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Research and Drafting Skills for Aspiring Lawyers

Research and Drafting Skills for Aspiring Lawyers: For aspiring lawyers learning research and drafting skills is paramount for an effective law career. This article will provide a comprehensive guide on the importance and applications of Research and Drafting Skills.
authorImageSwati Kumar31 May, 2024
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Research and Drafting Skills for Aspiring Lawyers

Research and Drafting Skills for Aspiring Lawyers: Lawyers need efficient research and drafting skills to navigate through complex cases and present persuasive and compelling arguments in the courtroom. For a successful legal career, the two primary aspects are research and drafting. A coherent legal draft based on thorough research work is made as a reference document for other legal professionals.

The Importance of Research Skills

Research is an integral part of a lawyer. For any legal practice detailed research is very necessary. Lawyers are required to draft cases and judgments based on the information available. The drafting should be done in such a way that it encapsulates the essence of the cases with all the necessary information. Therefore, research and drafting skills are very important aspects for an aspiring lawyer.
  • Presenting Strong Arguments : A thorough research results in presenting strong arguments in the courtroom. During the legal hearings, facts and proof take center stage. Therefore, to build a strong case, aspiring lawyers must focus on developing research and drafting skills. Remember, solid research empowers lawyers to construct compelling arguments that stand up to scrutiny.
  • Client Assistance: Good research helps to present strong cases in favor of your clients. A client is drawn towards those lawyers who by all means give them solutions and positive results. This can be achieved only by doing proper research work.
  • Complement Drafting: Research and drafting go hand in hand. Aspiring lawyers can draft engrossing drafts after doing extensive research work. This practice will help and guide you to reach new heights in the legal profession.

Types of Legal Research

In the legal field, research skills hold a substantial position and is broadly categorized. Some of them are explained below.
  • Case Law Research: Case law research involves rigorous study and research work of past judgments to understand the fundamentals of law. The pointers will help the lawyers to build strong arguments against the opponent.
  • Statutory Research: In this section, lawyers have to deep dive into the core lessons of law that include. The lawyers have to study statutes, codes, and legislation to comprehend the law explicitly.
  • Administrative Law Research: Lawyers must apprehend the rules and regulations laid by the government. For regulatory compliance cases or granting permits and licenses, lawyers need to know the precepts well.
  • International Law Research: To deal with cross-border cases, lawyers must be well acquainted with international laws, treaties, and agreements.
  • Secondary Sources: Apart from studying legal documents, lawyers must also consult academic journals, articles, and legal commentary to broaden their knowledge. These resources will provide a different perspective that may be useful in some cases.

The Importance of Drafting Skills

Drafting skills act as a foundation for lawyers. In the legal profession, drafting involves writing comprehensive emails, contracts, or court briefs. For any lawyer, drafting is an essential part of their career. If you lack this skill, all your research work goes to vain. For example, you will not win a case where you fail to draft a compelling brief or conduct exhaustive research without being able to present your findings in a coherent, persuasive manner. Research and drafting skills are two sides of the same coin. Each one completes the other. Therefore, along with good research skills, lawyers must imbibe and learn the art of drafting. To make it more viable, these traits are added to the law school curriculum.

Essential Legal Documents

Lawyers cannot adopt the same drafting techniques to draft all legal documents. Different documents require different skill sets. Some legal documents are discussed below that require efficient drafting skills.
  • Contracts: Many legal relationships are based on legal contracts. Lawyers must include definite and distinct terms for such contracts excluding disputes.
  • Briefs: Briefs are the linchpin of litigation. Lawyers present their arguments based on briefs.
  • Pleadings: These are official documents that include facts and figures of a party in a legal case.
  • Wills and Trusts: These contain information regarding money and property. Lawyers have to make sure that their client's wishes are fulfilled after their passing.

Drafting helps in Finding Loopholes

Sometimes, while drafting, lawyers need some additional information related to the case. This is when research skills play a major part. Consider a scenario where you have to draft a contract that involves details on consumer protection laws. To make your draft effective and informative, you will do detailed research on the topic and then the relevant information in your drafts.

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A well-drafted document can be used for future reference by other legal professionals. Therefore your draft must be adequate and competent including all the relevant information.

Educational Pathways to Develop Research and Drafting Skills

Lawyers need to polish their research and drafting skills needed to reach new heights in the legal hierarchy. Here are some of the ways to learn these skills.
  • Law School Courses and Clinics: In law schools, your professors are the best means to learn. This is your learning space so take full advantage of the resources supplied to you during the course.
  • Online Courses: Enroll in online courses. You can learn from these courses at your own pace and comfort without abiding by any routine.
  • Mock Trials and Moot Courts : These simulate real-world practice. Lawyers can test their research and drafting skills by taking these sessions without any fear of losing or any negative result.
  • Internships and Clerkship: Doing internships with law firms or being a clerk for the judges, provides invaluable professional experience in law, which is crucial for research and drafting skills.

Research and Drafting Skills for Aspiring Lawyers FAQs

How much can I earn from contract drafting?

From legal drafting, one can earn approximately 8-10 lakhs. In many cases, a fixed fee has become the norm through law firms prefer an hourly billing model.

What are the major steps necessary for doing legal research?

The major steps necessary for legal research include the following points. 1. Identify the legal issue 2. Gather background information 3. Identify the key terms and concepts 4. Find relevant primary sources 5. Analyze the primary sources 6. Write a legal memorandum.

What is the salary of a drafting lawyer in India?

A drafting lawyer in India earns approximately INR 1.0 Lakhs/- to INR 22.0 Lakhs/- annually.

What are the 5 stages of legal research?

The 5 stages of legal research are as follows. 1. Formulate a Research Plan. 2. Consult Secondary Sources. 3. Consult Primary Sources. 4. Expand Primary Law and Update Primary Law. 5. Analyze & Organize Results

How many types of legal documents are there?

Some of the legal documents are mentioned below. 1. Contracts: Many legal relationships are based on legal contracts. Lawyers must include definite and distinct terms for such contracts excluding disputes. 2. Briefs: Briefs are the linchpin of litigation. Lawyers present their arguments based on briefs. 3. Pleadings: These are official documents that include facts and figures of a party in a legal case. 4. Wills and Trusts: These contain information regarding money and property. Lawyers have to make sure that their client's wishes are fulfilled after their passing
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