Murder your darlings
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.