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LEGAL
DRAFTING
COURSE

MODULE I
INTRODUCTION TO
LEGAL WRITING

STUDY MATERIAL

Course
An initiative by
Instructor
MS. CHHAYA
Human Hands Together
BHARDWAJ
Lecturer

Jindal Global Law School

 PROF. CHHAYA BHARDWAJ
United Nations Fellow

Lecturer, Jindal Global Law School

Chhaya Bhardwaj is a United Nations trained

international lawyer. Apart from public
international law, her research focuses on
Environmental Law, Information Laws and
International Dispute Settlement
Mechanism.
She completed her B.A., LL.B. from Lloyd Law College. in 2015. Thereafter, she
was selected as an International Scholar at Environmental Law Center, Vermont
Law School to pursue her LL.M. in environmental laws. After completing her LL.M.,
she joined Lloyd Law College as an Assistant Professor where she started
Environmental Law Center and served as its Assistant Director. In 2018, she
assisted Mr. Dire Tladi at United Nations International Law Commission.

She has received various awards like the United Nations Fellowship (2017) to
attend the Regional Course in International Law, Asia-Pacific. In 2018, she was
awarded with the Local Pathways Fellowship by United Nations Sustainable
Development Solutions Network for her work in environmental education and
youth empowerment. In 2019, she was awarded with Junior Scholars’
Scholarship by Asian Society of International Law to attend the 7th AsianSIL
Biennial Conference on International Law. She has received Best Research Paper
award from institutions like the Law Commission of India for her research in
environmental and international law.

MODULE I
INTRODUCTION TO LEGAL WRITING
htiw noitiacossa ni

LEGAL An initiative by

DRAFTING Human Hands Together

COURSE
HumanHandsTogether.com/legaldrafting
 MS. ANIMA SHUKLA
Associate,

Saikrishna and Associates

She obtained degree in Law from Amity

Law School, Delhi, GGSIP University. She
is an associate at Saikrishna & Associate which is a Tier-1 full
service firm. Her abilities as an active mooter and debater in her
college days have helped the firm in assisting its clients. She has
assisted clients in various sectors including ports, power, real
estate, telecommunication, print media, broadcast media, e-
commerce, FMCG, telecommunication technology etc.

She  holds specialisation in Antitrust law, Intellectual Property

Laws, International Investment & commercial laws, legal
compliance. She also has her hands in regulatory & advisory
pertaining to various sectors such as Technology, Entertainment,
Retail, Manufacturing, Health care, power, Liquor & brewing etc.

MODULE 1
INTRODUCTION TO LEGAL WRITING
htiw noitiacossa ni

LEGAL An initiative by

DRAFTING Human Hands Together

COURSE
HumanHandsTogether.com/legaldrafting
 HUMAN HANDS TOGETHER

CONTENTS OF THE MODULE

MODULE-1: INTRODUCTION TO LEGAL Page No.

WRITING AND CONTENT OF THE COURSE
 Introduction 2-3

 What are the objectives of legal writing? 3

 What are the commonalities of legal 4

writing?

 Categories/Types of Legal Writing 4

 Within Law School  Academic Legal 5-20

Writing - e.g.
contracts,
drafts, briefs,
petitions,
research papers,
etc.
 Outside Law School Legal Writing 21

 Predictive Legal Analysis 21-23

 Persuasive Legal Analysis 23-25

 Legal Drafting 25-26

 Evaluation Test Online

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INTRODUCTION

Legal writing in India is different because Indians are at least bi-lingual, law
students do not take legal writing seriously and it is not the most thought
about skill in law. Legal writing is a way of communication in order to fit in
the requirements of targeted audience. It is also different from a normal form
of communication because it is formal, structured and conscious mode of
writing, with a clear objective to avoid ambiguity. Another important objective
of legal writing is to be precise, accurate and brief.

[1.1.] Introduction to legal writing and content of the course.

This course will allow you to identify the important pieces of legal writing and
to put together these important pieces in words clearly, precisely and briefly.
This course begins with identifying the kinds of legal writing and then moves
towards the foundational aspects of legal writing. It will further contain
foundations of legal writing and allow you to develop clarity, brevity and
precision. Further, this course will allow you how to develop simple but
powerful sentences in order to be concise and legally correct. While developing
these skills, the course emphasizes on self-awareness and self-assessment by
indulging into self-assessment tools.

[1.2.] Self-Assessment Quiz.

