PRINCIPLES OF LEGAL DRAFTING

ARUNA KAMMILA
ASSISTANT PROFESSOR
DSNLU
• PRACTICAL ASPECT OF LAWYER WORK
• LEGAL MEANS OF COMMUNICATION/EXPRESSION
• NOT A SCIENCE OF LAW BUT AN ART ATTAINED INDIVIDUALLY
• WITH INITIAL APTITUDE & PRACTICAL EXPERIENCE
 INCLUDES

• ENACTED LAWS- STATUTES, RULES AND REGULATIONS

• CONTRACTS- PRIVATE AND PUBLIC
• PERSONAL LEGAL DOCUMENTS-WILLS AND TRUSTS
• PUBLIC LEGAL DOCUMENTS- NOTICES AND INSTRUCTIONS
• OTHERS- LETTER WRITING, LEGAL OPINION, LEGISLATIVE DRAFTING ETC.
 REQUIREMENTS FOR THIS SKILLED JOB

• TO EXPRESS THE INTENTION OF PARTY CLEARLY AND CONCISELY IN TECHNICAL LANGUAGE

• ASCERTAIN THE NAMES, DESCRIPTION AND ADDRESS OF PARTIES TO THE INSTRUMENT
• OBTAIN PARTICULARS ABOUT ALL NECESSARY MATTERS THAT FORMS PART OF THE
INSTRUMENT
• NOTE DOWN PROVISION /ANY PARTICULAR DIRECTIONS/STIPULATIONS TO BE KEPT IN VIEW
TO BE INCORPORATED.
 GENERAL PRINCIPLES

• AS FAR AS POSSIBLE, DOCUMENTS SHOULD BE CLEAR AND READILY INTELLIGIBLE TO LAYMAN

• NEGATIVE STATEMENTS SHOULD BE GENERALLY AVOIDED
• JURIDICAL LANGUAGE SHOULD BE USED
• DIVIDE THE TEXT OF DOCUMENT PARAGRAPHS WITH RELEVANT FACTS AND SHOULD BE SELF
EXPLANATORY AND MARK WITH NOS.
•
 AVOID NEGATIVE STATEMENTS

• WRITE POSITIVELY. IF YOU CAN ACCURATELY EXPRESS AN IDEA EITHER POSITIVELY OR NEGATIVELY,
EXPRESS IT POSITIVELY.

DON'T SAY: THE GOVERNOR MAY NOT APPOINT PERSONS OTHER THAN THOSE QUALIFIED BY THE
PERSONNEL MANAGEMENT AGENCY.

SAY: THE GOVERNOR MUST APPOINT A PERSON QUALIFIED BY THE PERSONNEL MANAGEMENT
AGENCY.

A NEGATIVE STATEMENT CAN BE CLEAR. USE IT IF YOU'RE CAUTIONING THE READER.

 AVOID AMBIGUITY
• AN AMBIGUOUS SENTENCE IS A SENTENCE THAT A READER CAN INTERPRET IN TWO OR MORE WAYS. AMBIGUITY HAS AT LEAST
TWO COMMON SOURCES -- WORD ORDER AND WORD MEANING.

• WORD ORDER

THE POSITION OF WORDS IN A SENTENCE IS THE PRINCIPAL MEANS OF SHOWING THEIR RELATIONSHIP. YOU SHOULD GROUP
TOGETHER WORDS THAT ARE RELATED IN THOUGHT AND SEPARATE WORDS THAT ARE NOT RELATED. THE FOLLOWING CONVENTIONS
ADDRESS THE MOST COMMON WORD ORDER PROBLEMS.

L. AVOID MISPLACED MODIFIERS. THE CARELESS PLACEMENT OF A MODIFIER MAY RESULT IN THE SAME SENTENCE HAVING SEVERAL
MEANINGS.

DON'T SAY: JOHN SAW JANE DRIVING DOWN THE STREET.

SAY: JOHN, WHILE DRIVING DOWN THE STREET, SAW JANE.

UNLESS YOU MEAN

JOHN SAW JANE, WHO WAS DRIVING DOWN THE STREET.

• 2. AVOID INDEFINITE PRONOUNS USED AS REFERENCES. IF A PRONOUN COULD REFER TO MORE THAN ONE
PERSON OR OBJECT IN A SENTENCE, REPEAT THE NAME OF THE INDIVIDUAL OR OBJECT.

DON'T SAY: AFTER THE ADMINISTRATOR APPOINTS AN ASSISTANT, HE OR SHE SHALL SUPERVISE THE...

SAY: AFTER THE ADMINISTRATOR APPOINTS AN ASSISTANT, THE ASSISTANT SHALL SUPERVISE THE...

3. AVOID GROUPING TOGETHER TWO OR MORE PREPOSITIONAL PHRASES. A COMMON EXAMPLE OF A

PROBLEM OF WORD ORDER OCCURS WHEN TWO OR MORE PREPOSITIONAL PHRASES ARE GROUPED
TOGETHER IN A SENTENCE.

DON'T SAY: EACH SUBSCRIBER TO A NEWSPAPER IN WASHINGTON, DC.

SAY: EACH NEWSPAPER SUBSCRIBER WHO LIVES IN WASHINGTON, DC.

UNLESS YOU MEAN

EACH SUBSCRIBER TO A NEWSPAPER PUBLISHED IN WASHINGTON, DC.

 AFFIDAVIT
• AN AFFIDAVIT IS A WRITTEN STATEMENT THAT CONTAINS
IMPORTANT FACTS YOU WANT THE COURT TO KNOW ABOUT.
PRESENTED AS AN EVIDENCE
• CONTAINS FACTS THAT YOU SWEAR UNDER OATH OR AFFIRM TO
BE TRUE
• BEFORE AN AUTHORISED COMMISSIONER FOR TAKING AFFIDAVITS,
A NOTARY PUBLIC OR A LAWYER.
 A GOOD AFFIDAVIT
• AFFIDAVIT AND DOCUMENTS ATTACHED TO THE AFFIDAVIT MUST BE RELEVANT TO THE MATTER
BEFORE THE COURT
• SHOULD SET OUT FACTS BUT NOT OPINIONS EXCEPT IF THEY ARE EXPERT’S OPINIONS
• MAKE IT AS SIMPLE AS POSSIBLE
• ORGANISED IN CHRONOLOGICAL ORDER
• DATES, AGE, SALARY TO BE SPECIFIC
• SHORTER SENTENCES OR BREAK LONG SENTENCES INTO TWO IF REQUIRED.
• RELEVANT FACTS IN NUMBERED PARAGRAPHS
• USAGE OF FIRST PERSON
• NUMBERED AND AVOID VAGUE STATEMENTS.