Lawyersera: How to draft a plaint or written statement for a civil suit

Saturday, November 14, 2020

How to draft a plaint or written statement for a civil suit

For the drafting of pleading, must have some different skills which are not taught at college, basic of drafting has been given in LLB paper but advanced drafting skills are required to be a good lawyer,   

The general meaning of “Pleading” is  a plaints or written statement, every pleading contains only  statements, and such statements must be in the concise form of material facts on which a party relies on his claim or defense as the case may be but it need not contain evidence by which they are to be proved.

This is a very important part of an advocate whose duty is to draft the pleadings of a plaint or written statement with the utmost care and caution and which forms the basis of the claim,

In case  of incorrect pleading, the suit is liable to be dismissed or it may lead to unnecessary amendment causing a delay in procedure.

For a junior lawyer or passed out student of LLB, it is always advisable to get the proper knowledge of drafting of plaints. See the plaints which are  drafted by a senior and experienced civil lawyer and it is always better to check the defects of plants, remove grammar or spelling error if any, remove unnecessary lines which are not material facts much prior to the hearing.    

It is also advisable for the junior lawyer to go through similar nature of cases decided by different Court of different states

What is good “legal drafting”?

Good writing is simply speech heightened and polished. Good writing is clear thinking madeVisible.” Good drafting satisfies the needs and desires of the petitioner and respondent. Good legal drafting helps the court to make important decisions

What are the qualities of good legal writing?

There are four qualities of good legal writing

  • Clear
  • Concise
  • Engaging
  • Elegant

Why good legal drafting is important?

Drafting is a skill of the legal profession.  Good drafting represents as you are a dignified lawyer and disciplined thinking. A good drafting skill helps you to do your job better and light in your advanced career.

What is important in drafting?

Drafting must be in an organized way, The court granted the defendant’s motion to dismiss for several reasons, including poor organization, stating. Organize material to serve the reader's needs 

Do and Don't in Drafting

  1. Use introductory paragraph
  2. Use transitional phrases between paragraphs (e.g., “however”)
  3. Begin each paragraph with a topic sentence
  4. Limit each paragraph to one topic
  5. Summarize message with concluding sentence or paragraph
  6. Break up lengthy documents by using short headings and subheading, short, numbered lists, bullets, table of content
  7. State general rule first, then exceptions, conditions, and specialized information
    Put context first, then details
  8. Use familiar, concrete words
  9. Organize material by using one of these methods
  • Chronology
  • Logic (cause and effect)
  • Problems/Solutions
  • Actor’s actions
  • Witnesses’ observations
  • Issue
Do not use the double negative
  • “There are” “It is”
  • “As stated previously,” “I might add”
  • “It should be noted that”
  • Replace "There are kids playing in the ground" with "Kids play in the ground."
  • “I would like to point out that” “I would argue that” “the fact that” “In fact” “the course of”
  • “It has been determined that”

Eliminate unneeded words

Don’t Use

Use

at this point in time

Now

despite the fact that

Although

for the duration of

during

in the event that

if

in accordance with

by, under, per

in order that

for, so

in the amount of

for

in the near future

shortly, soon

utilize, utilization

use

the manner in which

how

no fewer than

at least

has not yet attained

is under

is not…unless

is…only if

not uncommon

common

not insignificant

significant

no small part

large part


Drafting Classes

We provide online coaching classes for drafting, in which we cover almost all types of drafts with a nominal charge of 5000.

for more details, please contact us at 8800524507 

NOTICES Drafting
AFFIDAVIT Drafting
Agreement Drafting
Apartment Sales Drafting
Compromise Drafting
Bail Drafting
Bonds Drafting
CIVIL PLEADINGS Drafting
COMPANY Drafting
INJUNCTIONS Drafting
INSOLVENCY Drafting
MAINTENANCE Drafting
MARRIAGE Drafting
MOTOR ACCIDENT CLAIM Drafting
NEGOTIABLE INSTRUMENTS Drafting
PARTITION Drafting
PARTNERSHIP Drafting
PATENTS Drafting
POWERS OF ATTORNEY Drafting
RELEASE Drafting
RENT Drafting
WILLS Drafting
Cyber Law Drafting
HINDU MARRIAGE ACT Drafting
Consumer Drafting
CO-OPERATIVE SOCIETY Drafting
DISHONOUR OF CHEQUE Drafting
DIVORCE-NUILTY OF MARRIAGE AND JUDICIAL
SEPERATION Drafting
MORTGAGE Drafting
REPLY to Notice


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