This quiz will allow you to understand your present understanding and skill
of legal writing.

Exercise 1- Kindly put the following facts together, in order to include them
in a part of legal document-

1. Kamal is 30 years old and Kamala is 29 years old.

2. They are married to each other for seven years.
3. They go out together to spend quality time with each other every
weekend.

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4. They were having dinner at the Bigger Burgerz, New Delhi on 13th July,
2010.
5. Kamala ate one burger at Bigger Burgerz and started vomiting.
6. After a couple minutes, she became unconscious and fainted.
7. She was hospitalized as a result of the incident.

After you have arranged these facts together, kindly answer the following
questions-

Q. 1 What is the most important information in the abovementioned set of

facts?

Q. 2 What other information is important?

Q. 3 Is the date important?

The most important information is “Kamala ate at Bigger Burgerz and started
vomiting.”

The other important information and perhaps, equally important information

is “Kamala was hospitalized.”

The date is important, but it is not the most important information.

One of the most precise and clear way to arrange the abovementioned facts
is-

On 13th July, 2010, Kamala 29-year-old women ate at Bigger Burgerz, New
Delhi and started vomiting. Later, she was hospitalized as a result of this
incident.

[1.3.] What are the objectives of Legal Writing?

Legal writing is a documented form of expression by a lawyer, law student

and practitioners. Generally, the objective of legal writing is to make legal
expression easy and understandable, while using the statutes, cases and
other evidence-based analysis. In addition to this, it becomes inevitable that
the evidences must be cited properly using a uniform method of citation. Legal

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writing is an inclusive legal skill which is aimed at honing not only the writing
skills, but reading, analytical and synthesis skills as well.

[1.4] What are Commonalities of Legal Writing?

Legal writing is known by various names like contract drafting, brief writing,
memorandums. However, all categories of legal writing are linked through
the following three commonalities:
1. Simplicity

2. IRAC (Issue, Rule, Application, Conclusion)

3. Free from ambiguity.

Whenever you proceed with any forms of legal writing you should make sure
that it should be simple to understand and it should be written keeping the
audience in mind. A standard method of IRAC should be used in the same
and the work should be free from ambiguity as it brings brevity and clarity.

[1.5.] Types of Legal Writing.

Legal writings in broad sense refer to the analysis of fact patterns and
presentations of arguments in legal memos and briefs. Certain positions might
entail the drafting of predictive memos, which anticipate the arguments of
opposing counsel. Even other positions may require you to research a legal
question, analysis of relevant legal precedents.

Legal writing can be broadly categorized in two categories. First is within law
school writing or Academic Legal Writing that deals with contract drafting,
plaint drafting, petitions drafting, research paper drafting, etc. Another major
categorization is outside law school writing which broadly deals with three
perspectives which are Predictive Legal Analysis, Persuasive Legal Analysis
and last is Legal drafting.

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[1.5.1] Within Law School - Academic Legal Writing - e.g. contracts, drafts,
briefs, petitions, research papers, etc.

Academic legal writing has very vast dimension the importance of

accomplished writing begins very early in legal careers, with the acquisition
and refinement of writing skills a key element in the education of law students
and junior attorneys. There are various opportunities for law students which
need a thoughtful, convincing and well-written personal statement which can
set you apart from other applicants and also serve as a demonstration of your
ability to synthesize complex information into persuasive and compelling
arguments.

This is an ability that will prove necessary in every law students’ future career.
Once you are accepted into any of these opportunities, you will need to write
essays and assignments and in some cases a dissertation or thesis, which will
place new and challenging demands on your writing skills. Also, while in law
schools and while interning with various institutions such as law firms, LPO’s
there are plethora of writing works which a law student needs to do such as
contracts, drafts, briefs, petitions, research papers, etc.

 CONTRACT DRAFTING

A contract is an agreement between two or more persons, creating an

obligation upon them to fulfill or not to fulfill some duties laid down
specifically in the agreement. This agreement creates a legal relationship of

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rights and duties on the parties and if these obligations in the agreement are
not fulfilled then stringent action could be taken by the courts on the party.
The Indian Contract Act, 1872 codifies the way we enter into a contract,
execute a contract, implement provisions of a contract and effects of breach
of a contract.

