SQE2 Legal Drafting

The Legal Drafting task in SQE2 is a computer-based assessment that evaluates a your ability to draft legal documents in a way that is clear, logically structured, and legally sound. In this exercise, you are given 45 minutes to prepare a legal document or part of one, often simulating what a solicitor would do in day-to-day practice in the context of Business Law and Practice, Criminal Practice, Dispute Resolution, Property Practice, or Wills and the Administration of Estates. The format may vary as you might be required to draft from scratch, amend an existing draft, or work from a precedent.

Legal drafting differs from legal writing in its formality and purpose. While legal writing typically involves letters or emails aimed at explaining or negotiating legal issues, legal drafting centres on constructing the legal instruments that define the parties’ rights, duties, and obligations. Depending on the practice area, you may be asked to draft a clause in a contract, a statement of case, an order, a deed, or other formal legal documentation. This demands not only a good command of language but also a precise understanding of the legal implications of the words and phrases used.

Clarity, precision, and conciseness are vital. You must use language that reflects standard legal practice: defined, consistent, and free of ambiguity. Legal documents must not only be readable but must also avoid any risk of misinterpretation. Therefore, you should avoid redundant or overly complex phrasing, use terms of art appropriately, and ensure that the drafting accurately reflects the parties’ true legal intentions.

An effective draft is also well-structured. You must present the document in a logical order, using correct formatting, numbering, and headings where applicable. Each section should flow naturally into the next, with clauses grouped sensibly to reflect the structure of a standard legal document. Logical arrangement aids not only comprehension but also enforceability and professional presentation.

The legal accuracy of the draft is crucial. You are assessed on your ability to correctly apply the relevant law to the situation at hand, reflecting your understanding of how legal principles operate in real-world transactions or disputes. A strong performance will also show comprehensive application, so you are required to anticipate foreseeable legal issues, cover all necessary elements of the transaction or procedure, and leave no critical gaps.

Finally, ethical and professional considerations must be factored into the drafting. You must be alert to potential ethical issues, such as conflicts of interest, duties to the court, or confidentiality, and ensure that the document complies with the relevant professional conduct standards. Where such issues arise, you must show sound judgment in resolving them appropriately.

In summary, the legal drafting task in SQE2 is a practical assessment of your ability to produce well-written, properly structured, and legally robust documents. It simulates a core responsibility of a solicitor that turns legal advice into enforceable, compliant legal instruments that serve the client’s best interests.