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When drafting correspondence, whether a letter or a formal e-mail, it is important to inform the reader of the subject matter of your correspondence at the outset. In addition, one should be sure to conclude the correspondence with a clear…

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Lawyers often sacrifice clarity for the sake of precision. This, coupled with a lawyer's tendency to use legalese and jargon may give rise to awkward sentences filled with superfluous words, exceptions and qualifications. Ironically, instead of precision the lawyer creates…

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Whereas is the archetypal legalism. It has been with us since the dawn of our legal system, and many lawyers think that it is high time that whereas was retired. It usually appears in Gothic print, perhaps because it belongs…

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An elderly English couple came home from vacation to find their home ravaged; curtains ripped, pictures smashed and flower pots broken. They thought a burglar must have been there. This was certainly a shock and the damage seemed to be…

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Article: Legalese and how to avoid itThe 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…

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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…

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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…

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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.…

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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…

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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…

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