How make text plain English: Difference between revisions

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Step 1: look for telltale signs. They are not what you’d think. Search for these words:
Step 1: look for telltale signs. They are not what you’d think.  
 
*Average sentence length: Divide the number of words by the number of full stops. (It’s not a fully reliable indicator — lawyers like to punctuate lists with semi-colons — but it's a useful rule of thumb).
*Number of words per comnma: Divide the words by the number of commas. This will indicatge
Search for these words:
*[[by]] — indicates a likely [[passive]] construction
*[[by]] — indicates a likely [[passive]] construction
*[[or]] — indicates a [[laundry list]] to be shortened, or  — ohhhhhh tyhe irony — some kind of [[option]] that you could de-clutter
*[[or]] — indicates a [[laundry list]] to be shortened, or  — ohhhhhh tyhe irony — some kind of [[option]] that you could de-clutter
*[[of]] — indicates a [[nominalisation]] (a compound verb - "effect the execution of" rather than "execute".)
*[[of]] — indicates a [[nominalisation]] (a compound verb - "effect the execution of" rather than "execute".)
*-[[ing]] — indicates a participle, and a compound verb
*-[[ing]] — indicates a participle, and a compound verb
*-ly — indicates an adverb (a verb modifier) - look for a better verb
[[Dead words]]: delete dead phrases and any verbiage they carry with them: “whether or not”, “including”, “including but not limited to”, “for the avoidance of doubt”; “to the extent permitted by law”, “, or any other... ” “any and all” “of whatever nature”, “express or implied” “written or oral”,“whatever”, “however”, “howsoever”
[[Redundancies]]: Clear out any redundancies: “any and all” is “any”; “right, power or remedy” is “right”
Active, energetic writing: Use direct, active verbs:
*“the Receiving Party must ensure that the Confidential Information is protected and treated with the same degree of care that would apply to a Receiving Party’s own confidential information” becomes “''the Receiving Party must treat the Confidential Information with the same care as it treats its own confidential information''”
Get rid of over-descriptions
- In almost all cases, you don't need to ''define'' “[[Affiliate|Affiliates]]” or, really, even ''mention'' them in a [[contract]]


In a 2,300 word [[confidentiality agreement (!!) we found 74 participles
.

Latest revision as of 10:43, 25 March 2020

Step 1: look for telltale signs. They are not what you’d think.

  • Average sentence length: Divide the number of words by the number of full stops. (It’s not a fully reliable indicator — lawyers like to punctuate lists with semi-colons — but it's a useful rule of thumb).
  • Number of words per comnma: Divide the words by the number of commas. This will indicatge

Search for these words:

  • by — indicates a likely passive construction
  • or — indicates a laundry list to be shortened, or — ohhhhhh tyhe irony — some kind of option that you could de-clutter
  • of — indicates a nominalisation (a compound verb - "effect the execution of" rather than "execute".)
  • -ing — indicates a participle, and a compound verb
  • -ly — indicates an adverb (a verb modifier) - look for a better verb

Dead words: delete dead phrases and any verbiage they carry with them: “whether or not”, “including”, “including but not limited to”, “for the avoidance of doubt”; “to the extent permitted by law”, “, or any other... ” “any and all” “of whatever nature”, “express or implied” “written or oral”,“whatever”, “however”, “howsoever”

Redundancies: Clear out any redundancies: “any and all” is “any”; “right, power or remedy” is “right”

Active, energetic writing: Use direct, active verbs:

  • “the Receiving Party must ensure that the Confidential Information is protected and treated with the same degree of care that would apply to a Receiving Party’s own confidential information” becomes “the Receiving Party must treat the Confidential Information with the same care as it treats its own confidential information

Get rid of over-descriptions - In almost all cases, you don't need to defineAffiliates” or, really, even mention them in a contract

.