34 Legal words that I dislike

One of the things that I care passionately about is drafting in plain Anglo Saxon English. I tell new clients that they will never a document from me that contains words like “whereby”, “herein”, or “pursuant to...”. If they do they are to ring me immediately either at work or at home as something will have gone seriously wrong. I have been a member of Clarity for more than 25 years (a pressure group of lawyers in favour of simpler drafting whose commitment to the cause makes the Taliban look positively half-hearted…).

My approach is that I try hard not to use any words in legal documents that people would not use in ordinary conversation (apart from words that have a recognised meaning in a particular industry. I believe that this greatly helps in the understanding of the document. 

Here are some examples of words I try to avoid using. The acceptable alternatives are shown in brackets (in case you were wondering).

Aforesaid

Aggregate (total)

As the result of (from)

By means of (by)

By reason of (because of)

Cease (stop)

Commence (begin)

Effect

Endeavour (effort)

Expiration (end)

For the purpose of (to, for)

For the reason that (because)

Forthwith

Hereafter (later)

Hereinbefore

Hereby (can always be deleted altogether)

Herein

In accordance with (under)

In full force and effect (in effect)

In the event that (if)

Manner (way)

Null and void

Notwithstanding (despite or although)

Prior to (before)

Pursuant to (under)

Same (it)

Terminate (end, finish)

Thereafter (later)

Whatever (any)

Whatsoever (can be deleted altogether)

Whereas (background)

Whereby

Whenever (when, where)

With respect to (about, regarding)