This article is written by Komal Saloni and further updated by Shubhangi Tiwari. This article covers various details regarding contract drafting, its importance, skills required, opportunities in contract drafting and FAQs that every law student, young lawyer and practitioner should know about contract drafting. The article further illustrates the various other supplementary laws required to set up and master contract drafting skills and services. 

Introduction of contract drafting

Contract drafting is one of the most decisive parts of the contract management process because it provides the foundation upon which the rest of the contract is assembled. Clarity and precision while drafting a contract are considered to be essential for making sure that both the parties’ needs are fulfilled. In the legal profession, writing legal documents is the most appropriate way to put the facts of the cases before the courts and other authorities. Drafting is simply a synthesis of laws and facts on paper in a very simple and elegant manner, enacting legal documents. Although expertise in legal drafting skills comes along with the time since efficiency and skillfulness are quite essential in this profession. It’s an act of writing legal documents to advocate, inform, persuade and instruct. Drafting is an art, which involves the concept of thinking and then composing. It is important to understand the facts of the cases properly as the whole proceeding depends upon what and how the counsel drafted the matter if the draft has some error that can jeopardise the case. Drafting legal documents is the act of writing legal documents to advocate, inform, persuade and instruct.

It is very important to properly analyse the nexus between the law, facts, and the language, which institute the primary essence of drafting. To collect, coordinate and consolidate the matter in the form of a document, requires serious thinking backed by prompt action to simplify the facts with legal writing, open for judicial interpretation to derive the same sense and intention of the parties for which he has been prepared, adopted and since comparatively analysed.

Origin of “contract” as a concept

There was an era of barter system being the norm, when nothing was codified, practice of exchange was led by a lot by norms. There were times of various complexities in the business that could not be enforced. Norms that were prevalent in one industry were inapplicable to another. An unexpected turn of events changed the very core of the business set up by two parties.

A need for a customised agreement was felt where the agreement would categorically govern only the two parties entering the contract. This document would also be in a written form, for cross-checking and of course, enforcing the breach of the agreement. Since each contract catered to a very specific need of the parties, having a law around it required a special approach.

The Indian Contract Act, 1872 lays down not the offences or the procedure, but only the limitations within which a contract has to be drafted. Eventually, in the second part of the Act, it outlines the specific type of contracts, denoting the rights and liabilities of each party to the said type of contract.

Meaning of contract

According to the Indian Contract Act, 1872, “contract” is defined under Section 2(h) as ‘an agreement which is enforceable by law’. The term contract is defined as an agreement between two or more parties that is binding in nature or it can be said that the agreement with legal enforceability is said to be a contract. It defines and creates the legal duties and obligations of the parties involved.

How frequently contracts are used

Today, contracts are a part of every little thing that we do. Every time we press ‘I agree to the above terms and conditions’ forms a part of the contract. From opening a social media account to signing a receiving parcel, from ordering an item online to fund-raising for a startup, contracts form an integral part of our day-to-day lives, even without knowing much about it. Let us revisit the very basics of contracts as recognised by the Indian Contract Act which reflects the making of a contract as a process wherein the following steps are to be essentially followed enumerated in Section 2, the interpretation clause:

• As per Section 2(a), when someone expresses to another that he is willing to do something or refrain from doing something in order to get that other person’s consent to that act or abstinence is considered to make a proposal or an offer.
• As per Section 2(b), acceptance to such an offer, leads to the proposal becoming a promise. 
• In return for this promise, the other party may themselves do or abstain from doing an act, which forms the consideration of the promise. [As mentioned in Section 2(d)].
• The next step in the formation of the contract is when every promise and every set of promises, forms the consideration for each other, it is considered as an agreement under Section 2(e).
• Lastly, this agreement enforceable by law will be considered as a contract under Section 2(h).

