Legal Drafting Checklist
Legal Drafting Checklist
Don't fear the first draft!
Intro
Having been young lawyers ourselves, we at know the fear of sending out a draft document - be it to a senior lawyer or to a client. You want to do a good job but legal drafting being the way it is, that requires you triple-check all the small details.
That’s why we created this legal drafting checklist - an overview of all the common drafting mistakes that typically manage to sneak into your legal drafting. You can use the checklist below as a final check-up to ensure that a draft is ready to be sent out.
How to use
Checklist
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Grammatical/Spelling/Language
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Grammar/Spelling check
Your word processor’s spellchecker is your friend, but don’t rely on it blindly! It won’t be able to catch things such as:
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Consistent use of semicolons and enumerations
Semicolons are often confused with other punctuation marks. Pay attention to where you put them, and remember that semicolons are not interchangeable with commas or colons. Use a semicolon to connect closely related but independent text.
For example:
The data importer shall inform the data subjects:
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Consistent use of terminology
An example of inconsistent terminology is using both “Supplier” and “Provider” in the same document when you are referring to a single party. Consistency is key!
4
Terms in the document and terms in the definition list are synchronised (so-called ““)
All terms used in the definition list should correspond to terms used in the rest of the document.
A quick way to check for this is to go down the list of terms and use the search functionality, combined with the “Match case” option, to search for capitalised instances of the words in the definition list.
Capitalised terms in the rest of the document should conversely make an appearance in the definition list or should be defined in-line.
Finally, some defined (i.e.: capitalised) terms will be used in the document without a capital letter. This can be done with good reason, but it’s important to double-check whether it is necessary. For example: the term “the Services” can refer to an exhaustively defined list of services and be used alongside the term “the services”, which refers to any other service that fall outside that limited scope.
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Styling
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Consistent numbering & headings
Level 1, 2, 3,… headings should all have consistent font, font size, capitalisation, etc.
Make sure that hardcoded numbering in your titels and subtitels is removed.
Note that some lawyers prefer to have no level 2 headings for clauses with a single paragraph. Your preference is your own, but be consistent. If your organisation has a style guide, definitely check what the preference is on the styling front.
Consider setting some time aside to familiarize yourself with how styling actually works in your word processor of choice - it will save you plenty of headaches and long nights down the road!
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Consistent font
It’s okay to have different fonts in a single document – for example: titles in Arial Bold and body text in Times New Roman. Just make sure whatever setup you go with is applied consistently.
You don’t want to consistently use Times New Roman 12 pt in your clauses only to have one or two clauses in a completely different font because you forgot to match the styling when you copied and pasted.
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Indentation
The indentation is the blank space at the beginning of a paragraph.
Yes, the Tab-key can help in setting up indentation space, but know that it has the potential to significantly mess up your styling. If you are aiming for consistency, use your word processor’s built in styling functionalities to create indentations!
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Paragraph spacing
This is the space before and after paragraphs. Ensure that paragraphs of the same type offer the same amount of spacing.
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Alignment
With text alignment you can set the horizontal alignment of your text.
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Heading styles
Headings give your document a structure and help readers navigate it and understand the content hierarchy. Pick one heading style for each level. Make sure the headings are easy to differentiate.
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Bullet styles
Ensure consistency in how bullets are displayed and know that that there are different levels, that correspond with different kinds of indentations and different symbols.
Example of the different variations:
Bullet level 1: *
Bullet level 2: (i)
Bullet level 3: a)
Besides choosing the style of your bullets you can also change the distance of the bullet indent from the margin.
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Numbers in body text
Different lawyers have different preferences when it comes to written numbers in the text of a document.
The use of both numbers and letters is highly outdated, but you will still see some lawyers insist that you use it. The key here is to be consistent.
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Date notation
First, the legal expectations for date notation vary between countries, it is important to be aware of the form that is used in a particular country.
Second, harmonize the date notation throughout the whole document, to avoid confusion and ensure accuracy.
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Quotation marks
Use the same type of punctuation marks to set off direct speech, a quotation, or a phrase (e.g. “ “ or ‘ ‘). Quotation marks can be curly or straight so make sure you consistently use the same type in a pair.
Also double-check whether each opening quotation mark has a related closing quotation mark. Searching your document for a quotation mark should always yield an even number.
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Consistent headers or footers
Make sure any section breaks are accounted when setting up page numbering. These can sometimes cause:
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Miscellaneous
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Get your facts straight
Any factual information that you already know of should be filled out correctly – e.g.:
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Search for “[” and ”]” to complete or remove any square brackets where necessary.
Square brackets are universal designations of placeholders (e.g.: [name]).
If you want to include placeholders, make sure you have a closing bracket for each opening bracket and vice versa.
If you want to remove/fill out placeholders, make sure you remove the brackets.
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Exhibits and schedules are in correct sequence in the document and correctly tied into the actual exhibits and schedules
Many documents that contain exhibits, schedules, annexes, etc. will have a list of these documents – typically in either a designated list or in a general table of contents.
It’s important to match the numbering in that list with the actual numbering of the attached documents.
4
Double spaces removed
A quick double-tap of the space bar is an easy mistake to make. The replace all functionality in most word processors (Ctrl/Cmd + H) allows you to replace all double spaces with a single space.
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Cross-references all functional
Select all text in the document (Ctrl+A) and refresh your cross-references (F9). Then search (Ctrl+F) for “Error!” to find any error notifications for broken cross-references (typically portrayed as “Error! Reference source not found.”).
Note: this only works if you use dynamic cross-references and not hardcoded references. If you are still using the latter, you have bigger problems to worry about.
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Cross-references are consistent
Make sure to use the same terminology for referring to a clause or annex (e.g.: “section”, “clause”, “article” / “annex”, “appendix”, “schedule” – always be consistent)
Furthermore, some lawyers like to reference a clause or Annex by including its title in brackets. For example: “Notwithstanding article 3 (Confidentiality)” or “... as set out in Schedule 3 (Pricing)”. You are entitled to your own opinion on which is better, but be consistent.
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Remove drafting notes
Few things are more embarrassing than sending out internal comments/reminders/thoughts, especially when you send out a document to a client.
These drafting notes can take the shape of:
If you are working with Track Changes in Microsoft Word make sure that the necessary changes are removed. Navigate to the “Review” tab and accept all changes.
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Final notes
If you’re tired of repeating the same checks over and over and want to explore a new way of drafting, then check out our document automation platform and MS Word plugin !
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