There are essentially six elements of a contract that make it a legal and
binding document. In order for a contract to be enforceable, it must contain:

1. An OFFER that specifically details 2. ACCEPTANCE, which is the

exactly what will be provided. agreement by the other party to the offer
presented

3. CONSIDERATION, money or
something of interest being exchanged 4. CAPACITY of parties in terms of age
between the parties. However, there are and mental capacity.
several instances when a court will declare
a contract unenforceable because
consideration was lacking:
• When one party is already legally bound 5. THE INTENT of both parties to carry
to perform, out their promise.
• When consideration is more like a gift,
• When consideration is made as a result of
a past event, or 6. LEGALLY ENFORCEABLE terms
and conditions, also called object of the
• When consideration is based on an
contract.
illusory promise

Drafting a contract in a layman’s term is writing out the terms and details
of the contract/agreement, so that those that sign the contract (parties to
contract) can fully understand the terms of the agreement. A contract can
be drafted by anyone, but for a secure and reliable contract it is important
to have it drafted by a lawyer. Contracts can be written, oral, or implied
also. However, it is always preferable to enter into written contracts as it is
always difficult to prove the terms of an oral or implied contract than those
of a written one.

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BENEFITS OF HAVING A WRITTEN

CONTRACT ARE:

With an oral
The process of contract, the
writing down the parties may have
contract’s terms different Some types of If you have to go
and signing the recollections of contracts must be to court to
contract forces what they agreed in writing to be enforce a contract
both parties to on (just as two enforced. The or get damages, a
think about and be witnesses to a car Indian Copyright written contract
precise about the accident will Act, 1957 will mean less
obligations they are disagree over requires a dispute about the
undertaking. With what happened). copyright contract’s terms
an oral contract, it A written assignment or as the burden of
is too easy for both agreement exclusive license proof lies with
parties to say “yes” eliminates to be in writing. you.
and then have disputes over
who promised
second thoughts.
what.

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Elements of a precise contract: -

1. It should be accurate, meaning it should correctly express the deal.

2. It should be complete, meaning in it all possibilities should be addressed.
3. It should be exact, meaning that it should lack both vagueness and
ambiguity.
4. It should be able to withstand hostile, critical review. After the contract is
executed, the next thorough review of its provisions is likely to be someone
trying to breach the contract or sue over the transaction.

DRAFTS:

A draft is a preliminary version of a piece of writing. It is the most important

piece of writing as it is the first set of writings on any topic by an individual.
A draft is the raw idea that the person had of the topic on which he will be
performing further research. It is a form of write up which contains the actual
ideas and intentions of the author and is not something in a developed form.
A draft is always written before carrying out the required or reasonable
amount of research on any topic. A good draft contains simple, clear and
appropriate words. The draft should not be too complex or too long. A good
draft is always something small in size, powerful and expressive in nature.
BRIEFS:

Case briefing is a tool used by Law Students in their law school, its purpose
is to have students identifying the rules of law found in court cases and
analyze how courts apply these rules of law to the facts of a case in an
objective and rational manner. Case briefing needs analytic skills and
heightens understanding of the role of courts in defining, interpreting, and
applying law. This appendix explains one way to brief cases. There are no
standards for case briefing, but the structure below is common and will serve
you well, both in studying the law now and in using the law in the future.

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Elements of Case Brief:

Brief is primarily a self-schooling tool; hence it should be structured in a way

that it should cater your own needs. Also, a ‘brief’ should be ‘brief’! A long
brief eliminates the most important role of a brief, making its essence dilute.

There are several basic components of a brief present in almost all brief style.
But there is a standard form: -

Facts

Issues

Holding

Rationale
Purpose of Briefs: -

 Allows an easier review of an area of law. Since each brief includes a

simplification of a complex and long document.
 It helps us find out the principle of law which a case set forth.

Facts: -

Most important part of any brief is fats. State the facts of the case in your own
words. Indicate which facts are important and on which the issues are laid
down. Do not just repeat the judge’s words. At times a sign of how well you
understand a particular is your ability to identify the relative importance of

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facts. Some cases may have many extraneous facts that do not need to be in
your brief. Most certainly, some facts will be more important than others. Your
task is to frame the problem by describing the facts that count, the ones that
matter.

Issues: -

Issue spotting is the skill of recognizing in the facts a pattern that implies a
certain type of issue. For instance, facts that describe two people both
claiming ownership rights over a chair should spotlight an issue of ownership
of personal property. In reading cases, often the parties and the court do this
work for you. Ask yourself what legal questions are posed by the appealing
party. The appealing party is alleging that an error of law was made. What is
that error? What question is the court answering? Sometimes a court will see
the issue differently than the parties and present a different twist on the issue.
State the issue cleanly and crisply. Avoid stating it in technical or procedural
terms. Some believe that beginning your issue statement with “Whether” will
allow you to focus your statement.

