Assignment on fundamentals of legal drafting
Tittle of course: Law of drafting, pleading and conveyancing
Course code: LL.B 705
Submitted to
Shahriar Kabir
District and sessions judge
Submitted by
Name: kawsar Ahmed
I’d: 1912906011
Batch: LL.B 29
Introduction:
“Legal” documents seek to effectively account for the facts and law that can impact the parties
to a document. The lawyer's role in “drafting” a legal document is to ensure they identify all the
relevant facts and law and then apply them to prepare a document that accomplishes their client's
goals.
Conveyance and Drafting:
Conveyancing is an art of drafting deeds and documents e.g. sale deed, mortgage deed, lease
deed, gift deed, promissory note etc. whereby any right, title or interest in an immovable
property is transferred from one person to another. Conveyancing is an art based on law or legal
principles evolved over years. The accomplishment of the objectives of Conveyancing cannot be
possible without a thorough knowledge and understanding of legal provisions obtaining on the
subject matter.
Definition of conveyance:
Section-2 (10) of the Stamp Act, 1899 states that “conveyance” includes a conveyance on sale
and every instrument by which property, whether movable or immovable, is transferred inter
vivos and which is not otherwise specifically provided for by Schedule.
Conveyance in the context of section 2 (xxiv) of the Gift Tax Act, 1958 (now repealed) means
transfer of ownership. Conveyancing has been practiced as a fine art in England by a class of
trained lawyers who have specialized as conveyancers after intensive study of the law relating to
contracts and real property. In Bangladesh it is in the hands of scribes i.e. deed writers. The
Registration Act also admits the tradition and authorizes the Inspector-general of Registration to
make rules for that purpose under section 80 G
The terms ‘Conveyancing’ and ‘drafting’ are not inter-changeable. Conveyancing is restricted to
documents or instruments or deeds concerned with the transfer of property whereas ‘drafting’
carries a general meaning of preparing all types of legal documents used in courts and
commercial purposes. Pleading is another terms that is applicable for filing a petition or answer
to that petition before the court known as plaint and written statements.
MEANING OF DRAFTING
Legal drafting means composition and preparation of legal documents. Drafting needs special
knowledge and skill. Drafting of legal documents can be divided into two categories: noncontentious and contentious. Contentious documents are those prepared as a part of litigation.
Non-contentious documents are all other legal documents of which Conveyancing covers the
major part. It is an art which can be gained only by continuous practice. In a legal field “The act
of writing legal documents” is known as drafting. The main feature is to represent all the relevant
statements and issues. In the field of litigation, an advocate must have proper skills and patience
for drafting. The main aim of drafting is to give accuracy and true statements.
The essence of drafting includes- (i) law, (ii) effect, and (iii) language.
The process of drafting Involves three drafts which are as follows:
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*The first draft focuses on the facts should be properly mentioned. |
*The second draft works on the first draft’s language correction in a proper form.
° the final draft gives an authenticated finish of the legal document to convince the
concerned
WHAT IS DRAFT?
It is generally a précis document which gives all the necessary details about a case. It is called a
rough document which is prepared by the lawyers and after that, a final touch needs to prepare
the Draft. There are two types of terminology in making a draft i.e.
DRAFTSMAN: He is a person who makes the documents like mortgage deed, lease deed etc. e
DRAGOMAN: He is a person translate the whole summary of the judgements.
PURPOSE OF DRAFTING:
The basic purpose of drafting is to provide ideas and proper information. Its main aim is to
provide clear and concise data which can be easily understood by the clients and can satisfy the
wants of them. An advocate must not forget that there is always a motive or objective behind
every text.
