for lawyers and laws students for voice drafting a legal document. One of its major USB is that, it reduces the time that is consumed for writing a legal draft and helps weave a seamless legal document in minutes, verbally. To know more about this web application, explore it today by following this link https://mysteno.io/ .