legal drafting

Legal drafting covers three broad kinds of work: pleadings (plaints, written statements, petitions, applications), conveyancing (sale deeds, leases, mortgages, wills, partnership deeds, powers of attorney) and legislative drafting. The aim is a document that states exactly what is intended, leaves no room for unwanted interpretation and complies with the law on form, stamp duty and registration.

Good drafting uses short sentences, consistent defined terms, plain words and a logical order: parties, recitals, operative part, covenants, schedules and execution clause. Under the CPC, pleadings must state material facts concisely, not evidence or law. KSLU students study it as a compulsory clinical paper.

Example

In legal drafting, use one term for the property throughout the sale deed and describe it fully in the schedule.

In Indian law

• Order VI, Code of Civil Procedure, 1908 (pleadings generally)

See also

deed · pleadings · recital · habendum

Read more in the study notes

• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
• Arbitration agreement and its drafting (Alternative Dispute Resolution Systems)
• Communication: meaning, history, objectives and importance (Business Communications)
• Business communication: need, errors and barriers (Business Communications)
• Notices, announcements, memos and press releases (Business Communications)
• Drafting a memorandum of understanding, petitions and PIL (Business Communications)