Given the above pointers, a legally sound contract has the following features: 

• There must be the consent of both parties to the contract and that consent should be consensus-ad-idem. This means that the parties should consent to the same things in the same sense as mentioned under Section 13 of the Indian Contract Act, 1872.
• The consent given by the parties should be free as mentioned under Section 14. Free consent here means that it should be free from any sort of undue influence, fraud, misconception, coercion or mistake as to facts and law.
• As per Section 10, all agreements are contracts if they are made by free consent of the parties for a lawful consideration and a lawful object.
• As per Section 11, the parties must be competent to contract. A party is competent to contract when he is of sound mind, he has the age of majority and is not disqualified by law.

Importance of contract drafting

Establishing clear rights and duties

Before presenting themselves in the courtroom, advocates must be prepared with their cases and other briefs. However, advocates usually do an excellent job of client counselling and evidence collection but after all, if advocates are unable to present their facts correctly and straightly for the drafted document, the judge will put down their whole efforts.

Serving the interests of all parties

In business, contracts are quite significant and frequently play a crucial role in a company’s accomplishments. When drafting a contract, there are many aspects to keep in mind, such as making sure that the contract serves everyone’s best interests and helps to resolve and prevent a future contract dispute. 

Preventing disputes

Well drafted contracts facilitate companies in enjoying several benefits. It prevents breach of contract and litigation and further improves business relationships. As seen often, lawsuits arising out of disputes arising from contract-related issues can affect small businesses, imposing a financial burden on them and causing an emotional strain for the business owners.

In accordance with the Small Business Authority, lawsuits related to contract matters can create various challenges for small businesses, such as placing emotional strain on business owners and causing burdensome financial costs, which emphasise the importance of successful contract drafting.

Other important aspects of drafting a contract

• A contract consists of several specific and particular clauses, written by one or more parties to the contract, and is considered legally binding only when the consent of all the parties to the contract is given. Therefore, the terms agreed upon by the parties to the contract are recorded in a documented form. This document helps in doing away with any kind of dispute in the future regarding the rights and obligations of the parties to the contract. However, even a written contract itself cannot be considered as a complete fool-proof document unless it is registered.
• The contract draft, considered as the primary document, is referred to by the judge while hearing the case. Therefore, a good draft with 100% accuracy is needed in order to move one step towards succeeding in a case. The precise format of a contract and its formal language are essential for convincing the adjudicating authority and presenting the case according to the counsel’s point of view. 
• It’s an outline of the whole facts in proper language and precise format, which must be easily reached to convince the concerned authority and should be understandable to them in the same view as the counsel presented. Drafting is done to make the whole case clear and precise in front of the authority before whom it is presented.

How to learn contract drafting 

Like every skill which exists, it is only via practice one can learn good contract drafting skills. The next best way would be to analyse a contract.

Understanding boilerplate clauses

Apart from the terms and conditions laid down in the contract, there are some clauses that are put in every contract, referred to as boilerplate clauses. For beginners, these are the standard clauses that help in understanding the rhythm of drafting and writing legal contracts. These clauses also aid in understanding the extent to which the contracts have to foresee the future. For example, after the pandemic, the Force Majeure clause now includes man-made lockdowns and pandemics. Other boilerplate clauses include severability, termination, notice and official modes of communication. 

Knowing the purpose of the client for contract drafting

After mastering all the additional clauses which are integral to every contract, mastering the art of contract drafting requires knowing the purpose of the contract. The purpose could be something as drafting the regular terms and conditions of a website or a rent agreement, or something as complicated as an IP licensing agreement or acquisition agreements. 

These complicated agreements require mastering concepts of law and knowing their practical applications and difficulties. Since these are highly confidential agreements, courses like Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution and Certificate Course in US Contract Drafting, Paralegal Studies are helpful in determining factors that need to be kept in mind while drafting a contract. 

Domain knowledge

Needless to mention, in order to make a career in contract drafting, subject knowledge and the laws of the domain should be absolutely clear to the drafter. Apart from that, compliance plays an important part in where the next biggest issue happens. It is imperative the contract drafter knows the process of implementation of a contract and industry practises in order to be of aid to their client. 

