Lesson 4 of 4
Legal research, drafting style and the legal interview
2 min read
Legal research
- Identify the legal issue precisely.
- Start with the statute (bare act), rules, regulations and notifications; check amendments.
- Find case law: Supreme Court and High Court judgments, especially recent and binding ones (SCC Online, Manupatra, Indian Kanoon for free access).
- Check secondary sources (commentaries, law firm updates) for context, but rely on primary sources.
- Synthesise into a clear answer: the issue, the rule, application to the facts, and the conclusion (IRAC), with risks and practical recommendations.
Writing a legal memo or opinion
Question presented → short answer → facts → analysis → conclusion and recommendations. Business stakeholders need the practical answer first: "Yes, you can terminate, but you must give 30 days' notice and pay for work done; here's the risk if you don't."
Drafting style
- Plain English: short sentences, active voice, defined terms used consistently.
- "Shall" for obligations (or "must"), "may" for permissions; avoid ambiguity ("and/or", undefined "reasonable").
- Numbered clauses and cross-references that are correct.
- Check every number, date, name and defined term.
- Use templates and precedents but adapt them to the deal; never copy blindly.
Compliance mindset
Compliance professionals translate laws into practical processes: policies, training, controls, monitoring and audits. They partner with the business ("how can we do this lawfully?") rather than only saying no. Documentation and evidence of compliance matter as much as compliance itself.
The legal/compliance interview
Expect: explaining key contract clauses; reviewing a short clause and suggesting changes; questions on the Contract Act, Companies Act, DPDP Act and labour laws; a research or drafting test; and situational questions ("The sales team wants to sign a contract today with unlimited liability. What do you do?"). Good answer pattern: understand the business need, explain the risk in plain words, propose alternatives (a cap linked to fees, insurance, carve-outs), and escalate to the right decision-maker if needed.
Stay current: follow legal news, regulatory updates and law firm newsletters; mention a recent development relevant to the company's sector in the interview.
Check yourself
- Structure a 1-page memo on whether an employee can be asked to sign a non-compete.
- Rewrite: "The Vendor shall endeavour to deliver the goods in a reasonable time."
- How would you respond to the unlimited-liability situation above?
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