Points to remember

1 When writing to clients, keep legal jargon to
a minimum and explain any jargon that is
unavoidable.

2 Clarity of expression comes from clarity of
thought: plan what you are going to write
before putting pen to paper.

3 Avoid where possible: negative structures,
nominalizations, contractions, slang,
pomposity.

4 Do not use sexist language.

5 Accuracy and correct spelling are important.
Pay special attention to titles and names,
and to references, prices, and numbers.

6 Remember to check enclosures and
attachments.

7 Check through what you have written when
you have finished. Make sure everything is
as it should be.

STYLE AND LANGUAGE

(including tone)

Simplicity

A traditional problem of legal correspondence is its tendency to be pompous, obscure, and verbose. This problem is often worsened by a failure to simplify or explain complex legal jargon for the benefit of laypersons. Here is an example of such writing; the letter is likely both to antagonize and to mystify the recipient.

Dear Madam

We have been appointed to act on behalf of your spouse, Mr Gerald Taggart, in connection with your matrimonial situation. Our client has informed us that the matrimonial relationship has irretrievably broken down by reason of a new relationship which you have formed with one Arthur Longsdale. We understand that this is a matter that you would in no way seek to deny in any future divorce proceedings. This being so, we have advised our client that he would have grounds to present to the court a petition for divorce based on your adultery, and we are in receipt of his instructions to pursue the same.

We would respectfully advise you to seek independent legal advice from solicitors of your choice upon the contents of this letter, and we should be obliged to hear from the same at your earliest convenience.

Yours faithfully

The above letter could be written in much simpler language, as here.

Dear Madam

We have been consulted by your husband regarding your marriage. He has told us that you have now formed a new relationship with Arthur Longsdale, and that you would be prepared to admit to this. If so, this would mean that your husband would be entitled to commence divorce proceedings against you based on your adultery with Mr Longsdale.

Your husband has asked us to prepare a divorce petition based on your adultery and this will be sent to the court shortly.

We would recommend that you consult another firm of solicitors about the contents of this letter, and look forward to hearing either from them or from you shortly.

Yours faithfully

Courtesy

Your style should not, however, be so simple that it becomes rude or abrupt, or begins to sound naive. Here is an example of a letter that is too short and simple.

This letter sounds unprofessional. It would be likely to give a poor impression of the credibility of the law firm that sent it.

Dear Sir

Our client: Grange Supplies Ltd

Outstanding invoice for supplies of office stationery

We saw Mr Grange of Grange Supplies today. He told us that they sent you a bill for £10,750 four months ago with a payment period of 28 days. You have not paid it yet despite being chased several times for it.

This is to give you a last chance to pay up. If you do not pay in full within the next 14 days, we will sue you. No more excuses will be accepted.

Yours, etc.

In this version of the letter, certain techniques are used to improve it and to achieve a more professional tone:

- More formal or sophisticated expressions are
used: 'We are instructed by Grange Supplies
Ltd 'instead of 'We saw Mr Grange...';'we are
instructed to commence proceedings' instead
of' we will sue you'.

- Sentences are joined together by relative
pronouns ('which' in the first sentence) and
conjunctions ('unless' in the second
sentence).

Dear Sir

Our client: Grange Supplies Ltd

Outstanding invoice for supplies of office stationery

We are instructed by Grange Supplies Ltd to seek recovery of sums unpaid on an invoice dated —, a further copy of which we enclose for ease of reference.

We write to advise that we are instructed to commence proceedings to recover the debt unless payment in full is received by our client within the next 14 days.

Yours faithfully

Idioms and colloquial language

As the letter above shows, it is important to try to strike the right tone in your letter. The right tone is one of professional neutrality.

. On the one hand, you should avoid pompous, obscure language. On the other hand, you should avoid language which is too informal or colloquial.

At all times, and particularly when writing to parties on the other side of a case from your client, you should avoid any tinge of personal animosity. This is important because although lawyers often find themselves having to threaten people or organizations with legal action on behalf of clients, the lawyer must ensure that basic standards of professional courtesy are adhered to at all times.

Date: 2015-01-29; view: 827