What "Open Book" Actually Means for DAP
Drafting, Appearances & Pleadings (DAP) is one of the few open book examinations in professional qualifying exams in India. Students who hear "open book" and mentally file the subject as low-effort consistently underperform. Students who understand what open book means — and what it does not — are the ones who score 70+.
Open book means: you may refer to printed materials during the examination. It does not mean: you will have time to look up everything during the exam. The Institute designs DAP questions specifically to reward students who understand the format and logic of legal documents well enough to draft them fluently — the open book permission is for reference, not for primary learning.
What DAP Actually Covers
- General Principles of Drafting: Contract drafting, deed drafting, elements of good legal language — clarity, precision, avoiding ambiguity
- Company-Related Documents: Board resolutions, shareholder resolutions, meeting notices, minutes, Annual Report statements, merger schemes, schemes of arrangement
- Corporate Agreements: Joint venture agreements, shareholders agreements, MOU drafting, non-disclosure agreements, employment contracts
- Pleadings and Appearances: Plaint drafting, written statement, petition before NCLT, Company Petition, Winding Up petition format
- Securities Law Documents: Public announcement (Takeover Code), open offer documents, DRHP elements
- Regulatory Filings: Compounding application, reply to show cause notice, SEBI order response format
How to Organise Your Open Book Materials
The effective open book setup is a reference system, not a study guide. Your materials should let you confirm a format or a specific clause — not teach you a concept from scratch during the exam.
| Category | What to Include |
|---|---|
| Tab 1: Resolution Templates | Board resolution for 20 common corporate actions; ordinary and special resolution formats |
| Tab 2: Agreement Structures | JV Agreement skeleton, SHA key clauses, NDA structure, employment contract elements |
| Tab 3: NCLT Documents | Company Petition format, Winding Up petition, Scheme of Arrangement notice structure |
| Tab 4: Statutory Forms | MGT-14, Form MR-3, key MGT forms with their purpose noted |
| Tab 5: Checklists | Key drafting checklists — elements of a valid contract, meeting notice requirements, resolution procedure |
Exam Time Management in DAP
DAP questions are typically drafting tasks (70 marks) with short questions on drafting principles (30 marks). A common mistake is spending too much time looking up materials for drafting questions when the document structure should already be in your head — the open book is for verifying, not for starting from scratch.
- Read all questions first — 5 minutes. Identify which documents you need to draft
- Structure each draft from memory first — write the skeleton (parties, recitals, operative clauses, schedules) from what you know
- Use open book to verify and fill in precise clause language — not to figure out the structure
- Short questions last — they are faster and can be answered from general knowledge
💡 DAP needs consistent practice, not just reading. Schedule at least 3 full drafting practice sessions per week in the month before your DAP exam — use the e-mentor Planner to block specific practice slots. The ability to draft fluently under time pressure is a skill built over weeks, not something reference materials can substitute.
The Drafting Quality Checklist
Before submitting any drafted document in the exam, check: (1) All parties correctly identified, (2) Consideration stated where required, (3) Operative words present (Board resolves / The parties agree), (4) Witness clause if required, (5) Date and place, (6) Required schedules or annexures mentioned. A well-structured but incomplete draft loses marks on avoidable technicalities.