After completing my LLB from Delhi University, in the year 2006, I have worked as a lawyer, trademark attorney and a freelancer. In all the capacities I have discovered stark differences in the drafting methods adopted by my peers and colleagues alike.
In may capacity as a freelance attorney doing contract drafting, I have found the nirvana point in my professional work. Unlike drafting for a claim or defence, drafting an agreement or a contract provides flexibility and offers most challenging intellectual impetus that lawyers look for. Most of litigation related drafting in Indian Courts have become very monotonous, but drafting an agreement is always interesting.
There are minor differences that a drafter has to keep in mind while they draft an agreement or a website’s terms. The major difference being the approach that a drafter should take. While drafting an agreement, the audience are the two or more parties to the contract, who might be discussing each and very provision of the agreement in detail. Whereas, in case of Website terms the owner of the website should have legal provisions, which will not only protect his business interests but will also have the capacity attract website users, who would otherwise prevent registering/ using the website due to its one sided approach.
Let us hope that the website owners and the users find a common ground in determining the legal provisions of website’s terms.