Modern legal drafting : a guide to using clearer language /
Butt, Peter
Modern legal drafting : a guide to using clearer language / Modern legal draughting Modern legal draughting : A guide to using clearer language Peter Butt, Richard Castle. - xxvi, 181 pages : illustrations ; 24 cm
Includes bibliographical references (pages 175-176) and index.
What Influence the Legal Drafter. Familiarity and habit. Conservatism. Fear of negligence claims. Means of production. Professional pressures. Straining to avoid ambiguity. The mixture of languages. Payment by length. Payment by time. The litigious environment -- How Legal Documents are Interpreted. What judges have said about traditional legal drafting. The principles of legal interpretation. The two golden rules of interpretation and drafting. Commercial or purposive interpretation. Importance of context. Modern restatement. Dangers in using precedent as an aid to interpretation -- The Move towards Modern English in Legal Drafting. The United Kingdom. Australia. The United States of America. Canada. What judges have said about plain English -- Some Benefits of Drafting in Plain English. The meaning of 'plain English'. Increased efficiency. Fewer errors. Image of the legal profession. Marketing. Compliance with statutory requirements. Conclusion -- What to Avoid when Drafting Modern Documents. Wordiness and redundancy. Overuse of 'shall'. Obscure language. Unusual word order. Constantly litigated words and phrases. Foreign words and phrases. Long sense-bites. Legalese and jargon. Peculiar linguistic conventions. Nouns instead of verbs. Overuse of the passive. Deeming. Definitions. Overuse of capitals. Provisos. Conclusion -- How to Draft Modern Documents. Modern, standard English. Document structure. Layout and design. Short sense-bites. Punctuation. Definitions. Tables, plans and formulas. Notes and examples. 'Shall' and the modern document. Handling generality and vagueness. Pronouns. Inclusive language. Problems with 'and', 'or'. Drafting in the present tense. Deeds. Amending documents. Standard forms. Conclusion -- Using the Modern Style. Lease: how to bring it to an end if the property is damaged Company memorandum of association: subsidiary objects clause. Will: attestation clause. Will: distribution in unequal shares. New land obligations: buyer's restrictive covenant. Conclusion. 1. 2. 3. 4. 5. 6. 7.
"This clearly structured and well-referenced book shows how and why traditional legal language has developed some of the peculiar characteristics that sometimes make legal documents inaccessible to the end users. It examines recent reforms in the UK, Australia and North America, and provides a critical examination of case law and the rules of interpretation. Practical elements are also covered. Detailed case studies illustrate how obtuse words and phrases can be reworked or removed. Particularly useful is the step-by-step guide to drafting in the modern style, using examples drawn from four types of legal documents: leases, company constitutions, wills and conveyances. Readers of this book will receive clear instructions on how to make their writing clearer and their legal documents more useful to clients and colleagues. This book will benefit all law students and professionals."--Publisher description.
0521802172 9780521802178 0521001862 9780521001861
2001018099
Legal composition
Bill drafting
Legal documents--Interpretation and construction
K94 / .B88 2001
808.06634
Modern legal drafting : a guide to using clearer language / Modern legal draughting Modern legal draughting : A guide to using clearer language Peter Butt, Richard Castle. - xxvi, 181 pages : illustrations ; 24 cm
Includes bibliographical references (pages 175-176) and index.
What Influence the Legal Drafter. Familiarity and habit. Conservatism. Fear of negligence claims. Means of production. Professional pressures. Straining to avoid ambiguity. The mixture of languages. Payment by length. Payment by time. The litigious environment -- How Legal Documents are Interpreted. What judges have said about traditional legal drafting. The principles of legal interpretation. The two golden rules of interpretation and drafting. Commercial or purposive interpretation. Importance of context. Modern restatement. Dangers in using precedent as an aid to interpretation -- The Move towards Modern English in Legal Drafting. The United Kingdom. Australia. The United States of America. Canada. What judges have said about plain English -- Some Benefits of Drafting in Plain English. The meaning of 'plain English'. Increased efficiency. Fewer errors. Image of the legal profession. Marketing. Compliance with statutory requirements. Conclusion -- What to Avoid when Drafting Modern Documents. Wordiness and redundancy. Overuse of 'shall'. Obscure language. Unusual word order. Constantly litigated words and phrases. Foreign words and phrases. Long sense-bites. Legalese and jargon. Peculiar linguistic conventions. Nouns instead of verbs. Overuse of the passive. Deeming. Definitions. Overuse of capitals. Provisos. Conclusion -- How to Draft Modern Documents. Modern, standard English. Document structure. Layout and design. Short sense-bites. Punctuation. Definitions. Tables, plans and formulas. Notes and examples. 'Shall' and the modern document. Handling generality and vagueness. Pronouns. Inclusive language. Problems with 'and', 'or'. Drafting in the present tense. Deeds. Amending documents. Standard forms. Conclusion -- Using the Modern Style. Lease: how to bring it to an end if the property is damaged Company memorandum of association: subsidiary objects clause. Will: attestation clause. Will: distribution in unequal shares. New land obligations: buyer's restrictive covenant. Conclusion. 1. 2. 3. 4. 5. 6. 7.
"This clearly structured and well-referenced book shows how and why traditional legal language has developed some of the peculiar characteristics that sometimes make legal documents inaccessible to the end users. It examines recent reforms in the UK, Australia and North America, and provides a critical examination of case law and the rules of interpretation. Practical elements are also covered. Detailed case studies illustrate how obtuse words and phrases can be reworked or removed. Particularly useful is the step-by-step guide to drafting in the modern style, using examples drawn from four types of legal documents: leases, company constitutions, wills and conveyances. Readers of this book will receive clear instructions on how to make their writing clearer and their legal documents more useful to clients and colleagues. This book will benefit all law students and professionals."--Publisher description.
0521802172 9780521802178 0521001862 9780521001861
2001018099
Legal composition
Bill drafting
Legal documents--Interpretation and construction
K94 / .B88 2001
808.06634