Writing in Plain English for lawyers _ LESSON 1

We thought it would be helpful to list the most common problems we’ve encountered with disclosure documents.
Common problems:

• Long sentences
• Passive voice
• Weak verbs
• Superfluous words
• Legal and financial jargon
• Numerous defined terms
• Abstract words
• Unnecessary details
• Unreadable design and layout

In the following pages we offer some ways to fix these problems.


For example, here’s a common sentence found in prospectuses:

NO PERSON HAS BEEN AUTHORIZED TO GIVE ANY INFORMATION OR MAKE ANY REPRESENTATION OTHER THAN THOSE CONTAINED OR INCORPORATED BY REFER¬ENCE IN THIS JOINT PROXY STATEMENT/PROSPECTUS, AND, IF GIVEN OR MADE, SUCH INFORMATION OR REPRE¬SENTATION MUST NOT BE RELIED UPON AS HAVING BEEN AUTHORIZED.

Here’s one possible plain English rewrite:

You should rely only on the information contained in this document or that we have referred you to. We have not authorized anyone to provide you with information that is different.

The plain English rewrite uses everyday words, short sentences, active voice, regular print, and personal pronouns that speak directly to the reader.

Use the active voice with strong verbs

The plodding verbosity of most disclosure documents makes readers yearn for clear words and short sentences. The quickest fix lies in using the active voice with strong verbs. Strong verbs are guaranteed to liven up and tighten any sentence, virtually causing information to spring from the page. When you start to rewrite or edit your work, highlighting all the verbs can help. You may be surprised by the number of weak verbs, especially forms of “to be” or “to have” that you’ll find.
The time you spend searching for a precise and strong verb is time well spent. When a verb carries more meaning, you can dispense with many of the words used to bolster weak verbs.
Weak verbs keep frequent company with two more grammatical undesirables: passive voice and hidden verbs. In tandem, they add unnecessary length and confusion to a sentence.

The active and passive voices


Don’t ban the passive voice, use it sparingly

As with all the advice in this handbook, we are presenting guidelines, not hard and fast rules you must always follow. The passive voice may make sense when the person or thing performing the action is of secondary importance to another subject that should play the starring role in sentence. Use the passive voice only when you have a very good reason for doing so. When in doubt, choose the active voice.

Find hidden verbs
Does the sentence use any form of the verbs “to be,” “to have,” or another weak verb, with a noun that could be turned into a strong verb? In these sentences, the strong verb lies hidden in a nominalization, a noun derived from a verb that usually ends in -tion. Find the noun and try to make it the main verb of the sentence. As you change nouns to verbs, your writing becomes more vigorous and less abstract.

before                        after
We made an application... We applied...
We made a determination... We determined...
We will make a distribution... We will distribute...

before
We will provide appropriate information to shareholders concerning...
after
We will inform shareholders about...

before
We will have no stock ownership of the company.
after
We will not own the company’s stock.

before
There is the possibility of prior Board approval of these investments.
after
The Board might approve these investments in advance.

[By the Office of Investor Education and Assistance
U.S. Securities and Exchange Commission
450 5th Street, N.W.
Washington, DC 20549]

Famous Resume Myths - Debunked!

Resume writing myths you may have heard, but should forget!

There is no one best way to write a resume; there are no absolutes. Every career counselor and recruiter has his or her own take on resume writing. Even the formatting you use and the positions you list depend on the industry, the specific job, and your experience. But amid all the potentially conflicting opinions, there is some agreement on common resume myths.

1. Your resume must be only one page.

False. "Your resume should be as long as needed [in order] to get your concise message across with zip and punch," says Joyce Lain Kennedy, careers columnist and author of Resumes for Dummies. If your experience and background justifies two or more pages, so be it. Recent grads shouldn't go beyond one page, but senior executives with decades of experience will probably need at least two pages.

The rules are slightly different for resumes sent via e-mail. Laura Dominguez Chan, a Stanford University career counselor, says that in that instance, shorter is better for both cover letters and resumes.

2. Prospective employers don't read cover letters.

False. "Remember that anything you send is part of an image you're projecting," says Dominguez Chan. "If [nothing else,] your cover letter shows your writing skills…and if all the candidates [for the position] really are top notch, it could be the cover letter that lands you the job."