Holding: -
It is the most important part of a brief which includes several questions, like
what is the ruling by the court? who won? This element should be written
while answering the above questions. You must understand the procedural
setting enough to know what happens as a result of the decision. For instance,
if the court rules “in favor of the appellants,” what does this mean? More
importantly, you need to find the holding on the issue itself. How did the court
decide the issue? What rule of law is provided by the case? It should also
include understanding the rule behind holding a particular case.

Rationale: -
All the sections of the brief should not necessarily be evenly distributed.
Generally, the rationale section is the longest section. In the rationale section
you explain why the court ruled the way that it did. This means that you need

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to describe the court’s reasoning, sometimes even quoting the court’s choice
of words. You also must explain which facts the court depended upon and
which ones it discounted or ignored. You should also note what prior decisions
it looked at and whether it chose to follow them, overrule them, or differentiate
them. The court might also interpret or cite particular statutes or other laws
in reaching its decision. Finally, notice whether the court relies upon public
policy to reach its decision.

PETITIONS

To be precise a petition is a request to do something, most commonly

addressed to a government official or public entity. In broad sense, a petition
is a document addressed to some official and signed by numerous individuals.
A petition may be oral written or may be transmitted via the Internet. There
are various things which should be kept in mind while drafting a petition:

Gather Information

•Before beginning with any petition the drafter should collect all the necessary
information to strengthen your case. A sound information is necessary for a
sound argument. Visit libraries, talk with experts, watch related video, listen to
audio, search the internet etc. This information will form the background of your
petition. Prepare a list of individuals and authorities to whom your petition will
address.

Analyze your Petition

•While searching the about the information for your petition, you will realize the
relevance or irrelevance of your petition. It is here that you need to decide if your
petition is justified? And if it so, is it reasonable in eyes of the others? Can you
convince others? Is your goal achievable? This is important because your
decision requires conviction. If you are not convinced enough, you cannot
convince others.

Plan it out

•Certain issues need an immediate attention as compared to others. Calculate the

best time for the petition to be sent so that it receives a required reception.
Untimely petitions may not draw as much attention as carefully planned
ones. So update yourself with the situation and arrange accordingly.

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How to start a Petition letter

Effective Title – A petition with an effective title is the first and foremost attempt to
make an impression on the recipient. It is the first thing that will be looked at and it is
the first thing you should work on.

Some of the Petition Letter Titles:

1. Sign Here to Stop Circus Cruelty!

2. Pledge to Help End Cruelty in Circuses
3. Kick the Bucket! Sign Pink’s Petition against KFC

Follow the Format – After the title, there are certain formal structures which are to be
included. These are - Current Date, Recipients Name, Recipients Address and Salutation.
Please refer to the petition letter format and template for further assistance.

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Opening Statement – Influence the recipient in the opening itself. Your title has to
be sustained by an appropriate opening statement. The initial sentences should state
the purpose of the letter clearly. You can start with a simple request or state the issue
with an appealing request. You can use quotes or phrases towards this effect. It can be
emotional charged statement, a factual one or a mix of both.

Some of the wordings can be:

1. Even the Lord seems to have no answer.
2. Denied to the deserving.
3. It is unlike any humane society.

Drafting – Before starting drafting use the information of the outline and divide into
short paragraphs. Since it is a draft write whatever comes in your mind irrespective of
grammar, paragraph structure, punctuation, spelling etc. sentence and. Then read it
aloud to yourself. How does it sound? Go through the contents again and refer them with
the outline and your objective. The major objective of drafting is to have a concise matter
for the final letter and to make sure that your thoughts and ideas are conveyed in a
cohesive manner.

Be Direct – As your letter is a request you cannot dangle here and there. You have to
come to the point in the beginning itself. But it doesn’t’t mean you have to be blunt, by
direct means that you have to be specific about the issue at hand.

Be Specific - While there are many examples, the letter focuses on one story that really
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the decision maker will want to verify, be specific.

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Be Factual – A petition has to be factual and avoid dramatizing the issue. You don’t
need to tell a tale. You have to describe in a factual manner. Emotionally laced words
can be irritating and burdening on the recipient. For example – ‘I was denied a ticket in
the first class. It was discriminatory and there was nothing that I could do about it.’