Things to keep in mind

1. It is imperative that you sit with your client and understand their perspective first which will explain their need to get into this contract. Second, it becomes important to lay out the terms and conditions and categorise them as negotiable and non-negotiable. There would be certain terms that the client may be interested in letting go of, but certain conditions would be deal-breakers. 
2. Counsel your client for the negotiation. A lot of times clients believe that they are entitled to everything they ask for. However, it is necessary to calm down the client and remind them of the give and take and that the other party is also entitled to receiving something for their benefit. 
3. In a lot of situations, clients have to be reprimanded for behaving in a manner so that the negotiations for the contract may take place more smoothly. In a lot of other situations, especially matrimonial settlements, these things are pre-planned in order to demonstrate that the party has taken a big hit.
4. Just like bargaining, negotiations need to start from the extreme end so that you have some bargaining chips set aside for losing. Instead of losing something of value, it is easier to show that you are letting go of so many terms and conditions in order to get that one non-negotiable deal.

Benefits of contract drafting skills 

• Suppose a situation arrives where a client comes to you either with their problem in courts or with a corporate firm or a company, when they put their problem before you, you first listen and read the facts, understand it properly, and then start drafting the document for further proceedings. To present the facts and submission of the parties in brief before the court, or in any tribunal, excellent drafting skills are required and this is the reason for which client comes to you because you are the one who represents the client in the court.
• In business, contracts are quite significant and frequently play a crucial role in a company’s accomplishment. About contract drafting, there are many aspects to keep in mind, for instance making sure that the contract serves everyone’s best interests and helps to resolve and prevent a future contract dispute. 
• While drafting contracts for construction management, builders, a real estate contract, or any other contract, it is essential to draft effective business contracts.
• A well-drafted contract benefits companies in many ways as it avoids breach of contract and litigation to improve business relationships.  In consonance with the Small Business Authority, lawsuits related to contract matters can create various challenges for small businesses, such as placing emotional strain on business owners and causing burdensome financial costs, which emphasise the importance of successful contract drafting.

How is contract drafting different from drafting of other pleadings

In order to determine this, it is imperative to know that contracts and lacunae in these contracts led to disputes and litigation. The purpose of pleading is to put the facts and circumstances before an authority, which could be a judge, an arbitrator, or a quasi-judicial body. However, drafting a contract is for the utility of two entities that are primarily not in the legal domain. Be it a commercial lease agreement, an acquisition document or a shareholder agreement, the purpose of all these agreements is to determine rights, duties and obligations between two parties.

For lawyers and advocates, it is imperative that they have significant domain knowledge about the field for which the contract is being drafted, along with the laws that regulate them. This makes the drafting of contracts a genre of legal drafting that needs nuanced precision in order to master.

The art of contract drafting is a fine balance between legalese and domain expertise, carrying the weight of the needs and wants of both parties. The contract drafters also need to keep in mind the foreseeability of the contract, which ranges far beyond expressing the facts and laws related to the particular case at hand, as in submitted pleadings before court. 

Points to ponder

• A general rule is that if two different words have been used that, in common parlance, have similar/same effect, it is safe to assume that they have different meanings. It could be the same end with some minute changes here and there, different means to the same end, or an entirely different end altogether.
• Like a statute, it is beneficial to clearly write and define certain words and processes. Ambiguity, unless it is in the favour of the client, is always detrimental to the implementation of a contract and leaves room for interpretation, which may or may not be in the client’s favour. 
• Giving words and phrases definitions also means that the contract ensures that it is uniform from top to bottom and there is no departure from consistency. Redlining such a document also becomes easier as it aids in minor changes that the other party might have sledged by you and wish that attention was not paid to tiny details.  

Benefits of contract drafting skills for lawyers

Equally similar to litigation, contract drafting is an essential aspect of legal practice. Lawyers working in the corporate field are indulged in the tasks of preparing reports, reviewing, strategising, analysing, and negotiating contracts. Therefore, there is one thing that an advocate can be confident about with respect to skills is contract drafting skills.

You’ll be spending the growing years of your career practising the art of interpreting contracts, evaluating them, adding clauses and then drafting them from scratch. Any deal between any two or more parties has an underlying contract. If you’re working at a law firm, it is essential to learn contract drafting skills.

