Providing a description enables your readers to understand what the other law or regulation is about and why it relates to the provision they're reading without having to stop and look it up. Providing a lengthy list of code citations will only result in readers getting lost in those other laws and trying to figure out how they apply to the clause they were originally reading. Keep in mind that your definitions section is alerting your readers that these words are important, and that they carry a different meaning from common understanding. Jennifer Mueller is an in-house legal expert at wikiHow. A sophisticated client (let’s say a bank) will not always require complex explanations of otherwise straightforward tasks. Legal Drafting and Terminology Should Respect Linguistic Differences 107 XVII. A more understandable construction of the example sentence would be "Developers must submit a completed application and affidavit by the deadline to participate in subsequent bidding rounds.". However, the content still needs to be importantly considered. Moreover, the framework of your product will dramatically impact the effect you have. I really enjoyed this one. There are 24 references cited in this article, which can be found at the bottom of the page. Include your email address to get a message when this question is answered. Judges, clients, colleagues, opponents, journal readers – they all have different experiences, perspectives, and knowledge. A legal document has a timeless quality to it, in that once enacted or executed the document must provide answers to people over years regarding their rights and duties concerning the subject of the document. 2 COURSE AIM AND GOALS AIM To introduce participants to the principles of contract drafting, and in ... PART 3: BASIC LANGUAGE GUIDE TO DRAFTING LEGAL DOCUMENTS IN © Tips for Lawyers Pty Ltd All rights reserved. Legal drafting is the definitive written expression of a legal right, privilege, function, duty, or status.' Last Updated: March 29, 2019 Both parties will know the law and both will know the facts that are asserted – each, however, will have materially different submissions. While there is some overlap, legal drafting differs from legal writing in its highly specified format and intended use. Write in the active voice. It’s not just marketing hype – most legal writing needs to end with a discernible call to action. The point of a definition is to eliminate ambiguity, not add to it. You may want to bold the term you're defining so your readers can find it more easily. For this reason, declarative, present-tense sentences tell future readers what they must do without confusion. A little attention to these topics will put the polish into your final product. Drafting Legal Documents, Principles of Clear Writing. Difference between Legal English & General English for communication. By using our site, you agree to our. It's been fascinating watching law firms react (in advance) to what they believed was going to be the horror story of COVID-19. Your clients will love you for it. This goes back to the general principal of legal drafting that you should place more broadly applicable sections before more limited sections. Jennifer Mueller is an in-house legal expert at wikiHow. References. For this Any administrative clauses or penalty provisions (in contracts these are typically referred to as "boilerplate" and placed in a section labeled "Miscellaneous") should be at the end of your document. If you are discussing bankruptcy with the debt collection department, you will probably assume a certain amount of background knowledge without waxing lyrical about the ins and outs of the bankruptcy process. Principles of Clear Writing. Law school has taught every student that their legal knowledge must be displayed through a ponderous swathe of legal citations. This applies also when referencing other parts of the same document. Law Community enables the professionals to guide its … Organize your definitions in alphabetical order without any paragraph numbering or other labeling. For example, you would only cause confusion if you defined "motor vehicle" as "any car, truck, van, or bicycle," since people don't consider bicycles to be motor vehicles. Generally speaking, you want to place the most important sections at the top of the document, along with those you believe will be most frequently used. Sometimes that is right – but normally it is not. Many other words or phrases can be simplified. Is it to advise, update, remind, encourage, exhort, justify, complain or cover the firm’s backside? For anybody who is not a lawyer and doesn’t have to do legal drafting, you’ll just have to trust me – it really is. appreciate the importance of great legal drafting, 9 Words and Phrases That Lawyers Use which Have to Stop.
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