Guidance for Effective Legal Drafting by Justice Suryakant

In a significant address at the Supreme Court Advocates on Record Association (SCAORA) facilitation function, Justice Suryakant emphasized the pivotal role of skilled legal drafting in shaping case outcomes. Speaking to newly appointed Advocates on Record (AoRs), he shared valuable insights into mastering the art of "convincing drafting."

• Judicious Disclosure of Facts: Justice Suryakant stressed that advocates must know when to disclose specific facts and ensure that relevant details are not concealed from the court. He advised, “Disclose all those facts which are required to be disclosed, but don’t say anything without which your case can stand. Avoid unnecessary repetition, but do not conceal something that needs to be disclosed.”
• Balance Between Disclosure and Brevity: Avoid unnecessary repetition while ensuring that vital facts are presented. Striking this balance is key to drafting effectively.
• Drafting as an Acquired Skill: He highlighted that effective drafting is an art not taught in law schools but developed through practice and experience. He described it as a crucial skill for influencing judicial opinion.
• Narrative Structure and Logical Flow: Justice Suryakant emphasized the importance of crafting petitions with a logical sequence of events to maintain the reader’s curiosity. He noted, “When the judge reads the first paragraph, they should feel compelled to read the next one. If events are well-connected, you can persuade them to read until the last paragraph.”
• Strategic Focus in Petitions: Sharing his experience, he explained how he redrafted a bail application brought by a junior, shifting focus from defense arguments to essential facts like FIR details. He stressed that drafting should align with strategic legal framing.
• Impact of Quality Drafting: Justice Suryakant recounted how meticulous attention to drafting quality significantly boosted his career as a first-generation lawyer. His drafting skills earned him recognition and opportunities from leading lawyers.

Justice JK Maheshwari, who was also present at the event, underscored how well-drafted petitions can sway judicial inclinations, even in cases with limited substance. Conversely, poorly drafted submissions can undermine strong cases. Furthermore, Justice KV Viswanathan also reminded AoRs of their responsibilities, stating, “Recognition comes with responsibility towards both the institution and litigants.”
The event highlighted the foundational importance of legal drafting in advocacy, offering invaluable guidance for AoRs embarking on their professional journeys.