PPL 447 Assignment Questions and Answers

Habits to avoid when drafting legal documents

1. Archaic words
2. Use of passive language
3. Verbosity
4. Unfamiliar words
5. Inconsistency
6. Avoid excessive use of words
7. Avoid the use of pronouns

These are what she listed.

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Answers

DETAILED NOTES ON HABITS TO AVOID WHEN DRAFTING LEGAL DOCUMENTS

Legal drafting is a core skill for law students and legal practitioners. A well-drafted legal document should be clear, precise, and concise, ensuring that it serves its intended purpose without ambiguity. Poor drafting habits can lead to misinterpretation, legal disputes, and difficulty in enforcement. To produce professional and effective legal documents, certain bad habits must be avoided. Below is an in-depth discussion of these habits and their impact on legal drafting.

1. Archaic Words

Archaic words refer to outdated legal terms that were commonly used in older legal documents but are now considered unnecessary and difficult to understand. These words include:

• Herein, hereinafter, thereafter, wherein, therewith, heretofore, aforesaid, aforementioned, thereof, and thereby.

These words were traditionally used to make legal writing sound more formal, but in modern legal practice, they make documents unnecessarily complex and hard to read. Many legal systems today promote the use of plain English to enhance clarity and accessibility.

Why Avoid Archaic Words?

• They complicate legal documents and make them difficult to read.

• They confuse non-lawyers and ordinary people who need to understand the document.

• They can cause misinterpretation or ambiguity in contracts and agreements.

• Modern legal practice encourages the use of clear and simple language instead of outdated terms.

Examples:

• Archaic: “The parties hereinbefore mentioned shall adhere to the agreement set forth herein.”

• Modern: “The parties in this agreement shall comply with the stated terms.”

Legal writing should be precise, direct, and free from unnecessary complexity to ensure that the intended meaning is clear to all parties involved.

2. Use of Passive Language

Passive voice occurs when the subject of a sentence receives the action instead of performing it. Legal documents should always be written in an active voice to ensure clarity and directness.

Why Avoid Passive Language?

• It makes sentences less direct and harder to understand.

• It can create ambiguity about who is responsible for an action.

• It makes legal documents unnecessarily wordy and complex.

• It weakens the authority and persuasiveness of legal writing.

Examples:

• Passive: “The contract was signed by both parties.”

• Active: “Both parties signed the contract.”

• Passive: “The payment shall be made by the tenant within seven days.”

• Active: “The tenant shall make the payment within seven days.”

By using an active voice, legal documents become more straightforward and authoritative, ensuring that responsibilities and obligations are clearly assigned.

3. Verbosity (Excessive Use of Words)

Verbosity means using too many words to express an idea when fewer words would be more effective. Legal documents should be concise while maintaining accuracy and precision.

Why Avoid Verbosity?

• It makes legal documents difficult to read and understand.

• It wastes time for both the writer and the reader.

• It increases the risk of misinterpretation or confusion.

• Legal drafting should be clear, efficient, and direct without unnecessary repetition.

Examples:

• Verbose: “It is important to take into consideration the fact that…”

• Concise: “Consider…”

• Verbose: “The agreement between the parties shall remain in force and effect unless and until such time that it is terminated by either party.”

• Concise: “The agreement remains valid until terminated by either party.”

A well-drafted legal document should communicate only what is necessary without excessive wording.

4. Unfamiliar or Complex Words

Legal documents should be drafted in a way that both legal professionals and ordinary people can understand. Using uncommon words or overly technical legal jargon makes documents difficult to read and interpret.

Why Avoid Unfamiliar Words?

• They confuse clients, judges, and non-legal professionals who need to understand the document.

• They make legal documents less accessible and harder to enforce.

• They can lead to misinterpretation and unnecessary legal disputes.

Examples:

• Complex: “The party shall ensure compliance with the stipulations hereinbefore set forth.”

• Simple: “The party shall comply with the stated terms.”

• Complex: “The lessee shall indemnify and hold harmless the lessor against all claims arising from the use of the premises.”

• Simple: “The tenant shall compensate the landlord for any claims related to the use of the property.”

Where technical legal terms are necessary, they should be properly defined to prevent ambiguity.

5. Inconsistency

Inconsistency in legal drafting occurs when terminology, definitions, numbering, and formatting are not uniform throughout the document. This can cause confusion and weaken the legal enforceability of the document.

Forms of Inconsistency:

• Terminology: Using different words to refer to the same thing (e.g., using “buyer” in one section and “purchaser” in another).

• Formatting: Irregular font styles, paragraph spacing, or inconsistent indentation.

• Numbering and Citations: Incorrect numbering of sections or inconsistent legal references.

• Definitions: Defining a term in one section but using a different term elsewhere without clarification.

Why Avoid Inconsistency?

• It confuses the reader and makes interpretation difficult.

• It reduces the credibility of the legal document.

• It can create legal loopholes that may be exploited.

Example:

• Inconsistent:

• Section 1: “The buyer shall pay the agreed amount.”

• Section 5: “The purchaser must make payment.”

• Consistent:

• Section 1: “The buyer shall pay the agreed amount.”

• Section 5: “The buyer must make payment.”

Legal documents should be thoroughly reviewed to ensure uniformity in language and structure.

6. Excessive Use of Words

Legal drafting should avoid unnecessary repetition. Words and phrases should be used efficiently, ensuring that each sentence adds value to the document.

Why Avoid Excessive Use of Words?

• It makes the document unnecessarily long and hard to read.

• It distracts from the key points and legal obligations.

• It increases the risk of errors and inconsistencies.

Examples:

• Excessive: “The tenant shall pay the rent amount in full each and every month, without any delay, on or before the first day of each and every calendar month.”

• Concise: “The tenant shall pay the full rent on or before the first day of each month.”

Good legal writing should be brief, clear, and straight to the point.

7. Use of Pronouns in Legal Documents

Pronouns (he, she, it, they, them, etc.) should be avoided in formal legal documents because they can create ambiguity, especially when multiple parties are involved.

Why Avoid Pronouns?

• They can cause confusion about who is being referred to.

• They may lead to misinterpretation in contracts and agreements.

• Legal documents should be specific and precise in identifying parties.

Example:

• Ambiguous: “He shall be responsible for the payment.”

• Clear: “The tenant shall be responsible for the payment.”

Instead of using pronouns, repeat the name of the party or use defined terms to ensure clarity.

CONCLUSION

Legal drafting is an essential skill that requires clarity, precision, and consistency. By avoiding archaic words, passive voice, verbosity, unfamiliar words, inconsistency, excessive wording, and pronouns, legal documents will be more professional, enforceable, and easier to understand. Every legal document should be well-structured, carefully reviewed, and free of unnecessary complexity to serve its intended purpose effectively.