Legal Drafting - Tips and Benefits

Lawyers and drafting cannot be separated from each other. Words are only tools that all legal practitioners possess and play with to maximise their clients’ interests.  Therefore, the importance of a high level of proficiency in drafting in a legal practitioner's career cannot be underscored.

Let us discuss some reasons:

1. Clarity in communication. The underlying objective behind Legal drafting is to convert complex legal concepts into clear and understandable language. Well-drafted documents, such as contracts, pleadings, and legal opinions, ensure that respective intentions, rights and obligations of parties involved in any proceedings, negotiations or contracts are accurately reflected. Clear communication helps in minimising confusion, conflicts, and disputes.

2. Enforceability. Accurate and precise drafting is crucial to ensure that legal documents comply with applicable legal requirements and consequentially are legally enforceable. Every word, phrase, and punctuation mark in a legal document carries significant legal consequences. Drafting documents with precision helps lawyers protect their clients' interests and avoid legal pitfalls.

3. Client satisfaction. Clients rely on legal practitioners to provide accurate and effective legal advice and representation. Well-drafted documents build client confidence and trust in their lawyers' abilities. Clients are more likely to be satisfied when the documents they receive are well-drafted, clearly outlining their rights, obligations, and protecting their interests.

4. Efficiency. Good drafting can help reducing the time and expenses associated with legal proceedings quite significantly. Clarity in legal documents reduces the chances of interpretation disputes and the need for litigation. Well-drafted contracts can prevent future conflicts or time consuming, costly renegotiations.

5. Persuasion. Legal drafting is not limited to transactional documents; it also includes drafting persuasive legal arguments, motions, and briefs. Compelling written advocacy can significantly influence judges, arbitrators, and other decision-makers. Effective drafting skills can make a difference in the outcome of a case.

6. Compliance and risk management. Many legal documents, such as contracts, policies, and regulations, serve as tools for compliance and risk management. Drafting these documents with a thorough understanding of the applicable laws and regulations helps clients and organizations navigate legal complexities, minimise risks, and ensure compliance with legal obligations.

7. Repute. A lawyer's reputation is often influenced by drafting skills. Effective legal drafting reflects competence, attention to detail, and professionalism. Well-drafted documents can enhance your credibility and reputation among clients, colleagues, authorities and the judiciary.

All good. But how does one go about improving legal drafting skills? Some suggestions:

1. Read, Read, Read. Read, examine and analyse well-drafted legal documents, such as contracts, pleadings, and agreements. Pay attention to their structure, language, formatting, and use of legal terminology.

2. Be resourceful. There are numerous books, online resources, and online / offline courses and workshops specifically focused on legal drafting. Invest time in learning the fundamentals of effective legal writing and drafting techniques.

3. Understand the context and purpose. Before drafting any legal document, make sure you have a clear understanding of its purpose, context, and target audience. Tailor your writing style to suit the particular document and its intended use.

4. Organize thoughts, create outline. Commence by outlining the main points, headings, and subheadings of your document. This will help you organize your thoughts and ensure a logical flow of information.

5. Use clear, concise language. Keep your writing clear, concise, and free from unnecessary legalese and jargon. Use simple and precise words to convey your message effectively. Avoid overly complex sentence structures that may confuse readers. Small sentences and paragraphs, splitting different points in sub-sections help in this regard.

6. Follow rules. Acquaint yourself with drafting rules, if applicable, specific to the court, institution, etc. Be aware of the required formatting, citation style, and other legal writing norms.

7. Proofread and edit. Review and revise your draft to eliminate spelling and grammatical errors, ensure consistency, and improve clarity. Seek feedback from colleagues or mentors to gain different perspectives on your work, if possible.

8. Stay updated. Keep up to date with current legal developments, changes in legislation, and recent case law. Incorporate relevant changes into your drafting to maintain accuracy and ensure compliance with the law.

9. Learn from experience. Drafting is an experiential learning. Actively keep seeking feedback on your drafts from clients, experienced professionals or seniors in your organisation. Constructive criticism can help you identify areas for improvement and fine-tune your skills.

10. Practice, practice, practice. There is no substitute to practice. Like any other skill, legal drafting improves with practice. Engage in regular writing exercises, take on drafting assignments, and continually keep challenging yourself to improve your skills bit by bit, day by day. Be patient and give it time.

Best of luck.