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Sentences

Keep sentences as short as possible. This does not necessarily mean that all sentences should be short (which might create a displeasing, staccato effect) but that all unnecessary words should be removed.

Try to have only one main idea per sentence. Where you want to add more than one piece of additional information about a subject introduced in a sentence, consider starting a new sentence. Also consider the sequence in which information is presented in a sentence. In general:

1 Start with the most important piece of
information, then deal with lesser matters.
This may mean that you will need to use more
than one sentence in order to establish a
natural priority of information. For example:

The company specializes in pharmaceutical products. Its headquarters are in Oxford, and it made a record profit last year.

instead of:

The company, the headquarters of which are in Oxford, specializes in pharmaceutical products and made a record profit last year.

2 State the general rule before any exception
to the rule, not the other way about. For
example:

The goods must be delivered within 21 days of an order being received, unless more than 100 units are ordered.

instead of:

Unless more than 100 units are ordered, the goods must be delivered within 21 days of an order being received.

3 If you can cut words out without affecting the meaning of the sentence, do it. It will make your writing much more vigorous. In particular, pay attention to phrases which introduce new pieces of information or argument. These can often be reduced to single words. For example, have a detrimental effect upon can usually be reduced to harm, and notwithstanding the fact that can usually be reduced to despite or although.

Words

Use the words that convey your meaning

Use the words that convey your meaning, and nothing more.

Never use words simply because they look impressive and you want to try them out, or because you like the sound of them. There is a tendency in legal writing to use unnecessary, obscure words rather than their ordinary equivalents, perhaps out of a feeling that the obscure words are somehow more impressive. Never use a long word where a short one can be used. For example, avoid words like notwithstanding where simple words like despite, still, or even if can be used instead.

Never use a phrase where you can use one short word. There is a creeping tendency to include unnecessary phrases like with regard to, with respect to, in reference to, and so on, instead of about

Use ordinary English words where possible

Do not use a foreign phrase or jargon if you can think of an ordinary English word which means the same thing. For example, do not write modus operandi when you can write method, nor soi-disant when you can write so-called.

In legal English, this is more difficult to achieve in practice than it is in ordinary English, because much of the terminology used (inter alia, a b initio ,force majeure, mutatis mutandis) comes from French and Latin. These phrases often act as shorthand for a longer English phrase. For example, inter alia comes out in English as 'including but not limited to'.



Therefore, as a rule of thumb, the use of a foreign phrase is permissible i) when it is in common use in legal writing, and 2) when it expresses a legal idea more succinctly than can be achieved in English. Your choice of vocabulary - between English or French and Latin - will also be influenced by who you are writing to.

Avoid legal jargon

Do not use legal jargon or terms of art in a letter to a client or other non-lawyer unless it is unavoidable. In such cases, consider whether you need to explain what the words you have used mean.


Date: 2015-01-29; view: 779


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