Learning Outcomes
After reading this article, you will be able to identify and apply the principal requirements for high-quality legal drafting, including effective proofreading and error detection. You will understand the common causes of drafting mistakes and how to use version control to minimise risk and manage amendments. You will be prepared to implement practical techniques to ensure accuracy and accountability in your written work for SQE2.
SQE2 Syllabus
For SQE2, you are required to understand the best practices for producing accurate, complete, and professional legal documents. Pay particular attention in your revision to:
- the purpose and process of proofreading in legal drafting
- typical errors found in legal documents and how to identify them
- techniques for systematic and efficient error-checking
- the principles of version control and recording changes or amendments
- best practices for collaborating and submitting final drafts
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the primary objective of proofreading in the context of legal drafting?
- Identify three typical types of error that commonly occur in legal documents.
- Explain the importance of version control when reviewing and amending drafts.
- What is a practical method for recording changes and ensuring only the correct draft is signed?
Introduction
Drafting legal documents for SQE2 requires absolute attention to detail and quality control. The standard expected of a solicitor is high: you must ensure your documents are clear, free of typographical and structural errors, and accurately reflect the client’s instructions. Proofreading and version control are critical components that underpin reliability and professionalism in legal drafting.
The Importance of Proofreading in Legal Drafting
Proofreading is the systematic review of your draft to catch and correct errors before the document is finalised. It is an essential stage in the drafting process, often the difference between a competent and an inadequate legal document.
Key Term: proofreading
Proofreading is the careful examination of a draft to check for and correct errors in spelling, grammar, content, formatting, and cross-references before finalisation. Proofreading is not just a cursory glance. It requires structured checking to ensure every relevant section is accurate, legible, and compliant with the client’s requirements and the law.
Common Causes of Drafting Errors
Errors in legal drafting arise from several sources. Awareness is the first step to their prevention:
- Rushing to meet deadlines and failing to review the draft in detail.
- Poor note-keeping of instructions or amendments.
- Multiple authors or editors creating confusion in the text.
- Over-reliance on "copy and paste" from precedents without adapting to the present case.
- Inadequate attention to document formatting and numbering.
The types of errors found vary, but typically include:
- Typographical mistakes and autocorrect errors.
- Inaccurate or inconsistent numbering of clauses and paragraphs.
- Incorrect cross-references (e.g. referring to a clause that does not exist).
- Repeated or omitted words, clauses, or schedules.
- Outdated organisational details, party names, or addresses.
Systematic Proofreading: How to Check Effectively
Proofreading should be considered a structured task, not a passive process. Apply the following steps for all legal documents, particularly for SQE2 assessments:
- Read the entire document slowly, line by line. Reading aloud can help catch missing or repeated words.
- Use a checklist that covers spelling, grammar, party details, clause numbering, formatting, dates, and signatures.
- Cross-check all cross-references and defined terms. Ensure each is correct and consistent.
- If the document was prepared using multiple drafts, compare the current version to the previous draft to confirm all intended changes are present and correct.
- Double-check standard “boilerplate” clauses, such as notices or execution blocks, for accuracy and relevance.
Key Term: boilerplate clause
A boilerplate clause is a standard provision commonly found in legal documents, such as governing law, severance, or notices clauses.Key Term: cross-reference
A cross-reference is a reference in the document directing the reader to another clause, schedule, or annex within the document.
Efficient Error Correction Techniques
When an error is identified:
- Correct it immediately in the draft, but keep a record if the correction is material or agreed with another party.
- Ensure the same correction is applied throughout the document if relevant (e.g. a name or date appearing in multiple places).
- Where amendments are made following feedback or comments (coloured pen or track changes), verify that all requested changes have been implemented and clearly marked.
Worked Example 1.1
You finish drafting a tenancy agreement and during review notice that the rent amount appears as £950 in the summary table, but as £900 in clause 4. What should you do?
Answer:
You must amend the document so the rent is stated consistently throughout, confirm which figure is correct according to client instructions, and proofread the whole document again for consistency. This prevents any ambiguity or dispute at a later stage.
Version Control: Managing Multiple Drafts and Amendments
Version control is the process of managing and recording changes made to a document during drafting and negotiation. It is essential in legal practice to prevent mistakes, disputes, or signing of an incorrect document.
Key Term: version control
Version control is the management and recording of each draft and amendment of a document, with clear identification of the current approved version. All changes to the draft must be traceable. This can be achieved by:
- Using clear document names and including draft/revision numbers and dates.
- Maintaining a complete file of every draft, marked with amendment details or colour coding for successive changes.
- Employing software tools, such as Track Changes, to show additions and deletions.
- Ensuring that only the most recent, verified version is used for signing and submission.
Typical Version Control Problems
Errors in version control risk serious professional consequences. Common pitfalls include:
- Amending and circulating an outdated draft.
- Losing track of which party’s amendments have been added or omitted.
- Failing to review "tracked changes" before finalising and sending the document.
- Retaining comments or hidden text in the final signed version.
- Accidental execution of an old or incorrect draft.
Worked Example 1.2
You are finalising an employment contract and receive amendments from the client. You update the main draft, but a colleague sends an unamended earlier draft for execution. The document is signed and returned. What should be your response?
Answer:
As soon as the error is discovered, you must notify all parties immediately. Arrange for the correct, amended contract to be executed. Explain—in writing—how the mistake occurred, and review your version control procedures to prevent recurrence.
Practical Tips for Proofreading and Version Control
- If time allows, review your draft the following day with fresh eyes.
- Print out the document and review on paper, as some errors are missed when viewing on-screen.
- If collaborating, ensure all amendments are received and consolidated in a single document before submission.
- Delete previous draft numbers, “track changes” marks, and metadata before sending the final version.
Worked Example 1.3
You have exchanged several drafts of a commercial agreement via email. The counterparty returns two versions: one with visible comments and one marked "final." Which do you use for execution?
Answer:
Always check the “final” version for hidden changes and comments. Accept or reject all changes, and confirm with the other party which document is approved for signing. Only execute a document that has been fully reviewed, with all comments and editing marks removed.
The Role of Quality Control in Client Care and Professional Practice
High-quality drafting is fundamental to professional client care. Errors or poor record-keeping may lead to:
- Disputes between parties as to the meaning or agreed terms.
- Loss or delay of transactions if mistakes are not caught prior to signing.
- Damage to your professional reputation or possible claims of negligence.
Instilling rigorous proofreading and version control habits at the trainee stage is essential preparation for legal practice and passing SQE2.
Revision Tip
Take extra care with cross-references and clause numbering if you have moved clauses during amendments—misnumbering is a frequent error.
Key Point Checklist
This article has covered the following key knowledge points:
- The purpose of proofreading is to detect and correct all errors before finalising a legal document.
- Common errors include typographical mistakes, inconsistent numbering, and inaccurate cross-references.
- Systematic checking using a checklist and reading line by line improves accuracy.
- Version control is critical; ensure only the latest, correct draft is signed or submitted.
- Amendments should be clearly recorded, and only one verified draft should be used as the primary document.
- Poor proofreading or version control may lead to legal disputes, client dissatisfaction, or liability for mistakes.
Key Terms and Concepts
- proofreading
- boilerplate clause
- cross-reference
- version control