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===Kill these first=== | ===Kill these first=== | ||
*[[Deemery]]: [[Deemed]], [[deem]], shall be deemed to be | |||
*[[unless otherwise]], [[or otherwise]], other than...: Can always be addressed with a general statement in construction. | |||
*[[Notwithstanding the foregoing]] | *[[Notwithstanding the foregoing]] | ||
*[[For the avoidance of doubt]] | *[[For the avoidance of doubt]] | ||
*Including, [[without limitation]] | *Including, [[without limitation]], including but not limited to: redundancy | ||
*if applicable | |||
*[[one or more]] | *[[one or more]] | ||
*The Counterparty may, but shall not be [[obligated]] to | *The Counterparty may, but shall not be [[obligated]] to | ||
* directly or indirectly | |||
===Don’t use fusty expressions=== | ===Don’t use fusty expressions=== | ||
*[[Shall]] | *[[Shall]] is a bad, ambiguous word, and it makes you sound like a jerk. Use [[must]], for an imperative, or [[will]], for a declarative. [[Shall have]] and [[shall be]] indicate passives. | ||
*[[And/or]] is ''always'' just “[[or]]”. | *[[And/or]] is ''always'' just “[[or]]”. | ||
*[[Constitute]]: is | |||
*[[Shall be entitled to]]/shall not: ''may'' or ''may not''. | |||
*For the purpose of | |||
*shall have no liability -> is not liable | |||
*[[In respect of]] | |||
*[[With respect to]] | |||
*[[In connection with]] | |||
*[[In relation thereto]] | |||
*[[In accordance with]] | |||
*Under any/no circumstances | |||
*such ~, any such ~ | |||
*as the case may be | |||
*May or may not | |||
*[[In the event that]] | |||
*[[to the extent that]] | |||
*[[The occurrence of]] | |||
*[[not less than]] | |||
*[[in respect thereof]] | |||
*pursuant to — under | |||
*thereunder | |||
*an amount equal to | |||
*one or more | |||
*for the time being | |||
*thereof, therefrom, therefor, therewith | |||
=== Convoluted constructions: De-[[Fish principle|Fishifying]] === | |||
Keep your logical constructions as plain as they can be. Lawyers are encouraged from birth not to, so this will be really hard to unlearn. For example: | |||
* “'''Term''' means, ''in respect of any Series,'' has the definition given to such term in the Instrument ''for that Series.''” The giveaway here is that you’ve had to use “Series” twice. Rework to: “Term will be defined in each Series Instrument.” | |||
* Loss: claims, liabilities, costs, expenses, damages, losses, demands, | |||
=== Contruction section === | |||
'''Successors, amendments, replacements''': THIS IS WHAT A CONSTRUCTION SECTION IS FOR. It is a place to send all your pedants, where they can joust with each other to their hearts' content, rather than doing it all over your special legal terms. | |||
'''Applicable law''': everything is subject to applicable law and decisions of courts. | |||
===Numbering=== | ===Numbering=== | ||
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*Avoid wimpy writing: Avoid "almost", "seems to". | *Avoid wimpy writing: Avoid "almost", "seems to". | ||
*use | *use | ||
===Hemingway and the Kansas City Star | ===Hemingway and the Kansas City Star=== | ||
[[File: Kansas Star style guide|500px|center|frameless | [[File: Kansas Star style guide.pdf|500px|center|frameless]] | ||