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From Verba Tertio to Actio: How Legal Drafting Paves the Way for Litigation

In the realm of law, the maxim "Verba tertio ac toto intelligenda sunt" (Words are to be understood in their ordinary and natural sense) holds true for the art of legal drafting. Legal documents serve as the bridge between words and action, as they lay the groundwork for litigation and legal proceedings. In this blog post, we delve into the vital role of legal drafting in paving the way for successful litigation, guided by the maxim "Actiones sunt jure publico privatorum negotia moderatur" (Actions are governed by public law; private matters by private law).


Precision in Communication: Verba ad effectum spectant (Words should be interpreted to give effect to the deed). Legal drafting demands precision in language, ensuring that every word in a document is clear and unambiguous. By adhering to the maxim "Optimus interpretandi modus est sic legere ut legendo aliquid fiat fieri ex alio" (The best mode of interpretation is to read one part of the document by another), drafters avoid ambiguity and lay the foundation for a smooth litigation process.


Building Legal Arguments: "Verba index intentionis" (Words are the index of intention). Legal drafting sets the stage for constructing strong legal arguments. Precise and well-drafted documents facilitate persuasive advocacy, guided by the maxim "Quod non est in actis, non est in mundo" (What is not in the record, is not in the world). Skillful drafting helps advocates present a compelling case in court, allowing the judge to "Veritas non quaerit angulos" (Truth seeks no corners) and arrive at a just conclusion.

Establishing Rights and Obligations: "Jus civile vigilantibus scriptum est" (The civil law is written for the vigilant). Legal drafting ensures that rights and obligations are clearly delineated, preventing disputes and guiding litigation. "Verbis legis non est adimendum" (The words of the law must not be taken away) underscores the importance of preserving the intent of statutes and contracts, safeguarding the parties' interests during litigation.

Complying with Legal Formalities: "Verba volant, scripta manent" (Words fly away, writings remain). Legal drafting adheres to formalities to give documents enduring legal effect. Properly executed contracts and deeds, adhering to the maxim "Ex nudo pacto non oritur actio" (No action arises on an oral agreement), provide the basis for effective litigation, promoting justice and fair resolution.


Conclusion:

In the intricate dance of law, legal drafting emerges as the unsung hero, bridging the gap between words and action. Precision in language, guided by the maxims "Verba ad effectum spectant" and "Verbis legis non est adimendum," becomes the bedrock of successful litigation.


Through clear and unambiguous language, legal drafting sets the stage for compelling arguments, empowering advocates to present their cases persuasively. By establishing rights and obligations with utmost vigilance, drafters prevent disputes and lay the groundwork for fair resolution. Moreover, compliance with legal formalities ensures the enduring effect of documents, as the written words stand the test of time, providing the foundation for effective litigation.


In the world of law, where actions are governed by public law and private matters are regulated by private law, the art of legal drafting remains an essential ally, leading the way to justice in the hallowed halls of the courtroom.


So, let the maxim "Verba tertio ac toto intelligenda sunt" echo in our minds as a reminder of the crucial role of legal drafting in paving the way for litigation success.


With LexDraft Solutions by your side, embrace the power of precise legal drafting to empower your cases and secure justice for your clients. Reach out to us today and unlock the true potential of your legal communications.

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