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Legal English Page 1 Black colour1 Legal English Rupert Haigh is managing partner of Forum Legal Language Services 10:58:20:02:09 Page 1 Black colour1 Page 2 Black colour1 10:58:20:02:09 Page 2 Black colour1 Page 3 Black colour1 Legal English Second Edition RUPERT HAIGH 15:19:25:02:09 Page 3 Black colour1 Page 4 Black colour1 Second edition published 2009 by Routledge-Cavendish 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN Simultaneously published in the USA and Canada by Routledge-Cavendish 270 Madison Avenue, New York, NY 10016 Routledge-Cavendish is an imprint of the Taylor & Francis Group, an informa business This edition published in the Taylor & Francis e-Library, 2009. To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk. © 2004, 2009 Rupert Haigh Previous editions published by Cavendish Publishing Limited First edition 2004 All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data Haigh, Rupert. Legal English / Rupert Haigh. – 2nd ed. p. cm. 1. Legal composition. 2. Law – Terminology. 3. Law – Language. 4. English language – Usage. 5. English language – Business English. I. Title. K94.H35 2009 340′.14 – dc22 2008036956 ISBN 0-203-87796-9 Master e-book ISBN ISBN10: 0–415–48715–3 ISBN13: 978–0–415–48715–3 15:20:25:02:09 Page 4 Black colour1 Page 5 Black colour1 Contents Preface xi 1 Introduction to legal English 1 1.1 The development of modern English 1 1.2 Sources of legal English 2 1.3 What makes English difficult? 2 1.4 What makes legal language difficult? 3 2 Elements of legal writing 6 2.1 Articles 6 2.2 Prepositions 7 2.3 Pronouns 8 2.4 Adjectives 10 2.5 Adverbs 11 2.6 Collective nouns 12 2.7 Uncountable nouns 13 2.8 Past tenses 14 2.9 Verb forms 15 2.10 Phrasal verbs 17 2.11 Negatives 20 2.12 Sentence structure 21 2.13 Relative pronouns 23 3 Punctuation for legal writing 25 3.1 General points 25 3.2 Punctuation marks 25 4 Basic standards of legal writing 32 4.1 Dates 32 4.2 Numbers 32 4.3 Citations 33 4.4 Terminology and linguistic peculiarities 33 4.5 Abbreviations 42 4.6 Business buzzwords 44 5 Elements of good style: clarity, consistency, effectiveness 46 5.1 General considerations 46 5.2 Clarity 47 5.3 Consistency 58 v 10:58:20:02:09 Page 5 Black colour1 Page 6 Black colour1 vi Contents 5.4 Effectiveness 60 5.5 Examples of bad style and analysis 62 6 What to avoid 67 6.1 Ambiguity 67 6.2 Sexist language 68 6.3 Constantly litigated words 71 6.4 False word pairs 72 6.5 Problem words 72 7 British and American English 76 7.1 Differences in language-use conventions 76 7.2 Vocabulary 78 7.3 Differences related to cultural values 83 8 Contracts: performance, termination and remedies 85 8.1 Performance of contracts 85 8.2 Termination of contracts 86 8.3 Remedies 87 9 Contracts: structure and interpretation 91 9.1 Structure of contracts 91 9.2 Principles of interpretation 94 10 Contract clauses: types and specimen clauses 98 10.1 Overview 98 10.2 Definitions 98 10.3 Main commercial provisions 99 10.4 Secondary commercial provisions 108 10.5 Boilerplate clauses 113 11 Drafting legal documents: language and structure 119 11.1 Operative language 119 11.2 Troubleshooting issues 122 11.3 Drafting exemption clauses 124 11.4 Structuring a clause 126 11.5 Layout and design 127 11.6 Checklist 127 11.7 Contract comprehension exercises 129 11.8 Specimen contract (NDA) 135 12 Correspondence and memoranda 138 12.1 Letter-writing conventions 138 12.2 Letter-writing style 140 10:58:20:02:09 Page 6 Black colour1 Page 7 Black colour1 Contents vii 12.3 Specimen letter 143 12.4 Emails 144 12.5 Language for letters and emails 146 12.6 Checklist 150 12.7 Memoranda 153 13 Applying for a legal position 158 13.1 How to apply 158 13.2 Specimen application letter 161 13.3 Application forms and CVs 162 14 Aspects of spoken English 165 14.1 Spoken and written English compared 165 14.2 Body language 166 14.3 Tone of voice 167 14.4 Emphasis 168 14.5 Techniques 169 15 Meeting, greeting and getting down to business 174 15.1 The opening phase 174 15.2 Establishing a basis for communication 176 15.3 Getting down to business 178 15.4 Small talk exercises 178 16 Interviewing and advising 180 16.1 Overview 180 16.2 Preparation 180 16.3 Conduct of the interview 