Try and use simple words while drafting. Avoid over legalising words.

Have a good command of English Language. Avoid exchanging English spelling with American spelling.

• Full stop (.) – It signals the end of a complete sentence when that sentence is not a question or exclamation. E.g. my father is a lawyer. Other uses of a full stop include: when there is an abbreviation e.g. Dr. instead of Doctor
• Ellipsis (…….) – it shows there has been an omission in the text
• Question mark (?) -
• Exclamation mark (!) – this is used to show surprise. It is rarely seen in legal text. Legal drafting doesn’t really accommodate exclamation
• Comma (,) – it shows a small pause in a statement, it is also used to separate items in a statement or a part of sentence from other parts. Also use it after nonetheless, therefore. It can also be used in large figures.
• Colon (:)–it is used to introduce a list and to separate a sentence which has a consequential part and that consequential part expands the substance of the main clause. It is also used to introduce long quotations which begin on a new line
• Semi colon (;) – it may be used to introduce two balance statements containing a paradox. However if the sentence is too long, its advisable to just break the sentence into two.
• Bracket (())– they are used in pairs – opening and closing. It is used to state the equivalent of figures in words
• Quotation marks (“ ”)
• Hyphen (-) – used to show compound words
• Apostrophe (‘) – it can be used to show possession

From – its exclusionary. It excludes the date mentioned unless an intention to depart from the general rule is shown. S 15 (2)(a) of the interpretation act 

Month – this means a gregorian calendar month s 18 of the interpretation act. Note that there is something called a “clear month”

Structure for legal statements

COODE has proffered a structure for legal statements. He says any legal statement has the following components:

1. Case – present situation
2. Condition
3. Legal subject
4. Legal action.

Paragraph

It shows a collection of different statements or sentences conveying a particular meaning or idea. In most legal draft you’re required to do proper paragraphing.

STAGES OF DRAFTING

• Understanding instructions
• Analysing the instructions taken
• Design the draft
• Composition Stage
• Scrutiny stage

These steps would be followed when you’re drafting a legislative bill, deed, letter, originating processes – statement of claim, written addresses, affidavit, pleadings, power of attorney.

1. Understanding instructions – the instructions should be written down so no point would be left out. There must be a clear understanding, by asking question on areas that are not clear. Ensure that the instructions given are legal and within the bounds of the law. Without a good grasp of the instruction the remaining stages of drafting may not be able to be carried out.

2. Analysing the instruction – trying to assimilate the

3. Designing the draft – this gives a frame of what the draft will look like. It arranges the draft in a logical sequence. This isn’t the final draft it just gives an outline of what the draft will look like. How many parts, section it will have.

4. Composition stage - avoid the use of archaic words, ambiguity, verbosity, use of excessive legal words, plagiarism, tautology. A drafter should be cautious not to rely heavily on precedents while composing the draft. Problem with relying too heavily on precedents –it can lead to blindness lifting

5. Scrutiny stage –this entail review of the work done. Ensure that the whole of the instructions given in the first stage have been abided with and exhaustively complied with. To show paragraphing techniques have been adopted. Ensure that you have references and cross-referenced properly and grammatical errors are avoided. Best way to ensure a work is properly scrutinised is by peer review. This is giving the work to someone else for their opinion, correction and contributions. Also it is unlikely that a person who drafted a work will spot errors easily in it immediately.

Examples of common errors

1. 4g cell phones are a newinnovation
2. The eveningsunset was beautiful
3. I need a hot water heater
4. Charlie told his mum that he made it for her with his own hand
5. My first priority is to lose weight
6. There is a lot of frozen ice on the road
7. I know it is true because I heard it with my own ears
8. She always over exaggerates
9. In Rome we saw the dilapidated ruins
10. This is totally and completely ridiculous
11. In my opinion I think he is wrong
12. The storm hit at 2pm in the afternoon
13. The student will take turns one after the other
14. They hiked to the summit on the top of the mountain
15. I'm sorry to hear about your sad misfortune
16. No worries, its all well and good
17. The hotel room wasn’t great but it was adequate enough

Assignment

Write a letter to your client informing him of the matters you’re handling for him, there were two matters in the same court premises but before different judges and they were both adjourned. In the same letter he also asked you to conduct a search at the CAC regarding a name he has sent to you on a company he wants to incorporate, but that name is not available so you’re advising him on the next step regarding that matter. Finally you’re reminding him of a meeting you both have with his bank manager regarding a loan facility that he wants to collect – the bank manager at a previous meeting asked for certain documentation. The documents are now ready.

Oyewole Gold Legal Practitioners

2 Ikoyi Drive, Victoria Island, Lagos

19^th January 2018

Edward Osike

15 Abakaliki Quarters,

Ahmadu Bello Road,

GRA, Ikeja,

Lagos.

Dear Sir,

RE: LITIGATION MATTERS, INCORPORATION MATTER, LOAN FACILITY

The purpose of this letter is to update you on the following matters:

With regard to the above subject matters we write to inform you as follows:

In respect of the matters being held at the High court of Lagos state

1. Action for Defamation: This matter was presided by Justice Supreme Unukegwo. After an application for extension of time by the opposing counsel the matter was adjourned to 15^th February 2018
2. Action for forfeiture: This matter was presided by Justice Onome Kingsley. After our closing submissions were made the matter was adjourned to 12^th February for hearing.

Incorporation matter

Loan facility

Thank you, we look forward

Yours Faithfully,

Tinuade Oyewole

Oyewole Gold Legal Practitioners