Give Solid Reasons – Provide solid reasons so that they have a strong effect. Lame
excuses will not bear any fruit but an improvised weak appeal can get the work done.
Explain to the reader why your appeal is important? Why should they get involved? Why
should they agree with you?

Keep it Short – As an experienced observance, a lengthy text requires more time to

read and understand. In this ‘Make Quick World’ short is the preferred option. When
your petition doesn’t’t require a long description, why to offer it at all? There is an issue,
a solution and a support. The recipients do mind reading that extra paragraph. But if you
cannot shorten it make it interesting so that it is read till the last paragraph. You should
know what exactly the recipient requires and provide it in a shortest and effective way.

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Using Graphics – Graphics can enhance the effect of your objective. Images are easily
conceived and require less effort so you can use them provided they are apt and not
confusing. Use pictures which are in context of the issue, it will grab the immediate
attention of the reader. Eye-catching and emotional images work the best.

Using Letterhead – Letterhead’s are symbols of authority and carry a mandate and they
tend to impress the reader. It gives more value to the letter. It will be taken more seriously
and is considered of being reputed especially when it comes from a well-established
NGO.

Typed – A formal letter is always typed or printed, same is the case with a petition letter.
Print your letter with fonts such as Arial or Times New Roman. Don’t use fancy fonts
which may not be legible to the reader. Use the proper size of font to suit the need in lieu
of paper size. You can also print on the envelope for added effect.

Be Polite – Avoid personal attacks, vulgar or hostile language. Threatening, cajoling,

begging, pleading, flattery and making extravagant promises sound manipulative.
Maintain a polite tone throughout your letter as you are requesting and not ordering.

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Documentation – Attach important documents which serve as reference or as evidence.

In letter communication it is known as ‘Enclosure’. These documents’ can be pictures,
videos, audio, copies of regulations and any other material which is supportive or
required to establish the genuineness of the matter. Provide identification of the
documents through marks or circles so that they can be easily comprehended. Do not
send the originals and keep copies of all matter for future reference.

RESEARCH PAPER WRITING-

A research paper is a large scientific work assigned to law students as an

integral part in every law school. The main goal of this project, regardless of
the subject for which it was assigned, is to define a particular issue, research
it, and provide new ways to solve it, which can be used for further
investigation of the problem.

Research paper writing consists of several stages. The first stage consists of
choosing a relevant topic and making a thesis statement that shows the
objectives and goals of your investigation. It is followed by the research and
experimental stage during which a student studies the matter, works with
relevant literature, and collects data for the written part of this project. Then
you have to write the paper itself. The last stage is less stressful as you already
have all the necessary information and only need to analyze and present it in
a proper manner, however, it requires knowing and following the basic
principles of academic writing.

Importance of research paper-

 Research helps to increase knowledge. It helps researcher to know more

about something that interests him/her. Removes the cobwebs of ignorance
and doubt in our minds

 Research improves the chances of achieving specific objectives.

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 Research (on a certain issue) findings also help protect the public; so that
they can begin to understand what the problem is, how it works, and what
it can do for them.

 Research helps to build a bridge that recovers the gap in communication.

 Research is a process of investigation from different points of view, which

helps to know a subject by reading up on it, reflecting, playing with the
ideas, choosing the areas of interest.

 Every research designed to solve a particular existing problem so research

is likely to be profitable or solve problems of immediate concern.

 Research protects from wrong information and save time and money.

 Research helps to increase knowledge. It helps researcher to know more

about something that interests him/her.

 Research improves the chances of achieving specific objectives.

 Research (on a certain issue) findings also help protect the public; so that
they can begin to understand what the problem is, how it works, and what

 Research helps to build a bridge that recovers the gap in communication.

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Step-by-step instructions on how to write a research paper

Step 1: Understand the assignment and set a schedule one of the biggest problems
students face before beginning a research paper. Also, the major problem is that
they don’t understand the assignment. Therefore, to begin with research paper
writing one should first research on the topic itself and gather some specific details.
Some specific details you should know are:

• How long the paper has to be. (pages, number of words)

• The type of citation preferred by the authority.

• Number and types of sources that are allowed. (websites, books, articles)

• Whether specific aspects of the paper have different due dates or is it due in full
on a specific date.

• Other formatting details (footnotes, subtitles, heading, double-spacing)

• Set a schedule according to the due dates and how long it will take you to complete

each task. (Day-by-day, week-by-week).