Terms and conditions of the deals between two parties are one of the essentials of a valid contract. If you are working in a law firm dealing especially in mergers and acquisitions, the drafting would be essential. Although drafting is basic in every sector as an advocate, lawyer, legal advisor, and so on.

Even if you are working as an in-house counsel, reviewing and drafting contracts are done half of the time. It can be anything ranging from intellectual property procurement to talent acquisition or licensing, etc. Practising as an advocate in a litigation career along with contract drafting can help supplement the income of young lawyers. As an advocate, you get many clients hand in hand seeking advice on common contracts like lease agreements, rent agreements, employment agreements, partnership agreements, etc. In the field of litigation, knowledge is of paramount importance. You can’t advise anyone without having proper knowledge of that matter whether it is contract drafting, criminal cases, or any civil matter, etc.

Improves negotiation skills

With drafting contracts, negotiation skills go hand-in-hand. Every contract, case, or deal has to be negotiated by both parties. No party wants a bad end to their deal; however, they will negotiate the rights, considerations, obligations, etc., at length. The idea of negotiation comes from agreeing on one thing instead of something else. While negotiating a contract, a good lawyer knows what their client needs the most and can also deliver the same. Just like drafting skills, negotiation skills improve with time and experience, and there is also a lot of practice to be done. The more contracts you draft, the more your negotiation skills will be enhanced simultaneously. Contract drafting is of such importance that the advocates must know exactly which clauses are to be inserted or which ones are not required to put forth the client’s interest.

Improves analytical abilities

When you learn how to draft contracts, your analytical abilities will be enhanced. You need to understand your client’s facts so that they can brief you on their requirements. After that, you proceed to draft a contract that is in favour of your clients and protects their interests as well.

Improves knowledge of laws

Law school teaches us how to interpret and analyse the laws through assignments, tests, research work, client counselling, moot courts, etc. These are some activities by which students can improve their skills with exposure to practical knowledge and application of the laws learned in the law schools.

However, contract drafting and contract laws are two different things. One can think that contract laws are the basis of the deals and it is the groundwork of the deal, but the deals may vary. You may have a client who needs a Master Service Agreement, an NDA, a joint venture agreement,  or an Intellectual Property licensing agreement. Different contracts involve different laws and require expertise in them as well.

Accordingly, lawyers have to gain a functioning knowledge of different laws at the time of determining rights and obligations, identifying potential risks, etc. This requires them to not only know about the laws but also have a functioning knowledge of the common laws and regulations like IP laws, IT laws, labour laws, and others.

What job opportunities can good drafting skills get you

It is very much expected from lawyers irrespective of their area of specialisation to have basic and key skills in contract drafting. Another beneficial legal skill is contraction negotiation. These are the most lucrative and extremely rewarding skills and those who have them subsequently can foresee good career opportunities relating to them. In India, most lawyers are unable to hold proper training in contract drafting thus resulting in poor drafting skills. Some of them learn through trial and error and others are blessed with a wonderful senior who is patient enough to review their work and guide further.

As a licenced practitioner

Advocacy which is to practise in court is one of the key professions that most law graduates prefer. Fresh lawyers start practising in court under senior advocates to gain experience before becoming successful advocates. This includes the drafting of different documents and cases, the review of records, and updates of court proceedings. This helps them to develop further insight into the laws and consequently, in the future, they will be able to practise individually by learning different aspects of the law. The choices are unlimited when it comes to various fields of law. Opportunities include working in dedicated teams in various law firms that look into niche subjects like private equity, merger and acquisition, and competition law. Further new opportunities include media and entertainment law, sports law and privacy law. 

Legal advisor

After completing a law degree, with good drafting skills, apart from joining any law firm, you can become a legal counsel in business corporations, private companies, or banks. As a legal advisor, you can advise NGOs and clients and assist people in making the right decisions. Various corporations and government organisations hire legal advisors for better consultation and for providing legal guidance on different legal matters. Someone who is good at drafting and reviewing contracts can work well because the major workload in a company requires contract drafting and approval along with due diligence and compliance.