Types of drafting
1.Contentious e.g. Pleadings and other Court Procedure
2.Non-Contentious is of four types•
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General Deeds and Documents;
Commercial Deeds and Documents;
Organizational Deeds and Documents;
Property Deeds and Documents;
IMPORTANCE OF LEGAL DOCUMENT:
In a Law field drafting is one of an integral part which an advocate must know and he should be
an expert in making a draft. We cannot expect everyone to be perfect in drafting but the more
and more practice gives more and more knowledge to them. Firstly, everyone should understand
the law and facts about the case.As we see that the young generation is now suffering from poor
drafting and this is because of lack of training given in the colleges. Many senior advocates gave
training to the juniors so that they can learn to draft in a well-mannered way and can know about
the basic principles of drafting.
WHAT PRINCIPLES GOVERN DRAFTING?
It generally includes four principles which are:
1. Form a Satisfactory Outline
Outline of a document is like a skeleton of body. Just like to complete a body we have to make
every parts of body properly and in sequence, somewhere large and somewhere small as per the
requirement. The good skeleton have good body gestures. In that way, now think of drafting of
document, you have to make a good outline, which will be divided in different paragraphs with
different size as per the content in it, facts organized chronologically and systematically
including all the relevant and connecting facts and circumstances having unity in them. Brief of
these points are mentioned herein;
a. Detailed as much possible but not vague
b. Relevant content with unity, organized chronologically.
c. Each paragraph completes itself.
2. Arrange the facts
Before writing down the points, know all the facts and circumstances and related content. Refine
in your mind what to relevant or not relevant. Now with all relevant points connects the facts in
sequence. In that sequence write logically in paragraphs which should be connected with each
other properly. Chronological sequence and logic both should be applied properly. Your draft
should specific, brief and clear in itself. Your presented idea should be uniform and consistent.
3. Style and Language
Style and Language is that means of Transmission of ideas which make more reliable content.
Keep simple and systemic style and easy language. This will boost the drafted ideas. For good
style and language following points should be kept in mind while drafting that are as mentioned
herein;
a. Remove inappropriate jargon
b. Use simple and faultless language
c. use legal terms to make precise
d. Word should be used different for different meaning, that is, not having more than one
meaning.
e. Clear, factual and incisiveness.
4. Physical Appearance of a drafted document.
Physical appearance of a document includes, size of paper, the margin you follow, line spacing,
numbers, alphabets, Romans used for sequence of content. This should be used in Standard
manner.
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THERE ARE SOME OTHER PHYSICAL CHARACTERISTICS WHICH INCLUDE:
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Each page should be numbered.
Starting text should be in roman numbers and the main text in Arabic.
in the upper right corner, the pages should appear.
The format of the text should be double-spaced.
The sheets should be tied jointly.
RULES OF DRAFTING:
There are various rules of drafting which are mentioned below:
A frame of a draft should be made before finalizing it.
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No facts should be deleted.
Avoid negative statements.
Simple language and it must be accurate.
Proper attention is needed in translating any case or matter.
It should be divided into paragraph forms and each contains a major point. E It should be made
with competent skills to understand all the mentioned details. E Before presenting a draft it
should be read one or two times.
THE QUALITY OF WORDS REQUIRED TO BE USED:
Before making any draft everyone has to keep in their mind that the matter of the draft should be
worth of quality but not the quantity.
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The words must be in the same manner.
The active voice must be preferred with respect to passive voice.
Do not use the word ‘that’ in starting.
DO’S AND DON’TS:
DO’S: There are some factors which should be kept in mind before making a draft namely:
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For enhancing the worth of the draft there should be concise Matter and the collective
words Should be writing as a one.
Sentences should be short.
The whole idea must be described in a brief manner.
Right words should be chosen.
There must be a motive.
Make a frame.
DON’T’S:
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Avoid repetitions.
No mistakes in typing.
Avoid similar words which have the same meaning.
CONCLUSION:
Therefore, it can be concluded that drafting is an art which should be known by every writer. An
advocate should always keep in his mind that the language used should be precise and simple
which Can be easily understood by the clients or any other person. The words used should be
actionable so that the judges can easily be convinced (if the matter in legal draft will be
impressive).