SQE2 legal drafting: how to draft a document that works
SQE2 legal drafting gives you about 45 minutes to produce a legal document, such as a clause, a statement of case, a witness statement or a will. Assessors look for the right format, precise language, correct law and an eye for risk and ethics.
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What the assessor is looking for
The criteria for drafting cover relevant facts, a logical structure, clear, precise and concise language, and a format and style suited to the document. The law criterion asks that the document reflects the correct law and covers what it should. Ethics is marked in drafting too.
A drafted document is not an essay about the law. It is a thing the client will sign, file or rely on. If it is wrong or unclear, it can cost the client money.
A five-step approach
- Read the instruction. What is the document? Who will use it? What must it achieve?
- List the contents. What must it contain by law or by the client's instructions? Write a skeleton in the margin.
- Choose the format. Use the conventional layout for that kind of document. A court document has a heading, parties and statement of truth. A will has an opening revocation clause, appointment of executors, gifts and an attestation clause.
- Draft in plain, precise words. One idea per sentence. Name people and things consistently.
- Check against the instructions. Tick off every instruction, date, name and sum. Ask what would go wrong if the other party read it unkindly.
Drafting rules that earn marks
- Define a term once and use it every time. Do not swap 'Buyer' for 'Purchaser' halfway.
- Use 'must' for an obligation and 'may' for permission. Be consistent.
- Give dates and amounts as exact figures and say who does what.
- Avoid vague words: 'promptly', 'reasonable' without context, 'soon'.
- Number clauses and check cross-references.
- Say what happens on default or breach, where the task calls for it.
- Keep to the client's instructions. Do not add terms they did not ask for.
Before and after
Instruction: draft a payment clause. The client sells a van and wants payment in two parts.
Weak: 'The Buyer shall pay the price soon after the Seller gives them an invoice and the rest later.'
Stronger: '2.1 The Buyer must pay the Price to the Seller in two instalments. 2.2 The Buyer must pay the first instalment of £4,000 within 14 days after the date of the Seller's invoice. 2.3 The Buyer must pay the second instalment of £4,000 on or before 30 June 2027. 2.4 If the Buyer does not pay an instalment when due, the Seller may charge interest on the overdue sum.'
The stronger version names who pays whom, gives exact sums and dates, and states a consequence. It cannot be read in two ways. In a real task you would also check whether the instructions fixed the interest rate.
Know the common formats
- Particulars of claim: a heading, parties, a concise statement of the facts relied on, the claim made, interest if claimed, and a statement of truth (CPR Part 16 and CPR Part 22).
- Witness statement: first person, in numbered paragraphs, in the witness's own words, with a statement of truth (CPR Part 32 and its Practice Direction).
- Will: follow Wills Act 1837, s 9: in writing, signed, two witnesses present at the same time. Include a revocation clause and an attestation clause.
- Contract clause or agreement: parties, definitions, obligations, payment, termination, governing law.
- Letter or notice: follow any form the contract or law requires, including how and when it takes effect.
Use the CPR extracts in your papers where they are given. Do not rely on memory for form details.
Common mistakes
- Writing an essay instead of the document.
- Wrong or missing format, such as no statement of truth on a court document.
- Vague or inconsistent wording.
- Leaving out something the client asked for.
- Adding material not supported by the instructions.
- Ignoring a risk or ethics point, such as a clause the client wants that would mislead the other side.
- No cross-check at the end.
Legal drafting checklist
- Document type and reader clear.
- Skeleton made.
- Conventional format used.
- Defined terms consistent.
- Each instruction ticked off.
- Dates, sums, names checked.
- Statement of truth or attestation where needed.
- Re-read as the other side would.
Practise one draft per practice area, timed at 45 minutes. See our task list for original drafting tasks.
Practise this now
Share transfer clauses for a shareholders' agreementPassBusiness Law and Practice
Written resolutions to issue shares to a new investorPassCriminal Litigation
Defence case statement in a burglary identification casePassCriminal Litigation
Witness summons for a nightclub's CCTV and incident logPassDispute Resolution
Defence and counterclaim to a builder's final invoice claimPassDispute Resolution
Settlement terms in a Tomlin orderPassProperty Practice
Drafting easements and covenants on a sale of partPassProperty Practice
Drafting a tenant's break clause in a commercial leasePassWills and Probate
Drafting will clauses for an elderly clientPassWills and Probate
Will giving a spouse the right to live in the home
Templates and worked examples
Questions
How long is SQE2 legal drafting?
Typically 45 minutes. It is written and appears once on each of the three written days.
What kinds of documents are drafted in SQE2?
Court documents such as particulars of claim and witness statements, contract clauses, wills and notices or letters with legal effect. Prepare the usual format for each.
Do I need to memorise precedents for SQE2 drafting?
No. Learn the layout and contents of common documents and use the materials you are given. Your own clear drafting matters more than recalling stock wording.
How is drafting marked?
A solicitor marks it on skills (format, structure, language), on application of law, and on ethics.
What is the most common drafting error?
Vague wording. Say who must do what, by when, and what happens if they do not.
Related
- SQE2 legal writing: how to write a strong answer in 30 minutes
- SQE2 dispute resolution: what the tasks look like
- SQE2 wills and probate: what the tasks look like
- SQE2 mock: how to run one that helps
- SQE2: what it tests and how to prepare
Sources: SRA presentation: The SQE2 assessment; Law Society: SQE1 and SQE2 assessments; Civil Procedure Rules; Wills Act 1837. Checked 10 November 2026.