In-house counsel in private companies

There are tremendous opportunities all over the world to join private companies. They hire legal counsel to support their organisation in legal decision-making. Anyone looking for a career in private companies should focus on different legal aspects involving problem-solving ability and drafting skills. While someone can write about the matter, they are confident enough to make a good decision.

As a legal analyst

Law professionals could join law firms or corporate firms to work as legal analysts in the company. Here, drafting ability works the most. You have to assist in the drafting of various documents on different matters and also assist attorneys as well. It is a great opportunity in the field of commercial law. The work profile needs the lawyer to be well-organised and analytical too. The job of a legal analyst usually involves having substantial knowledge about the domain the company is working in. It further requires the ability to read data and provide legal analysis on the basis of that data. 

Contract drafting in the international arena

Knowledge of laws of two countries

You could be a dual licenced legal practitioner, have international clients who had set up their business in India, or have contacts in another country as you have pursued a degree there. Having knowledge of a new country’s laws can be beneficial for your international contract drafting career, as you are a rare combination who knows the laws of both countries and are better placed to give a bird’s eye view. 

Exposure to different areas of law

Data privacy and technology law originated in developed nations. Since these aspects of the world are globalised, having gained domain knowledge and being the sole attorney in a different country gives you an edge. Working in different economies with different levels of advancement makes you ready for what contracts you may have to draft in your own country in the upcoming times. 

Being ahead of the curve

Be it your own country dominating the globe or another country coming to you, knowing how to draft contracts for something that is high in demand aids in immediate growth and puts you ahead of the curve in comparison to your colleagues. In this cut-throat competition, it is always recommended to be above and beyond the competition, and knowing the laws up and coming in demand is going to help you catapult your career. 

Useful tips to master contract drafting

Handling clients while contracting 

Lawyers do many things for their clients. They advise them, argue for them in courts and agencies, negotiate for them, lobby for them in legislatures, and so on. Their practice and experience in different areas of law give clients a sense of how the same rule can be analysed in two different contexts. Handling clients is not always an easy and smooth thing to deal with. 

There are a few problems, as identified, associated with client handling at the time of drafting as discussed below:

A different purpose for different clients

Every client’s problem is different, and all are equally important and require an equal amount of time. But some cases need more time and attention than any others. There may be a chance that the advocate addressed those kinds of cases for the first time or some highly disputed matter that may have never been addressed previously. This raises the difficulty level for the advocate or person who is drafting that particular matter, as it may become immensely difficult for some advocates to understand that the nature of cases is different from the prior one in which the drafter may be engaged. 

Coordination challenges

Sometimes it is difficult and challenging to handle different clients at the same time while drafting important documents. Sometimes, with a lack of experience and skills, it might be possible that the facts and matter of two different cases may get mixed up and appear in others, creating a huge problem and confusion soon.

Unable to fulfil requests

It is observed that a lawyer has to deal with the client’s unrealistic expectations and concerns. However, drafting itself requires more attention. It seems stressful for advocates to handle clients while drafting.

Budget problems

It has been widely seen that most of the clients are unable to bear the expenses of litigants, often devising the solutions and spending less money on cases, reducing the interest of the lawyers in the case.

What are the top contract drafting skills that are most essential for any job

Remember your audience

Every word you write should be tailored according to the needs of the reader. While drafting, the document may embody the same laws which may be similar to any other cases, but, the facts and the contentions that the client is seeking should be included properly in the content. The tone of the draft varies according to the documents intended for the audience. For example, a brief submitted by the advocate must persuade the court. A memorandum to a client shall be such that it analyses the issues, reports the statement of the law, and suggests a suitable course of action. Always keep your audience in mind when drafting any piece of writing.