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Step 2: Finding a Topic and Question Once you have figured out what the
assignment is about, it is time to choose a specific topic or question to research. Some
things to consider when choosing a topic:

• Is this topic appropriate? – You may want to have the professor approve it.

• Narrow the focus of your paper. (try to make it as specific as possible)

• Choose a topic that not only interests you, but will also be interesting to the reader.

• You may want to choose a question that your paper will answer. That way, when
you are researching, you are looking for something specific.

• The answer that you find to this question may ultimately become your thesis
statement. Example: Topic - Pay equality in the workforce. Question- Do women
still get paid less than men do for completing the same amount of work? Thesis -

Step 3: Begin Research After you have decided the direction you want to take for the
paper, it will now be time to begin researching the topic.

NOTE: Just because you have chosen a topic and question does not mean you have
to stick with that one for the rest of the paper! After you have started researching, you
may find information that makes you want to change your focus. It is fine if you
change your question, but make sure your paper answers the new question and not
the old one.

• Keep records and copies of all of the information you obtain. Get all of the
bibliographical information while you are researching so you do not have to go back.
Make sure you also make note of where you found the information in case you have
to retrieve it later.

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Such information includes: Title of the article or book, date it was published or copy
written, author(s) and publishing company, pages used.

• Try to put information into your own words. It is helpful to paraphrase the
information in your own words while you are taking notes to avoid plagiarism later. If
you do take quotes directly from the source, make sure you make a note of that

• You should also be making notes about specific conclusions that you are drawing
from the material.

• Look specifically for details that support your thesis or question. Sometimes
background information is also necessary.

Step 4: Construct an Outline Once you have collected all of the research, it may be
helpful to organize your thoughts with an outline. To construct an outline, you must
group your notes together and match information that fits together. An outline should
be formatted in this manner:

I. Introduction
II. Main heading/idea of paragraph a. Supporting detail b. Supporting detail c.
Supporting detail.

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Step 5: Write a Draft Now that you have organized your research material, the next
step will be writing the first draft. Keep in mind that you will write multiple drafts,
so do not put excessive pressure on the first one. Some things to keep in mind when
writing a draft:

• Try to write with your own voice. Don’t just spit out researched information. Add
your own conclusions and thoughts.

• Remember to cite your sources when you use them, even in a draft.

• Try to keep your information as organized as possible. That will help the reader
understand what you are trying to say.

• Once you have written a draft, proofread it! Have a peer respond to it or bring it to
the Writing Center to have a tutor help you with it.

Step 6: Write a Final Draft After you have revised your initial drafts, you should
compose a final draft. This draft should have very few errors, have a clear organization,
and be formatted correctly. Before you hand in your paper, you should make sure you
have the following elements:

1) A cover page stating the course information, the title of your paper, and your name.

2) The final, revised, copy of your paper with any formatting necessary (Footnotes,
page numbers, citations, etc.).

3) A works cited page listing the bibliographical information for each of your sources.

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[1.5.3] OUTSIDE LAW SCHOOL –

Predictive Legal Analysis – When it comes to outside Law School legal

writing. At the very outset one need to have knowledge about predictive Legal
Analysis. Most common predictive legal analysis is drafting of a legal
Memorandum; it may also include the client letter or legal opinion. A legal
memorandum predicts the outcome of a legal question by analyzing the
authorities governing the question and the relevant facts that gave rise to the
legal question. It explains and applies the authorities in predicting an outcome
and ends with advice and recommendations. It is analysis of the authorities
governing the question and end with advice recommendation and suggestions.
Therefore, broadly it comprises of legal opinions, legal memorandums or legal
letters/notices which include the premise giving rise to the pertinent legal
question.

You write a predictive memorandum for the benefit of another lawyer (usually
your senior) who has asked you to address a specific question and expects an
answer to that question. Your reader may have a general familiarity with the
law you are discussing but may not be familiar with specific cases (or, if
applicable, statutory provisions) that you have found to be relevant to the
analysis. Therefore, as you write, keep asking yourself: will the reader be able
to follow my analysis? Have I organized my analysis to track all the steps in
the IRAC paradigm (Issue-Rule-Application/Analysis-Conclusion)?

