Here is an assorted list of problem words and phrases. I suggest you substitute those in the left column with the ones in the right
|
Bad
|
Good
|
| Accordingly
| So, therefore
|
| Afforded
| Given
|
| Aforesaid
| Omit
|
| All and singular
| All
|
| And/or
| And, or, either …… or, both
|
| As a result of
| Because of
|
| At this point in time
| Now
|
| Bring an action against
| Sue
|
| By virtue of
| Because of, under
|
| Consequently
| So
|
| Contained in
| In
|
| Covenant and agree
| Agree
|
| The day and year first hereinabove written
| State the date
|
| Devise
| Give
|
| Enclosed please find
| We enclose
|
| Endeavour
| Try
|
| Estop
| Stop
|
| Et al
| And the others, the rest
|
| Expeditiously
| Quickly, state a time limit
|
| Fails to
| Does not
|
| For and on behalf of
| For
|
| Fortwith
| Immediately, now, state a time limit
|
| From time to time
| Omit
|
| Furnish
| Give
|
| He/She/It/They
| They (as singular and plural)
|
| Give consideration to
| Consider
|
| Grant
| Give
|
| Henceforth
| From now on
|
| Hereby, hereinafter called, hereunto, howsoever
| Omit
|
| Implement
| Carry out, fulfill
|
| In respect of
| About, for, as to
|
| Instrument
| Document
|
| In the event of
| If
|
| Last will and testament
| Will
|
| Make an application
| Apply
|
| Make payment
| Pay
|
| Means and includes
| Means, includes
|
| Nothing in this clause
| This clause does not
|
| Not less than
| At least
|
| Not more than
| At most
|
| Notwithstanding
| Even if
|
| Now therefore this agreement witnesseth
| Omit
|
| Null void and of no effect
| Of no effect
|
| Party of the first part/Party of the other part
| Use client names
|
| Prior to
| Before
|
| Provided that
| But, if
|
| Pursuant to
| Under, according to
|
| Request
| Ask
|
| Shall (future)
| Will
|
| Shall (imperative)
| Must
|
| Subsequent to
| After
|
| Terms and conditions
| Terms
|
| Until such time as
| Until
|
| Whatsoever, wheresoever, whosoever
| Omit
|
| With the result that
| So that
|
Jettison words and phrases on the left and use those on the right.
|
Bad
|
Good
|
| Ab initio
| From the start
|
| Amicus curiae
| Friend of the court
|
| A priori
| From assumed principles
|
| Bona fide
| Good faith, genuine, honest
|
| Chattels
| Goods
|
| Et al
| And the others, the rest
|
| Et seq
| And those following
|
| In personam
| Personal, personally
|
| Inter alia
| Among other things
|
| Inter se
| Among themselves
|
| Mens rea
| State of mind
|
| Mutatis mutandis
| With necessary changes
|
| Obiter dictum
| Part of the judgment not essential to case decision
|
| Prima facie
| At first glance
|
| Res ipsa loquitor
| It speaks for itself
|
| Sui generic
| The only one of its kind
|
| Sui juris
| Of full legal capacity
|
| To wit
| Namely
|
| Uberrimae fide
| Utmost good faith
|
Do not use several words when some will do (Robert Dick describes this as killing one bird with three stones, Legal Drafting in Plain Language, 1995)
|
Bad
|
Good
|
| Alienate transfer and convey
| Transfer
|
| Due and payable
| Due
|
| Each and every
| Every
|
| Fit and proper
| Proper
|
| Free and clear
| Free
|
| From and after
| From
|
| Give devise and bequeath
| Give
|
| Goods and chattels
| Goods
|
| Have and hold
| Have
|
| Had and received
| Received
|
| Indemnify and hold harmless
| Indemnify
|
| Keep and maintain
| Maintain
|
| Null void and of no effect
| Of no effect
|
| Rest residue and remainder
| Rest, balance
|
| Remise release and quitclaim
| Release
|
| Save and except
| Except
|
| Will and testament
| Will
|
Many law firms, consulting agencies and commercial institutions realize the benefits of using plain language - and draft documents, correspondence and pleadings keeping the reader in mind
