I asked through LinkedIn a few days ago three questions and I hashtagged it with #Open_Discussion.
I was wondering “why #Lawyers write #Poorly?!”, and I asked three #Questions;
- What’s wrong with using herein?.
- What’s wrong with using provided that; provided, further, that; or provided, however, that?.
- What’s wrong with using such in place of this, that, these, those or the?.
But I got no answers, and if I want to analyse that, I would say they are not sure why they are using it in that way?! OR they little afraid to answer maybe they are doing mistakes?!,
Anyway I promised I will answer those questions and when I tried to write a post for answering, LinkedIn didn’t accept because It’s too long, So I decided to write an Article,
And here we are…
- What’s wrong with using herein? It’s invariably ambiguous. Courts have held it to mean everything from in this definition to in this subsection to in this section to in this agreement. Drafting experts have long warned that using herein borders on malpractice
- What’s wrong with using provided that; provided, further, that; or provided, however, that? The troublesome phrase provided that—with or without an embedded modifier – has too many meanings and functions for clarity. It may mean except, if or also. It may create an exception, a condition or an addition. Further, it’s often unclear just how far back in the sentence the phrase reaches. Depending on how long the sentence is, it could stretch back 10, 20 or 100 words.
- What’s wrong with using such in place of this, that, these, those or the? It’s often ambiguous. When used as a demonstrative adjective, such typically means of that kind—as in “Extraterrestrial invasions and witchcraft? I’ve never believed such poppycock.” That means not just the two beliefs mentioned, but all similar kinds of thought. Lawyers use phrases like such property in such (ahem) a way that one can’t always be certain whether it’s the “property just mentioned” or “property of that type.
DON’T use #Template contracts or just because the #Lawyers_Society used to do it this way it means they are right!!, #Be_Creative, think twice about every #Article, do a #Brain_Storming to find out what kind of Disputes may arise from that word or this sentence and try to close every loophole you have, It’s all about Imagination…
Don’t stop writing but Stop repeating your mistakes…
DON’T DRAFT BECAUSE THEY ASK YOU TO DO,
DRAFT WITH PASSION…
AT THE END;
Best wishes for all,
Dr. Medhat Soliman.
- Garner’s Dictionary of Legal Usage 407 (3d ed. 2011).
- The Lawyers Guide to Writing Well, Tom Goldstein (3d ed. 2016).
- Garner, Legal Writing in Plain English 107–08 (2001).
- Garner’s Modern American Usage and Making Your Case: The Art of Persuading Judges (with Justice Antonin Scalia).