Book contents
- Frontmatter
- Contents
- Acknowledgements
- Acknowledgements, second edition
- List of Panels and Tables
- Table of Statutes and Subsidiary Legislation
- Table of Cases
- Introduction
- 1 What Influences the Legal Drafter
- 2 How Legal Documents are Interpreted
- 3 The Move towards Modern English in Legal Drafting
- 4 Some Benefits of Drafting in Plain English
- 5 What to Avoid when Drafting Modern Documents
- 6 How to Draft Modern Documents
- 7 Using the Modern Style
- Further Reading
- Index
5 - What to Avoid when Drafting Modern Documents
- Frontmatter
- Contents
- Acknowledgements
- Acknowledgements, second edition
- List of Panels and Tables
- Table of Statutes and Subsidiary Legislation
- Table of Cases
- Introduction
- 1 What Influences the Legal Drafter
- 2 How Legal Documents are Interpreted
- 3 The Move towards Modern English in Legal Drafting
- 4 Some Benefits of Drafting in Plain English
- 5 What to Avoid when Drafting Modern Documents
- 6 How to Draft Modern Documents
- 7 Using the Modern Style
- Further Reading
- Index
Summary
Introduction
In the preceding chapters we examined the influences that tend to perpetuate the traditional style of legal drafting. We also considered the ways in which legal documents are interpreted. We traced the move towards plain legal language and explored some of the benefits of using modern, standard English. Now we move to examine rather more closely the techniques of drafting in modern, standard English: the ‘how to’. The best way to begin is by considering what not to do – that is, by considering techniques the drafter should avoid. And so this chapter highlights those aspects of the traditional style that should be shunned by the legal drafter who wants to move to a clear, modern style.
It is not difficult to identify characteristics of traditional legal documents that should be avoided. Here are some of the more common:
wordiness and redundancy
overuse of the modal verb ‘shall’
obscure language
unusual word order
constantly litigated words and phrases
foreign words and phrases
unduly long sense-bites
legalese and jargon
peculiar linguistic conventions
use of noun phrases in place of verbs
overuse of the passive
deeming
poor use of definitions
overuse of capitals
careless use of provisos.
This list of characteristics is not exhaustive. But all are found, to a greater or lesser degree, in traditionally drafted legal documents. We will consider each in turn.
Wordiness and redundancy
Wordiness is the legal profession's most recognisable characteristic, redundancy its strongest point. Lawyers really do go on. Their motto might be: ‘Never use one word where you can use two; and the more you use, the better.’
- Type
- Chapter
- Information
- Modern Legal DraftingA Guide to Using Clearer Language, pp. 127 - 166Publisher: Cambridge University PressPrint publication year: 2006