Legal Writing Tips – Why Simple English is preferable but not acceptable in deeds and documents

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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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