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LawCrossing Feature
Legal Writing Tips – Why Simple English is preferable but not acceptable in deeds and documents Legal writing is a bone of contention nowadays. On the one hand there is a very practical movement in favor of simplifying expressions and legalese into everyday English, which can be well understood by both lay persons and courts, and on the other, there is need to explain to the bench things and concepts in the language they understand, and in the language of statutes and precedents. There is a third issue, which few of those in support of ‘easy language’ fail to recognize – strict interpretation of deeds and documents – the language you use cannot be open to multiple interpretations or ambiguity, otherwise more trouble may come of it than relief. Consequently, today’s good legal writing would need to keep in mind all the points mentioned above while trying to simplify things as much as possible. But it is easier to say than do, because of the responsibilities that lawyers have to carry.
Be brief, succinct, and simple where you can afford to
purchaser protected from any harm, damages, claims
be so. If the law of the land and stare decisis clearly
or whatever unforeseen negative consequences that
indicate that the clause “X hereby lawfully sells this
may arise in the future affecting the rights that the
piece of land to Y subject to all legal liabilities and
purchaser is lawfully acquiring.
consequences he is required to fulfill to complete the sale” will do the job, then by all means use it.
So, protective clauses and phrases like “done in good faith,” “agrees to keep Y indemnified for all damages,
You need to be sure that the ‘sale’ can be effected
claims and whatever …” “lawfully and truthfully
properly under the law of the land just by that
represents that there are no other persons who have
sentence. It is obviously better than writing “X hereby
a claim of any kind on the property,” “Agrees to
conveys, transfers, and gives unto Y, all and each of
return with interest the full consideration, along with
his rights, titles, and interests in the aforementioned
reparatory damages and compensation, if any claims
property, absolutely and forever, along with the
are found to be untrue and affect the peaceful and legal
absolute relinquishment of all rights, titles, and
enjoyment of the rights, title, and interests purported
interests, whatsoever, of X and all his heirs or any
to be conveyed by this document,” etcetera, and more,
person who may have, or in future may gain, any
are required to absolutely ensure that a client is fully
rights, title, or interest in the aforementioned property
protected and the lawyer himself or herself is not
by, through, or under the existent rights, titles, and
going to be dragged up for professional negligence or
interests of X, as they are prior to this sale, along with
misconduct in the future.
all easements and other rights, titles, and interests appurtenant to the property mentioned for the sale of
Critics of legalese, rarely understand the burden
the property which is the subject of this document.”
lawyers bear because of the knowledge they possess. By their hours of study and experience, they ‘know’
Now, from a legal standpoint, both of the statements
the kinds of things that may happen and what has
mentioned above fall short of the mark, because, if we
already happened in cases where a word was miss-
are to protect our clients, we also need to add a clause
spelt, or a clause not spelt out specifically. While a lot
of indemnification that binds the seller to keep the
may be assumed on good faith and equity, if problems
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