The standard office memorandum usually contains the following sections:

1. HEADING or CAPTION
2. QUESTION PRESENTED
3. BRIEF ANSWER
4. FACTS
5. DISCUSSION
6. CONCLUSION

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Legal opinions- In Law, a legal opinion is in certain jurisdictions a written

explanation by a judge or group of judges that accompanies an order or
ruling in a case, laying out the rationale and legal principles for the ruling.

Steps to write a legal opinion-

 State the facts- State the facts very clear and simple terms, there
should be no ambiguity in the same. Also, only relevant facts
should be addressed, don’t necessarily increase the length of the
opinion by stating irrelevant facts.
 Analysis- Analysis is analyzing in detail the facts you are using and
its relevancy to your issue or the question you are addressing.
 Answer the query- Also, make sure that you answer each and every
query.
 Usual disclaimers.

Legal Memorandum- The legal memorandum is the most formal, polished,

and comprehensive written document for reporting the results of your legal
research. It summarizes and analyses the relevant law and applies it to a
particular fact situation. In practice, the memorandum can be a crucial
document to a case or file. The memorandum might be sent directly to the
client or be the basis of other written work, such as a factum, opinion letter,
pleading, legal instrument, or judgment.

Steps to write –

1. Organizing the facts

2. Researching the Law.
3. Assembling the argument.
4. Drafting the Memo.
5. Polishing the Memo.

Legal letter/Notices– Legal letters and notices are a very powerful document
which is send by an attorney on behalf of his client to another person or court.

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It Should be very accurate and grammatically correct. So that when it is

written its meaning should be understandable. It has to include only legal

matters and not irrelevant things.

 Legal drafting required knowledge of audience

 Good legal letter drafting has a defined point
 Good structure of the letter
 Deceptive simplicity
 Authenticity of expression
 How long your legal letter.

1.5.3.2. Persuasive Legal Analysis –Writing well is an influential tool in the

practice of law. Just like oral advocacy, the purpose of written advocacy is to
persuade and in order to be persuasive, the document must be useful for the
intended reader. The written argument thus provides a golden opportunity to
persuade the Court before oral address has any role to play.

Legal analysis is based on a legal matter with which it plays a direct part but
are based on presenting hypothetical interpretations. When the matter of
legal analysis is based specifically on an existing matter that requires the
arguing of a legal point, this is called persuasive analysis. Writing an
argument helps writer to perceive his or her case to define, refine and interpret
the cases that court must decide and also helps in expressing facts and
combining them into legal arguments. Motions, petitions or briefs aimed at
persuading the adjudicating authority to decide favorably or to convince the
opposing party to resolve the dispute amicably.

Motion- A motion is a written request or proposal to the court to obtain an

asked-for order, ruling, or direction. There are a variety of motions, and it has
become standard practice to file certain kinds of motions with the court based
on the type of case. Motions may be used in various ways to provide assistance
to cases: -

 To obtain information

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 To dismiss cases
 To trim Cases down

These can be simple, such as a basic request to extend a deadline or highly

technical.Motions can be useful tools for furthering case and should be
considered at every stage of litigation.Every motion and brief should be used
as a chance to educate the judge on the facts and the law. Not using briefs as
part of one’s strategy is a wasted opportunity. Judges are human. Their
attention span is not any longer than ours. When they start reading a brief,
they read as little or as much as they want, and one of the determinants of
how much they read is how well written the brief is. If the brief is confusing
and disjointed or filled with typos and difficult to understand, the judge may
not read from start to finish. On the other hand, if the brief is well written,
tells a story, and keeps the judge interested, he or she is much more likely to
read the entire brief. So here are certain keys for drafting a successful
motion:-

1. Write clean, simple, and grammatically sound sentences and your

argument’s persuasiveness will skyrocket.
2. Use several short sentences. They are clear. They are concise. They are
exact. And occasionally use conjunctions to begin sentences to preserve
stylistic flow.
3. Every motion, writ, or brief should end with a statement specifically
articulating what the court should do.
4. IRAC structure - I = identify the issue. R = state the rule. A = apply the rule
to the facts. C = state your conclusion
Or

CREAC.- C = state your conclusion. R = state the rule. E = explain the rule and
case law. A = analyze the facts according to the law. C = restate the conclusion.

5. Limit yourself to your strongest arguments. A leading Australian QC says

the 'essence of winning in court is to pick the real point of the case and
not flog the ones which have no legs'.

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6. Put strongest arguments first. Some researchers have found a 'primacy

effect'. Arguments that appear at the beginning of a message persuade
more than arguments that appear later.

