Murder your darlings: Difference between revisions

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====General Principles====
====General Principles====
*''Avoid definitions''. Mostly, people can figure out what you mean with little doubt from the context. Only use definitions when you are using a woord in a specific way that does not align with its ordinary meaning.  
*''Avoid definitions''. Mostly, people can figure out what you mean without doubt from the context. Only use definitions when you are using a word in a specific way that does not align with its ordinary meaning.  
**So don't define "tax" as any tax, duty, excise, deduction, witholding impost or lvey imposed by a competent authority any other familiar term that will, you know, ''show up on the Google as a freaking synonym for "tax"''.
**'''Example''': don't define "tax" if all you mean is "any tax, duty, excise, deduction, witholding impost or levy imposed by a competent authority haviung power to tax..." or by reference to a familiar term that will, you know, ''show up on the Google as a synonym for "tax"''. If
*''Use the active tense''. Avoid the passive whenever you can.
*''Use the active tense''. Avoid the passive whenever you can.



Revision as of 12:42, 24 June 2015

General Principles

  • Avoid definitions. Mostly, people can figure out what you mean without doubt from the context. Only use definitions when you are using a word in a specific way that does not align with its ordinary meaning.
    • Example: don't define "tax" if all you mean is "any tax, duty, excise, deduction, witholding impost or levy imposed by a competent authority haviung power to tax..." or by reference to a familiar term that will, you know, show up on the Google as a synonym for "tax". If
  • Use the active tense. Avoid the passive whenever you can.

Specific examples

  • For the avoidance of doubt: This is an explicit acknowledgment that what you have just written contains doubt. You are a solicitor. You are an officer of the Queen's English. Physician, heal thyself.
  • "(including, without limitation ...)"
  • "unless otherwise agreed by the parties": This is true of every english law contract there ever was. The clue is the definition of "contract". It's an agreement between the parties.
  • "and/or"
  • "We reserve the right to ..." - Wait a minute: Did you just give that right away? If so, you can't reserve it. If you didn't, you've still got it, so - you know - shut up already.
  • ", whether ... or otherwise," - kill it. Go on, just kill it. You'll feel so much better.
  • "we may, but shall not be obligated to, ... " - collapses quite happily down to "we may ..."
  • "Please be advised/please be aware, please note" - If your counterparty is reading the document, she is being advised, becoming aware, and taking note. If she's not, it won't make a damn of difference.

"The parties agree that..." - you don't say. It being an agreement and everything. Try something novel - don't say it.