181 16.4 Language 183 16.5 Client interview transcript 188 16.6 Checklist 190 17 Dealing with difficult people: 10-point guide 192 17.1 Empathise 192 17.2 Avoid defensiveness 192 17.3 Seek more information 193 17.4 Anger management 193 17.5 Do not be judgmental 194 17.6 Avoid unrealistic promises 195 17.7 Use human language 195 17.8 Set a realistic timetable for action 196 17.9 Deal with perceived irrelevance 196 17.10 Avoid echoing the client 196 10:58:20:02:09 Page 7 Black colour1 Page 8 Black colour1 viii Contents 18 Court advocacy 198 18.1 Structure of a civil trial 198 18.2 Examination-in-chief 199 18.3 Cross-examination 200 18.4 Re-examination 201 18.5 General points 201 18.6 Modes of address in court 202 18.7 Suggested language 203 18.8 Court hearing transcript 205 19 Negotiation 208 19.1 Negotiation styles and strategies 208 19.2 Differences in negotiation language between USA and UK 211 19.3 The qualities of a good negotiator 213 19.4 Preparation: five-step plan 214 19.5 The negotiation process 216 19.6 Negotiation ploys 220 19.7 Suggested language 222 19.8 Killer lines for negotiations 230 19.9 Negotiation transcript 232 19.10 Checklist 235 20 Chairing a formal meeting 237 20.1 The role of the chair 237 20.2 Structure and language 237 20.3 Suggested language 238 21 Making a presentation 243 21.1 Preparation 243 21.2 Structure 244 21.3 Content 245 21.4 Language 246 21.5 What to avoid 247 21.6 Suggested language 247 21.7 Checklist 250 21.8 Presentation exercise 251 22 Telephoning 253 22.1 Considerations 253 22.2 Suggested language 253 22.3 Leaving a message on an answering machine 256 22.4 Making people speak more slowly 257 Exercise answer key 259 10:58:20:02:09 Page 8 Black colour1 Page 9 Black colour1 Contents ix Glossaries 277 Easily confused words 277 Business abbreviations 281 Phrasal verbs used in legal English 283 Obscure words used in business contracts 293 Obscure phrases used in business contracts 299 Foreign terms used in law 304 Legal terminology 309 About the author 324 Index 325 10:58:20:02:09 Page 9 Black colour1 Page 10 Black colour1 10:58:20:02:09 Page 10 Black colour1 Page 11 Black colour1 Preface This book is aimed at legal professionals, law students and other persons who regularly deal with legal documents written in English. It constitutes a practical reference and self-study resource, which will help you both understand English legal language as it appears in contemporary written and oral contexts, and to use clear, accurate English in everyday legal and business situations. The book falls into three parts. The first part focuses on the key aspects of legal English writing, and provides detailed coverage of the following areas: G Introduction to legal English G Elements of legal writing G Punctuation for legal writing G Basic standards of legal writing G Elements of good style G What to avoid G British and American English The second part deals with the drafting of contracts and other legal documents, as well as letters, emails and memoranda. There is also a chapter on applying for legal positions, which contains advice on the composition of CVs and application letters. The following areas are covered: G Contracts: performance, termination and remedies G Contracts: structure and interpretation G Contract clauses: types and specimen clauses G Drafting legal documents: language and structure G Correspondence and memoranda G Applying for legal positions The third part looks at the key areas in which English is used orally in legal practice and how English usage can be tailored to achieve maximum effectiveness in different situations. Specific suggestions as to phrases that may be used in commonly encountered situations are given throughout this part of the book. The following areas are covered: G Aspects of spoken English G Meeting, greeting and getting down to business G Interviewing and advising G Dealing with difficult people: ten-point guide G Court advocacy G Negotiation xi 10:58:20:02:09 Page 11 Black colour1 Page 12 Black colour1 xii Preface G Chairing a formal meeting G Making presentations G Telephoning Throughout the book, clear and concise explanations of different issues are supported by practical examples.
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