Organise your writing

Organising is the key to successful legal writing. Create a blueprint for your writing by using visual indications to guide the reader. Use introductory paragraphs, make use of transitional phrases (“that”, “however”, “furthermore”, “besides,” etc.) between the paragraphs, and use headings and subheadings to break the hunk of the text. Start introducing each paragraph with a topic sentence, limit each paragraph to a single topic, and sum up the point in the concluding sentence. The organised structure of the drafted document helps the reader understand the facts properly and promotes reading ability. Use a numbering system like 1,2,3,4,5…… and so on to avoid any misconceptions and for better reference and understanding. 

Ditch the unnecessary legal jargon

The use of legal phrases and jargon can make the drafted document very abstract and strained. Some of the words include legalese such as herewith, aforementioned, heretofore, and wherein. These are words that have the power to create difficulty in comprehension in clear and simple drafted contracts. To avoid the jargon, try to read your sentences and also take the help of colleagues or substitute those tough words with simple and concrete terms for clarity. You can understand this with an example, rather than using “I received your correspondence,” it can be written as  “I received your letter.” This sounds clear and concise. 

Use action words

The use of action words seems more natural and prompt when speaking, and it also makes your legal composition more powerful, vivid, and dynamic. For better understanding, some examples can show the difference between the statements. As has been mentioned below, ‘weak’ denotes a sentence that is quite unclear, and the ones put forth as ‘better’ highlight clear and formal sentences:

• Weak: The witness quickly came into the courtroom.

Better: The witness bolted into the courtroom.

• Weak: The defendant was not truthful.

Better: The defendant lied.

• Weak: The judge was very angry. 

Better: The judge was enraged.

Avoid using passive voice

Avoid the use of passive voice impersonating responsibility for action by removing the subject of the verb. The use of active voice indicates that the person is directly seeking for himself/herself in his/her words to the court without the involvement of the other party. It acts in accordance with clarifying the plea before the court or the person whom the justice-seeking person asks for.

Edit accordingly

Editing is very important in any document after drafting. Edit your drafted document properly, diligently, and efficiently, and omit unnecessary words. Proofreading, in this case, plays an essential role. Check all your spellings, grammatical errors, or punctuation, and the meaning of the sentence, whether clear or not. Analyse all this before submitting the document before the court for further proceedings, because once you are done with your drafting and submit it to court, the court grants that particular draft in good conscience. Also, in the event of any fault in drafted documents, the other party and their counsel can undermine your credibility as a legal professional.

Growing complexities in the legal profession : drafting skills as a way out 

Skill and efficiency hold an important position when it comes to drafting contracts. It requires thorough knowledge of the law, judicial principles, and procedures besides being proficient in the English language. Perfect drafting of any matter in respect of suits, complaints, applications, appeals, writ petitions, reviews,  revisions, and other matters surely leads to saving of time, money, energy, and expectations of not only the learned members of the bar and bench but also the parties to the disputes. This is the reason for why drafting, conveyance, and pleadings has been made as a compulsory practical subject in law schools in India.

Students who gain the perfection and proficiency along with the requisite knowledge in the drafting of deeds, criminal complaints, civil pleadings, civil as well as criminal appeals, writ petitions, the Special Leave Petitions, contempt petitions, etc. shall undoubtedly become an ideal legal professional.

Laws to be dealt with extensively while drafting contracts

Knowing the agenda of the contract and therefore providing the best solution to the parties dealing with the dispute at hand is one of the most overlooked aspects in contract drafting. This, however, is heavily dependent on domain knowledge. This is not only restricted to knowing the laws that govern the domain, but also knowing the industry practices and the practical utility of the contract. 

Contract Law

Understanding and writing an exam on Contract Law is the opposite of what this piece of legislature translates in real life. The first half of the Indian Contract Act, 1872 lays down the rules on the limitations on which contracts can be made. The second half of the Act explicitly mentions the specific type of contracts and the specific terms and conditions in each of them. It lays down the contracts of guarantee, pledge, bailment, agency and hypothecation amongst others. These specific types of contracts lay down the correct base for further contracts to be customised according to the needs of the parties. The Act opens all its doors towards every possibility, catering to the needs of any and every type of contract possibly required.