3. Resumes should include and describe your entire work history.

False. Your resume is a sales piece, a personal marketing tool. Take time to consider what skills the position requires. It’s likely that a part-time job you took for a few months isn't going to be relevant or impressive. Unless you need to cover a significant time gap, it’s wise to include only those jobs that will showcase your ability to excel in the position for which you’re applying.

Volunteer and other non-paid positions can be just as valuable as paid ones—especially if you’re a recent grad or are re-entering the workforce after an absence. Use your resume format to communicate volunteer work as experience.

4. It's okay to fib on your resume.
False. If you think "blowing smoke on your resume—inflating grades, inventing degrees, concocting job titles—is risk free because nobody checks, you're wrong," says Joyce Lain Kennedy. Employers do check, and those fibs will catch up with you.

"People think they have to puff themselves up," says Ronnie Gravitz, a career counselor at UC Berkeley. "You just need to make a good case for what you have done.”

5. Including "References available upon request" is standard resume protocol.

False. "An employer won't assume [that] you don't have references," says Dominguez Chan. “[Removing the line] gives you more room to include important information about who you are." She adds, "The only reason to include that [information] is if for some reason references are absolutely needed in the field. Academic positions, for example, typically ask for several reference names and/or letters."

6. If your resume is good enough, it will produce a job offer.

False. Your resume is only one part of the process. Its job is to land you an interview. "Once you get the interview, says Joyce Lain Kennedy, "you are what gets you a job—your skills, your savvy, your personality, your attitude."

I had it professionally translated.......

Citing EU documents

Italicise the titles of white and green papers. Separate

the main title and the subtitle, if any, with a colon. Use initial capitals on the

first and all significant words in the main title and on the first word in the

subtitle. Launch straight into the italicised title: do not introduce it with ‘on’,

‘concerning’, ‘entitled’, etc.

In the White Paper

Growth, Competitiveness, Employment: The challenges and

ways forward into the twenty-first century

, the Commission set out a strategy …

The White Paper

Growth, Competitiveness, Employment was the first …

In

Growth, Competitiveness, Employment, on the other hand, the Commission set

in motion …

[this form might work where the White Paper had already been

mentioned, for example, or in an enumeration]

The Green Paper

Towards Fair and Efficient Pricing in Transport: Policy

options for internalising the external costs of transport in the European Union

The

Green Paper on Innovation [‘Green Paper on’ is part of its title]

Do the same with the titles of other policy statements and the like that are

published in their own right:

the communication

An Industrial Competitiveness Policy for the European

Union

[published as Bull. Suppl. 3/94]

the communication

Agenda 2000: For a stronger and wider Union [when the

reference is to the title of the document, which was published in Bull.

Suppl. 5/97; but of course we would probably say ‘an Agenda 2000 priority’ for

example]

If a policy statement has a title, but has not as far as you know been published,

put the title in inverted commas:

the communication ‘A European Strategy for Encouraging Local Development

and Employment Initiatives’

[this appeared in OJ C 265 of 12 October 1995,

and its title is cast like the title of a book, but it does not seem to have been

published in its own right]

‘Communications’ that are not policy statements, such as the announcements

which regularly appear in the Official Journal (OJ), get no italics, inverted

commas, or special capitalisation:

the Commission communication in the framework of the implementation of

Council Directive 89/686/EEC of 21 December 1989 in relation to personal

protective equipment, as amended by Council Directives 93/68/EEC, 93/95/EEC

and 96/58/EC [OJ C 180 of 14 June 1997]

Seven Ways To Improve Your Legal Writing Skills

The written word is one of the most important tools of the legal profession. Words are used to advocate, inform, persuade and instruct. Although mastering legal writing skills takes time and practice, superior writing skills are essential to success. Polish your legal writing skills through the simple tips below.

1. Remember Your Audience

Every word you write should be tailored to the needs of the reader. Documents that embody the same research and message may vary greatly in content and tone based on the document’s intended audience. For example, a brief submitted to the court must advocate and persuade. A memorandum to a client must analyze the issues, report the state of the law and recommend an appropriate course of action. Always keep your audience in mind when crafting any piece of writing.

