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15-Sep-2019 13:08

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For example, if one wishes to backdate a document for the purposes of recording an earlier oral agreement, it should nevertheless still be drafted in such a way so as to avoid giving the incorrect impression that it was actually signed on the date stated.The best way to achieve this is to state openly in the document that it is recording an earlier oral agreement made on, and so is with effect from, a particular date and then date it the actual date it was signed.This happens automatically when you apply for housing benefit.

A client or, in the case of an in house lawyer colleague (who for the purposes of this article will also be considered a client), asks you to prepare a document and then your heart sinks as he says “oh and it has to be dated” and gives a date which has already passed.

The argument is obviously not valid if the transaction is one which is required by law to be in writing such as a transfer of land.

This is not an agreement that could have been made orally.

Is the client a longstanding one who has always acted properly in the past? These are questions he will probably be asked by the judge or regulator if things go wrong and to which he will need convincing answers.

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There are some ways in which the lawyer can give himself some protection in agreeing to such a request but they are not foolproof.

The position is then clear to all who subsequently look at the document.