IMPORTANCE OF LEGAL DRAFTING SKILLS , Essays (university) of Policy analysis

Download IMPORTANCE OF LEGAL DRAFTING SKILLS and more Essays (university) Policy analysis in PDF only on Docsity! Advanced Course on Mooting Skills (Module 1C) The LAW Learners thelawlearners.com Page 1 MODULE 1[C]: IMPORTANCE OF LEGAL DRAFTING SKILLS To say it in the simplest form, the skill of drafting is one’s ability to express one’s thought process in writing. Probably no other profession demands this ability more than the legal profession. A good lawyer is one who can express his client’s case most effectively by way of spoken or written words. Legal knowledge and acumen to translate that knowledge into worlds are a lawyer’s greatest assets. Legal drafting is the most important instrument of legal communication. The skill to draft well is the skill to think and communicate well. Therefore, it is important to recognize the purpose that a legal document has to serve. A legal document must be drafted in a way that it categorically specifies the legal issue, statements of the client and the remedies sought if any. It is important for a lawyer to possess good drafting skills so that he is able to identify who his target audience is and who is going to read the document. The content, laws, case laws mentioned should be in coherence with the arguments and should be understood by the person the document is intended for. For example: A legal notice send to another party must not be filled with complex legal terms which a layman won’t understand and therefore would be at a disadvantage to understand the legal issues and remedies sought from him. Therefore, drafting skills enable the lawyer to draft a document in a way which doesn’t contain such complex terms but is still effective and serves the purpose of the document so that the opposite party can comprehend the given issue. A legal document with unnecessarily complicated terms loses its essence as its purpose becomes unclear. Advanced Course on Mooting Skills (Module 1C) The LAW Learners thelawlearners.com Page 2 Drafting skills are also important because they ensure that the document/agreement has a proper structure and a proper flow and that no statements are repeated; without this the document seems unprofessional and would lack a certain value. A document should be free from such errors and must be authentic and original. A lawyer must write in a clear and concise manner. If a lawyer’s writing is ambiguous or vague, it can lead to multiple interpretations, which is a kind of self-goal for her client. The difference for the client could be as drastic as jail or bail. Writing skills play a major role in the drafting of commercial agreements – negotiating skills are no less important but if you articulate and draft well, it leaves less scope for the other party to come up with any objections or counter your position. A succinctly drafted document clearly expresses its purpose and applicability. Possessing such skills at an early age enables the individual to draft authentic documents rather than copy-pasting it from a given format and adds a certain originality to the document, which is always appreciated by a client. It is important that every document drafted by a lawyer is free of plagiarism or unverified, unauthentic content. Each statement made must be supported by a case law, precedent or statute. A lawyer who possesses these legal drafting skills is able to build a strong legal practice in whichever legal domain he practices and also helps the individual in securing a job because every firm looks for an individual who will help them make their job easier, who will take the initiative and draft effective, original and crisp documents where every argument is supported with a case law and maintaining a proper flow and coherence among the arguments. Possessing such skills at an early age, most certainly helps the individual gain a head-start among the other students in his/her batch. HOW TO DEVELOP DRAFTING SKILLS