Law Students Struggle With Legal Drafting: Common Challenges and Solutions–
Legal drafting is an important skill for every law student, but many find it very difficult. The first reason is lack of practical experience. Most students only study theory and do not get enough exposure to real documents like plaints, petitions, or contracts. Second, legal language is often confusing because it uses many complex terms. Students also struggle because they do not fully understand procedural laws like CPC, BNSS, or the BSA. These laws decide what a legal document must contain.
Another major challenge is learning how to structure a draft properly. Students find it hard to present facts clearly and write concise arguments. Many depend only on templates and feel afraid to write original drafts. Colleges also provide limited training, which adds to the problem. Lastly, students who do not read enough case laws or pleadings find drafting more difficult.
With regular practice, good guidance, and real-world exposure, students can slowly master legal drafting.
Legal drafting is one of the pillars of the legal profession. Whether a student chooses litigation, corporate law, compliance, judiciary, or academia—drafting remains an essential skill. However, despite its importance, legal drafting is one of the most challenging areas for law students across India and the world.
This blog explains why law students struggle, identifies the common problems, and provides practical solutions to overcome them.
1. Lack of Practical Exposure
Most law schools focus heavily on classroom teaching and theoretical understanding. Students learn concepts like “what is a plaint” or “what is a contract,” but they never actually draft one. Without exposure to real drafting during internships or clinics, students cannot connect the dots between theory and practice.
Common examples:
Students read about Order 7 Rule 1 CPC but never draft a plaint.
They memorize the meaning of a legal notice but never write one.
They study contracts but have never opened a real agreement.
Why this is a problem
Legal drafting is learned by doing, not by memorizing. When students enter the real world and face their first draft, they feel lost.
2. Complexity of Legal Language
Legal drafting uses:
archaic words,
Latin expressions,
long and formal sentences,
precise legal terminology.
Words like hereby, thereto, henceforth, inter alia, confuse beginners. Students are unsure whether to use traditional legal language or modern plain-English style.
Why students struggle
Fear of making mistakes
Over-dependence on jargon
Difficulty adapting to formal writing styles
Confusion between simple English and legal English
3. Weak Understanding of Procedural Laws
Drafting cannot exist without procedural laws. For example:
A plaint comes from CPC
A bail application comes from CrPC
A written statement follows specific CPC rules
A contract must comply with the Indian Contract Act
An affidavit must follow rules of evidence
Students often treat procedural laws like theory subjects and fail to see that they are practical tools.
Why this affects drafting
Without knowing:
what must be included,
how to format,
the jurisdiction,
the reliefs,
the limitations,
a student cannot prepare a valid legal document.
4. Difficulty Structuring Legal Documents
A legal draft must be organized logically. The challenge is not only writing but deciding what to write and in what order.
Common struggles
writing relevant facts
eliminating unnecessary details
organizing content chronologically
drafting clear prayers and reliefs
maintaining flow and clarity
Students often mix arguments with facts, add emotional sentences, or repeat information, which weakens the document.
5. Fear of Original Writing
Many students:
copy seniors’ drafts,
rely on templates,
download ready-made formats.
Templates are good for beginners, but relying on them too much stops students from developing their own drafting style.
Why this happens
lack of confidence
fear of mistakes
no guidance
pressure to look “professional”
6. Limited Training in Colleges
Not all law colleges provide strong drafting training. Many have only:
one drafting course,
no practical workshops,
no simulation exercises,
teachers who focus on theory.
Students rarely get line-by-line feedback on their drafts, so they do not know how to improve.
7. Lack of Reading Habit
To write well, you must read well. Many students do not read:
judgments
petitions
plaints
affidavits
contracts
Reading these helps students understand structure, tone, vocabulary, and flow.
Why reading matters
The more legal documents a student reads, the more naturally they learn drafting patterns.
How Law Students Can Improve Legal Drafting
Practice drafting every week
Read real legal documents
Study procedural laws deeply
Seek mentorship from lawyers
Attend drafting workshops
Participate in internships
Write in simple, clear language
Start with templates but don’t depend on them
Conclusion
Legal drafting is a challenging skill because it requires the perfect combination of theory, language, logic, and structure. It is not simply about writing; it involves understanding the law, interpreting procedures, organizing facts, and presenting arguments in a precise and professional manner. Many law students struggle with drafting because they are not exposed to enough practical training during their academic years. Most universities focus heavily on theoretical subjects, leaving students unsure about how to apply their knowledge in real-life situations. As a result, when they sit down to draft a plaint, a bail application, a contract, or even a simple legal notice, they often feel confused and underprepared.
Another reason for this difficulty is the complex nature of legal language. Legal documents often use formal terms, Latin phrases, and long, structured sentences that can be intimidating for beginners. Students may find it hard to balance using correct legal terminology with maintaining clarity and simplicity. Additionally, a weak understanding of procedural laws such as the Civil Procedure Code, Criminal Procedure Code, and the Evidence Act further complicates the drafting process. Since each legal document must follow a specific format and legal requirements, students who lack procedural knowledge face trouble creating accurate drafts.
Limited guidance is also a major issue. Many students rely heavily on templates or seniors’ drafts instead of developing their own writing skills. Without proper mentorship, feedback, or practice, they find it difficult to build confidence in drafting independently.
However, these challenges can be overcome with consistent effort. Regular writing practice, reading actual legal documents, studying procedural laws deeply, attending internships, and seeking mentorship from experienced lawyers greatly improve drafting ability. With the right habits and real-world exposure, any law student can gradually master legal drafting and build a strong foundation for their legal career.