Sale of Goods Act, 1930

This Act regulates the sales of movable property. This was initially a part of the Contract Act but was found to be inadequate towards catering to the conditions of the same. The Act defines various terms such as buyer, seller and delivery of goods and caters specifically to all the transactions required for the movement of deliverable goods, perishable items and the like. The Act further lays down conditions and warranties and how the transfer would take place. Domain knowledge of this contract would help in making very niche contracts pertaining to freight and cartage, especially in the international domain.

Intellectual Property Law

Intellectual Property has grown into one of the most lucrative fields in today’s time. Media and Entertainment Laws have grown multifold due to newer films, shows and OTT spaces. Protection of personality rights has never been more stringent as social media becomes more and more popular. Social Media content creators and influencers need copyright protection and if they start their own company then another set of laws are required. Sports and technology law are other domains that are constantly on the rise, and given the time and age, these areas will only be thriving in the future.  

Company Laws

A company is a child of legal fiction-a non-living entity which has been recognised as a legal person in the eyes of the law. From the way it is going to work, to the objective of the company (Memorandum and Articles of Association), from its internal policies and legal compliance to the litigation the company faces, Company laws is the perfect place for learning commercial law from the inception of a company to its death as winding up. Every aspect of it has to be in black and white, which leaves room for legal opportunities to be everywhere. 

This is one of the few areas of law where having a corporate understanding translates well into a thriving litigation career, so that is the eventual goal. Having a contract drafting career for a company is a great way to learn the nuances of the business and see the Companies Act, 2013 in action, and once you are familiar with the process, the domain knowledge over the subject would be of immense help in arguing before the Company Law Tribunals. 

Labour Law

Labour laws deal with labour unions, trade practises, daily wages, and represent their day-to-day problems. The collective power of the union gives the employees a bargaining chip over the employer and the practice is extremely niche, meaning litigation in Labour laws is not something everyone can afford. Therefore, in order to prevent damage, the companies seek contract drafters with great labour law knowledge so that even unforeseeable circumstances are taken care of. With hiring new talent, complying with labour law policies and overall keeping the ground running, labour law practice is a necessary evil that the domain requires, and watertight labour policies drafted by legal practitioners keep them running. 

Setting up your independent practice 

The usage of contracts in our day-to-day lives has exponentially increased, and therefore, advocates are setting up their independent practice in order to cater to this growing demand. Additionally, more and more lawyers are duly qualified to practise in more than one country. Apart from being a source of income, drafting contracts serves as an aid in keeping abreast with the legal developments in those countries.

Suggestions 

However, the following pointers and certain skills need to be honed before going independent.

Presence of mind

The extensive working hours of an advocate do not get over with the day-to-day assigned work. The increasing number of cases brings in contract drafting work which requires attention even after working hours. Clients are the primary source of information for the cases. Irrespective of in-person or virtual mode, it is extremely essential for an advocate to communicate and talk to their clients. The presence of mind and wholesome attention is indeed required, it is one step towards achieving success in the case. 

Don’t overreact 

One should not react in a way that may be perceived to be judgemental or lose your viewpoint of neutrality based on facts in the cases. Once your client gets comfortable, it must be remembered that you certainly continue reacting positively.

Don’t over-analyse

It is important not to analyse the situation of clients yourself without knowing the facts properly. If there is a need to think a little, you should. Most of the time, advocates end up making the wrong decisions as a result of overanalyzing and trying to provide the best remedies to clients. This in turn, harms the client and affects the possible remedy that could have been achieved. 

Be verbal about things and understand the theoretical basis

Advocates have to be verbal about their time issues while handling different cases and clients to maintain the peace at work that actually can help the client. Also, it is important to keep in mind the drafting points; they provide the material facts and important aspects that are not prepared and remembered by everyone.

Conclusion

Hence, drafting is an art which we as lawyers do not just learn in one day, rather, it takes a long way to excel in such skills. What is important is your learning ability, how much understanding you want to develop, and your interest in the matter of course. So stay calm, have patience, work hard, and focus on enhancing your drafting skills. Patience is the key here, and we must learn from every mistake as well. Hope this article helps you further.