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This article is written by Manik Tindwani , Founder of LawFoyer in collaboration with Kushagra Upman , Founder of Prason Consulting, Legal Drafting Expert and Contract Drafting Consultant [Certified by LawSikho, Endorsed by multiple MNCs]
Legal Drafting Formats In India Free Download
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The art of creating legal documents with utmost proficiency is known as "Legal Drafting". Legal Drafting is a must-have skill for every law student, lawyer, and even judicial service officer. Without knowing Legal Drafting, practicing law can be arduous.
Major Legal Documents like Court Memorandums, applications, petitions, plaints, written statements, etc. - such documents need significant time and careful modification before placing them on record. Petty Legal Documents like Vakalatnama, RTI, Photocopy Application, Adjournment Applications etc. - such documents need very less time in comparison to Major Legal Documents and these documents can be created using some standard form templates. Specific Legal Documents like Agreements / Contracts, Deeds, Specifications filled to Patent Office, Corporate Resolutions etc. - such documents are meant for specific use cases and are governed by specific laws more than the general codes / laws. Judicial and Quasi-Judicial Legal Drafts like Arbitral Awards, Judgments, Decrees, Orders etc.
Legal Research: Legal Research refers to the process of gaining knowledge about substantive law [including grounds, rights, duties, liabilities, obligations etc.], procedural law [including limitation period, additional documents required, jurisdiction of the court, duty magistrate to file applications, civil judge to approach in civil matters, stamp duty etc.], rules & regulations, important notifications, circulars, or other sub-ordinate legislations regarding the legal document that is being drafted. For example, while drafting a standard form contract for an NBFC granting an education loan, the relevant RBI Notifications, Circulars, FAQs, Rules and Regulations related to e-KYC, Personal Data Handling, Loan Agreement Guidelines etc. are important to be read and considered while drafting the standard form contract or loan policies for that NBFC. For legal research most important sites are the following: India Code for substantive research and E-Courts for procedural research. STS (Speech Typing Softwares): Typing the entire document is a tough to type the entire legal document by yourself, especially if the typing is to be done in regional languages like Hindi etc. thus speech typing softwares can be very helpful. One of such STS can be accessed here [this is just an example, more softwares exist for specific languages that too for FREE]: -to-text-english Templates: Templates refer to pre-drafted standard formats of a legal document which help the law practitioners create the legal document in less time and with more accuracy without editing major portions of such templates. Only some customization is needed for specific use cases. 8000+ Templates are shared in this article, through the below given links. Tools: MS Word (features like Macros, Styles, References, Table of Authorities etc.), Grammarly, Zotero Citation Manager, Bib citation Add-In of MS Word, poe.com, chat.openai.com, vello.ai, Draft Bot Pro AI (Paid), and Supreme Today AI (Paid) are certainly important tools which can be used for fast and efficient drafting. Techniques: Drafting legal documents efficiently requires a systematic approach. Start by thoroughly understanding the purpose and scope of the document. Gather all relevant information, documents, and references to ensure accuracy. Use clear and concise language, avoiding ambiguity and legal jargon. Organize the document logically, with well-structured sections and headings. Consistently apply formatting, such as font, spacing, and margins, to enhance readability. Carefully proofread the document to catch any errors or inconsistencies. Utilize technology tools, such as templates and automated formatting, to streamline the drafting process. Analysis of Practical Implications: Drafting legal documents efficiently has several practical implications. It saves time and resources, allowing legal professionals to be more productive and cost-effective. Concise and well-structured documents are easier for clients to understand, leading to better communication and collaboration. Properly formatted and proofread documents reduce the risk of mistakes or ambiguities, which can have serious legal consequences. Efficient drafting also enhances the overall professionalism and credibility of the legal service provider. By adopting these techniques, law students and legal professionals can improve their productivity, client satisfaction, and overall effectiveness in the legal field. Note: Legal Documents shall be drafted such that the liability of your client is limited in the best possible manner, and in every possible situation. And, the documents shall be drafted such that the rights of your clients become easily enforceable and that too using the best possible legal recourse. Because even an ounce of vagueness can lead to hazardous legal ramifications on your clients.
A contract in execution terms, is nothing but an instrument to safeguard and promote the interests of parties. A perfect contract not only includes background & intention, obligations, consideration, rights, and remedies in the event of breach (non-performance of obligations prescribed therein), but also addresses potential or future risks associated with progressing transactions depending upon respective industry. Further, I would definitely mention that "a contract governs trust in the business world".
Language: It is the foremost element to decide whether a contract is well drafted or not. Highly recommended to Use an ambiguous and precise language throughout the contract, this makes a contract simple and transparent. Scope of Transaction: Clearly define scope and purpose of entering into the contract, including what services or goods being provided or exchanged. Obligations and terms: Set out definite obligations for each party to evade confusions while performing the contract. This part must cover all aspects to be performed such as performance standards, milestones, and roles. Consideration: There cannot be a valid contract without consideration, so it covers what each party will receive in exchange for fulfilling their obligations. Further, mention about mode of payment and amount of penalty in the event of default. Representations and warranties: These are the statements made by each party in their full and true knowledge about certain conditions or facts. Representations are assertions of past or existing facts, while warranties are promises about future performance or conditions. R & W are pivotal to build trust among parties. Rights: This covers rights such as IP, confidentiality, indemnification, limited liability, timeliness and etc. Termination: Include provisions detailing the circumstances under which the contract can be terminated, as well as the consequences or remedies available in case of breach or non-performance. Governing law and dispute resolution: The governing law clause in the contract stipulates that disputes shall be resolved through arbitration in accordance with the laws of a particular state or country. This ensures a fair and efficient resolution process to settle a dispute among parties.
You can access 8000+ FREE Legal Drafts using the following links [Note: The copyright of the legal drafts being shared is entirely vested with the original authors, organizations etc. - The links are being shared only for educational purposes on Non-Profit basis and for Non-Profit Educational purposes for Fair Use]:
Welcome to the House Office of the Legislative Counsel Guide to Legislative Drafting. The purpose of this online guide is to provide an overview of the drafting style and conventions used by the House Office of the Legislative Counsel in order to facilitate communication and collaboration between the attorneys of the Office and their clients.
Please feel free to browse the table of contents below to navigate to the relevant topics within the guide. Be sure to check back frequently, as we have many plans to continually update our guide to take increasing advantage of its online presence.
There are four different forms of legislation. Two of them (bills and joint resolutions) are used for making law, while the other two (simple resolutions and concurrent resolutions) are used for matters of congressional administration and to express nonbinding policy views. Joint resolutions are also used to propose constitutional amendments for ratification by the States.
For a bill or joint resolution to become law, section 7 of article I of the Constitution requires that it pass both houses of Congress and be presented to the President. It will become law if the President signs it, if the President vetoes it and Congress overrides the veto by a two-thirds vote, or if ten days pass without any action by the President (while Congress is in session). Simple resolutions and concurrent resolutions are not presented to the President because they do not become law. Joint resolutions proposing constitutional amendments are governed instead under article V of the Constitution, which does not require presentment to the President.
There is no legal difference between a law that originated as a bill and a law that originated as a joint resolution. Congress chooses between bills and joint resolutions using conventions that have developed over time for the subject matter involved. Bills are more common than joint resolutions, but a prominent example of a joint resolution is a resolution to make continuing appropriations beyond the end of a fiscal year when the regular appropriations bills for the next year have not been completed (a "continuing resolution" or "CR"). 152ee80cbc
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