Speaker 1: And, what should be the tips for better legal drafting? Let us discuss some of these. Need not say more. Next. Should always exercise this maxim, two ears and one mouth. Suno sabki aur apne man ki nahi karo. Client ke interest ki? What is legally enforceable? What is legal permissible? Only that. So, why this principle is important? Because, when you are drafting a contract, you get to hear, or rather you are made to hear, to so many parties. Right? Your own client, your client's marketing team, and this and that, 10 people from your client, maybe 10-15 people from the other client's side, client, their lawyers and so on. The mediator, or jise hum broker ya dalal kya sakte hain, jo in parties ko milwara hai. Sometimes government authorities are also involved. SEBI may be involved, RBI may be involved, and so many authorities may be involved. So, you may have to listen to all these different parties, with different expectations, different notations, different psychology, and so on. Right? But, what do you do ultimately? You do what is most beneficial to your client, and within the parameters of law. It has to be legally permissible. Even if your client wants something illegal to be put in, you would advise your client against it. That this will not hold good. Even if you were to put in, this will not hold good. Right? So, listen more, speak less. Speak less ka matlab, likhna kam hai aapne. Sunne ko toh bahut kuch milega, ki yeh bhi daal do, yeh bhi daal do, yeh bhi daal do. But, you incorporate only what is important, relevant, and legal, and beneficial to your client. Right? Client is your universe. Whatever you incorporate in your draft, has to be legally enforceable and beneficial to your client. Otherwise, there is no point. Next. Be a miser with words. Ek samay tha, jab lawyers ko per word or per page, paise milte the. Today, we are not living in that world. Toh words kyon waste karne hai phir? Right? Unless, client ne bola hai, ki sir, aapko ek hajaar upay per page ke dunga, toh agreement ke. Sir, itne saal ho gaye practice ke, kabhi aata hai koi aisa client? Client ne toh utna hi paise dene hai. Toh aapko vahi provisions daalne hai, which are relevant to the context and the subject. Not a word less, not a word more. Be a miser with words. Every word in your sentence, should deserve its place. Koi shabd phalto kharch nahi karna hai. All the artisans, work with their tools. Right? Agar kisi keel ko, das athodon ki zaroorat hai, toh das hi athodon maare jaayenge na, pandhra maaroge toh, useless ho jaayega. Right? What are a lawyer's tools? Lawyer's tools are, words. So, be a miser with words. Repetition nahi karna, aur phalto kuch nahi likhna. And, hum me se kisi ne marriages attend ki hai? Kuch ek ne marriages ki bhi hongi? Not all of us can be happy forever, right? Have you all attended marriages? If not, married? Still, marriage attend toh sabhi nahi ki hongi? In which language, are the marriage mantras recited? Recited? Okay, nice. Kitne log ko marriage ke mantras samajh mein aaye hai? Sir, aapne marriage ki hongi? Marriage ke mantras samajh mein aaye the? Later on nahi, uss samay ki baat karein. Later on toh, humara kaam hi bahi hai na, later on wali problem si toh hum soljate hain. Humara profession hi later on pe based hai. Toh sir, bataye pehle, mantras samajh mein aaye the ya nahi aaye the? Aur agar nahi aaye the, toh shadi kyun ki?

Speaker 2: See, whether you understand the mantras or not, at least we know the sanctity of the marriage. Number one. Some mantras which we understand are the ones which are frequently repeated in the movies or which comes to our knowledge. For that matter, not only marriage, any mantra recited by a pandit is Greek and Latin for us. Because we simply trust them and it is never part of our syllabus. We understand, but as far as marriage is concerned, it is enough if you understand the essence of it and try to implement it. And both of you are congenial, compatible, that's enough. But nowadays, because of this explosion of knowledge on internet and we get to know everything.

Speaker 1: Right. But, my marriage went through. Shadi karli, aapne bhi karli sir. Aur sabne bhi karli, jitne log married hai. Why? Despite not being able to decipher the mantras. What are our rights? What are our obligations? We still went through with the transaction. Same happens with a contract. If you put too much of legalese into it, both parties, lawyers may understand it. Client may not understand it. Still, the contract will go through. Why? One, is the trust factor, as you rightly put up. Two, the parties have already made up their mind that the transaction will go through. Contracts are more or less a formality. Right, sir? Contracts are just good housekeeping. A matter of record. Ya, kabhi dispute ho, toh usse resolve karne ke liye us contract ka use kiya jaayega. Parties have already made up their mind to execute the contract. But, is that correct approach? Approach? Kya hamare contracts marriage mantras ki tarah hone chahiye? The parties should be able to understand what is there, what works to their benefit, what works to their disadvantage in a contract. Aisa nahi ho, ke aapki shadi aur panditji sharaad ke mantra padh rahe ho. Parties ko toh samajh mein aayenge nahi. Mundan ke mantra padh rahe ho. Kyu? Dhula-dhulan bechare thake hua hai, sobe se teen-teen se unke party ho rahe hain, kabhi DJ ho rahe hain, kabhi mehndi ho rahe hain, kabhi bachelor party ho rahe hain, kabhi cocktail ho rahe hain. They want to be done with all this, right? Dhula-dhulan ke mata-pita gift sametane mein lage hua hain. Dhulan ke saheli hai bechari, chappale chhupane mein lage hua hain, jute chhupane mein lage hua hain, dhule ke dos saare waise talli hain, koi nali mein padha hua hain, koi kahin padha hua hain, koi kahin padha hua hain. So, no one cares, really. Same happens with contracts also. A big client is not very big client having a very big legal team in house. A small or mid-sized client may not have the knowledge or the time to go through everything and, you know, put down a critique. So, you have to put it in such language that the client understands what rights and obligations he is getting into. It should not be like marriage mantras. Second is doctor's prescription. Can anyone of us make out a doctor's prescription? Who can? Chemist. Why chemist? Yes, because doctor ki handwriting mein codes hote hain. Is dawaai mein itne percent, is test mein itne percent and so on. So, chemist can make out and the diagnostic centers can also make out. Jitne test likhte hain, mein shard lagata hoon, humme se koi bhi usme se ek test ke naam padh paaye. Nahi hota na. Unless they are writing in capitals. Medical council ne bola hai ki caps mein likhna sab kuch. So, your drafting should be different from marriage mantras and doctor's prescription. Anyone reading it should be able to make out ki kya likhaya aapne. You have to keep the audience of your contract in mind. Not all of them would be lawyers. Not all of them would be arbitrators. Not all would be judges. It may go to police. It may go to RBI. It may go to SEBI. It may go to business people who are to effect the contract. Who have to operationalize the contract. Not all of them may be lawyers. So, keep it simple. As simple as possible. Legally enforceable, that is more important aspect. Yes, next please. Should add value to the client. Need not emphasize more on this.