Drafter

The modern trend towards the use of non-technical language – the Plain Language Movement – focuses a great deal on Legal English, which mixes modern English with vocabulary borrowed from numerous other languages and legal traditions. Over the centuries, Legal English has developed a dense…

Be aware of the nuances of the words that you choose. When deciding whether to use a particular synonym, make sure that you understand the shades of meaning in the word. An effective way to do this is to run the word through an Internet…

In drafting letters to counter-parties or documents for court, try to avoid excessive exaggeration. For example, avoid calling your client the “CEO of a successful food emporium” instead of “the owner and manager of a local pizzeria.” The other party and the courts soon see…

What are restraint of trade clauses? They are clauses in contacts used as a means of preventing departing employees or partners from taking clients or information with them or from competing with the original business after the termination of employment. The courts generally dislike such…

Proper nouns in English are usually capitalized, i.e. the names of people, places, countries and titles. Simple as the general rule is, problems may arise with nouns that may be used in both the proper or common form. In such a situation, the noun should…

Clarity in drafting is best obtained through simplicity. Therefore, it is better to use positive phraseology in drafting as negative phraseology may lead to unnecessary complication. Consider the following: Drafter’s Tip “The buyer did not fail to pay the purchase price of the goods nor…

Boilerplate clauses are standard legal language drawn from the extensive legal experience of big firms or companies. Most contracts contain a series of boilerplate clauses which often appear under the heading “General” or “Miscellaneous”. These are often overlooked when drafting an agreement and, due to…

Anyone who has studied common law principles in a legal context has heard of the concept of “consideration”. Consideration is a benefit or right for which the parties to a contract must bargain; the contract is founded on an exchange of one form of consideration…

As you are undoubtedly aware, legal English differs from “ordinary” English in numerous respects. Words and phrases which mean one thing in normal English usage can mean something entirely different in a legal context. One such example is the word assignment. In everyday English, the…

When drafting an agreement, it is usually preferable to begin the agreement by fully identifying the parties, followed by a shorthand reference for each party to be used in the remainder of the agreement. This License Agreement is between ABC Company, a Delaware corporation with…