7. Argument should take up the vast majority of the brief, but obvious
responses should be identified and addressed. Anticipate and address
counter-arguments.

8. Never misstate the record. And never misquote a source. When quoting
from cases explain the relevance of the quote.

9. Know the Parties- Identify the parties at the beginning of the motion

10. Know Your Judge- It is very important to know judge’s preferences. Some
judges stick to traditional procedural formalities whereas some judges
entertain motions that are persuasive and help in better understanding
the key issues involved in the motion to compel.

[1.5.3.3] Legal Drafting – Creation of binding legal text like acts, rules
and regulations; private documents like wills, testaments and trusts;
public texts like notices, instructions, orders; transactional documents
like contracts, deeds, etc.

Legal drafting is a structured process to write any document that is full of law
and legal jargons. This exercise can be challenging to both beginners and
experienced legal drafters. Legal notices and letters are easier to draft that
contracts, acts and legislations because a letter or a notice may not
necessarily contain a requirement or section to explain basic terminologies.
But the objective of all these legal documents remain the same that is to
become a legally binding document on the date intended by the parties.

Acts, rules and legislations are created by the acts of legislatures in a country,
legislations are the broadest circle that covers acts, rules and regulations. An
act is law passed by the legislatures. Rules regulations and codes passed by
the legislatures due to power given under a specific act. Rules and regulations

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are also known as subsidiary legislations that help in the implementation and
governance through the act.

Wills and testaments on the other hand are a different set of legal drafting. It
may vary from a simple statement or declaration to a long detailed legal
document. A will can be made by any person of sound mind who is above 18
years of age and who intends to give away his property to another person.
There are no prescribed formats to write a will in India. Therefore the simplest
of statements on the simplest of papers signed appropriately can qualify as a
will or testaments.

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ABOUT COURSE INSTRUCTORS

MR. RAJIV SHANKAR DVIVEDI

Advocate-on-Record,

Supreme Court of India

DR. PRAVEEN ALOK

Of-Counsel Attorney,

O.P. Khaitan & Co.

MR. HARSH PRABHAKAR

Advocate,

Delhi High Court

MR. SHOBHIT BATTA

Associate,

Link Legal India Law Services

MR. HARSH PRATAP SHAHI

Panel Counsel, State of UP,

Supreme Court of India

Partner, Justizia Legal

MS. DIVYA SWAMY

Advocate,

Delhi High Court

MS. CHHAYA BHARDWAJ

Lecturer,

Jindal Global Law School

MR. SAUNAK RAJGURU

Associate,

J. Sagar & Associates

MR. LOKESH BULCHANDANI

Associate, Lakshmikumaran & Shridharan

Secretary, Human Hands Together

7
20 INSTITUTIONS PARTICIPATED IN INAUGURAL BATCH

COURSE
The Course Instructor cleared even the simplest of
the thing which we thought we knew .

REVIEW
It was such a great session Lokesh sir has explained
each and everything very properly thank you HHT &

for providing such classes in this quarantine BY OUR ONGOING BATCH

time waiting for next session
.... . BASED ON 75 RESPONSES

N a very thanks to those who took the initiative of NO YES

providing us this platform to utilize this quarantine !!

Well explained He explained minute things which Would you

recommend this
.

are the base for a law student which we missed in

Course to your
,

our law schools

friend
.

This session was very good And Lokesh sir also .

explain us very nicely I also thanks to the whole

.

team of HHT for providing such classes in this time .

It s was actually very easy to understand and a very

'
3/5

interactive session Looking forward to other session

. .
2.7%

Great explanation power by Mr Lokesh many .

examples given and everyone s individual doubt

On Scale of 5
'

was solved . 4/5

38.7%
The session was really awesome and fruitful After the Module how ,

desperately wait for next session . inspired did you feel ? 5/5
58.6%

Session is really great awesome I thank HHT to

& .

provide this platform

The session was very comprehensive and Maybe
interesting Looking forward to the coming ones
. . 16%

It was comprehensive and amazing session YES

It was a very interactive and interesting session Would you be MAY
interested in our
..

looking forward to the coming ones BE

future courses
  ..
?

Mr Lokesh did an exceptional job in teaching NO

Module 0 He even gave relatable examples His
. .

oratory skills were remarkable He cleared each and .

Yes
every student s doubt I would love to hear another
' . 84%
lecture from him .

HumanHandsTogether.com/legaldrafting