2. Organize Your Writing

Organization is the key to successful legal writing. Create a roadmap for your writing by using visual clues to guide the reader. Introduce your subject in an introductory paragraph, use transitional phrases (“moreover, “furthermore,” “however,” “in addition,” etc.) between each paragraph, introduce each paragraph with a topic sentence and use headings and subheadings to break up blocks of text. Limit each paragraph to one topic and sum up your message with a concluding sentence or paragraph. Organizational structure guides the reader through your text and promotes readability.

3. Ditch The Legalese

Legalese - specialized legal phrases and jargon - can make your writing abstract, stilted and archaic. Examples of legalese include words such as aforementioned, herewith, heretofore and wherein. Ditch unnecessary legalese and other jargon in favor of the clear and simple. To avoid legalese and promote clarity, try reading your sentence to a colleague or substituting abstract words with simple, concrete terms. For example, instead of “I am in receipt of your correspondence,” “I received your letter” is clearer and more succinct.

4. Be Concise

Every word you write should contribute to your message. Omit extraneous words, shorten complex sentences, eliminate redundancies and keep it simple.
Consider the following sentence:
“Due to the fact that the defendant has not attempted to pay back the money owed to our client in the amount of $3,000 it has become absolutely essential that we take appropriate legal action in order to obtain payment of the aforesaid amount.”
A more concise version reads: “Since the defendant has not paid the $3,000 owed our client, we will file a lawsuit seeking reimbursement.” The latter sentence conveys the same information in 18 words versus 44. Omitting unnecessary words helps clarify the meaning of the sentence and adds impact.

5. Use Action Words

Action words make your legal prose more powerful, dynamic and vivid. Add punch to your writing with verbs that bring your prose to life. Here are a few examples:
Weak: The defendant was not truthful. Better: The defendant lied.
Weak: The witness quickly came into the courtroom. Better: The witness bolted into the courtroom.
Weak: The judge was very angry. Better: The judge was enraged.

6. Avoid Passive Voice

Passive voice disguises responsibility for an act by eliminating the subject of the verb. Active voice, on the other hand, tells the reader who is doing the acting and clarifies your message. For example, instead of “the filing deadline was missed,” say “plaintiff’s counsel missed the filing deadline.” Instead of “a crime was committed,” say “the defendant committed the crime.”

7. Edit Ruthlessly

Edit your writing ruthlessly, omitting unnecessary words and rewriting for clarity. Careful proofreading is particularly important in legal writing. Spelling, punctuation or grammatical errors in a document submitted to the court, opposing counsel or a client can undermine your credibility as a legal professional.

by S. Kane

«No say the cat is in the sac»

http://video.corriere.it/no-say-the-cat-is-the-sac/26694a22-0c4c-11e1-bdbd-5a54de000101

The collapse of the trial of two footballers has renewed debate about England's contempt of court laws

This is not the first time that a judge has halted a trial in England because of prejudicial publicity. But it's unusual for the case to be stopped so late in the legal process. The case centred on allegations that four men, including two well-known English footballers, Jonathan Woodgate and Lee Bowyer, attacked an Asian student in Leeds city centre -- inflicting grievous bodily harm. All the defendants have denied being involved.

As the jury was deliberating its verdicts in the original trial, the judge called the proceedings to a halt, after deciding that a newspaper article about the case was potentially prejudicial. This area of law, known as contempt of court, is familiar to all properly trained journalists in England. They must avoid publishing or broadcasting any material that poses a substantial risk of seriously prejudicing a fair trial. Although the stipulations are laid out in law, the question of what constitutes a substantial risk is open to debate.



prejudicial publicity: information about a case which is not given in court but which could change the jurors' opinion

allegations: an allegation is a statement suggesting that someone has done something wrong

grievous bodily harm: very serious physical injury

denied being involved: said it was not true that they took part

verdicts: a verdict is the decision given at the end of a trial

contempt of court: the criminal offence of disobeying instructions from the judge or a court of law

stipulations: conditions: if you stipulate that something must be done, you state clearly that it must be done

constitutes: if something constitutes a particular thing, you can regard it as being that thing