Professional Documents
Culture Documents
Substitute Names
Identifying parties based on their positions in the case often results
in confusion (“complainant”, “defendant”, “petitioner”)
It is better to use their names (thereafter the shortcut of their
names) throughout your discussion especially when the case reaches
a higher court and the parties begin to assume cumbersome and
confusing descriptions
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CHAPTER 12: WRITING LEGALESE o Posits - assumes
o Was in possession - had
Law is a device for social control. Since effective obedience to laws o Commenced - filed
requires an understanding of them, laws should be written in plain and o Contentions - claims
ordinary English or Filipino that the average layman could understand o Stated – said
o Implemented – carried out
Legal Clichés o Manner – way
To non-lawyers, legal clichés sound so unnatural and pretentious, if
As a rule, the easier word is the better choice if it means exactly the
not arrogant.
same thing
o Petitioner respectfully submits
o Even a cursory perusal of Section 21 will readily reveal Cheap Words
o Lest it be forgotten, the law is supreme Examples: good, nice, pretty, ugly, bad, awful, big, little, fast, slow,
o We humbly submit that the answer to the foregoing query is funny, crazy, great, fine
a resounding no Look for a more precise meaning in the thesaurus
o Suffice it to state o Crazy – mad, lunatic, bereft of reason, irrational
o The argument is untenable Do not dwell in the slum of cheap language
o The argument is bereft of merit
Legal clichés get in the way and do not add to the meaning of the Self-praise
main message of the sentence Don’t include remarks about how diligently you have worked on your
cases. They sound like self-praise and they divert attention from the
Old English main message of the sentence
In the case at bar o In our considered opinion
In the instant case o A careful scrutiny
The parties in the case at bench have agreed to arbitration o After thoroughly going over the records
To wit:
Thereat, hereto, aforesaid, thereby, thereof, therewith, forthwith, Sentence-length Variety
herein, therefrom Your inner ear is tuned to verbal sentences of various lengths
Writing is a form of talk – preserved talk. You strain the inner ear
Sounding Formal when you write sentences at more or less uniform lengths. It is
Standard for all effective writing is being understood unnatural.
Some lawyers insist on using POLYSYLLABIC words like accompanied CAPTURE IN WRITING THE BASIC RHYTM OF SPEECH. Vary your
instead of “went with”; informed instead of “told” sentence length.
They sound like stuffed shirt