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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
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
Do not use the double negative
- Chronology
- Logic (cause and effect)
- Problems/Solutions
- Actor’s actions
- Witnesses’ observations
- Issue
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 |
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