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LEGALEESE MODERN LEGAL WRITING


Improve the sentence by converting them into
Sentences using the passive voice
an active voice
While there is an on-going arbitration While the tribunal is conducting an on-going
proceeding being conducted by the tribunal. arbitration proceeding.
(Legal Article)
The arbitral tribunal is deemed constituted The arbitral tribunal is deemed constituted
when the sole arbitrator or the third arbitrator, when the sole arbitrator or the third arbitrator,
who has been nominated, has accepted the who has been nominated, has accepted the
nomination and written communication of said nomination and written communication of said
communication, and acceptance has been communication, and the party making the
received by the party making the request. request had received the acceptance.
(Legal Article)
The conflict or inconsistency shall be resolved The arbitral tribunal shall resolve the conflict
by the arbitral tribunal, and not by the courts. or inconsistency and not the courts.
(Legal Article)
Improve the sentences/paragraphs by adding
Sentences/Paragraph that lacks connection the right connective or transitory device

There are other reforms that should be Therefore, there are other reforms that should
undertaken to improve commercial arbitration be undertaken to improve commercial
in the Philippines. (Legal Article) arbitration in the Philippines.

The rule gives real power to an arbitral tribunal Hence, the rule gives real power to an arbitral
in addressing applications for interim measures tribunal in addressing applications for interim
of protection. (Legal Article) measures of protection.
This Rule renders unquestionable that arbitral Unquestionably, This Rule renders the arbitral
tribunal’s power to determine the merits of the tribunal’s power to determine the merits of the
dispute. (Legal Article) dispute.
Sentences with abstract words Improve the sentences by using concrete words
Thus, our view leans toward the negative i.e. Thus, we do not agree, Ord. 7, s. 2019 is not
the Ord. 7, s. 2019 is not fully compliant to fully compliant to DDB Reso. 13, s. 2018.
DDB Reso. 13, s. 2018. (Legal Opinion) Or
Thus, Ord. 7, s. 2019 is not fully compliant to
DDB Reso. 13, s. 2018.
A judge in the case of judicial system or an A judge in the case of civil or criminal
administrative officer in the case of quasi- proceedings or an administrative officer in a
judicial system. (Legal Article) administrative case.
It takes the dispute out of mainstream It takes the dispute out of the intervention of
litigation, and provides an alternative avenue the courts and provides an alternative avenue
for dispute resolution. (Legal Article) for dispute resolution.
Improve the sentences by removing the
Sentences with tautology
redundant words
An arbitral tribunal cannot be appointed if one An arbitral tribunal cannot be appointed if one
of the parties to the arbitration agreement of the parties to the arbitration agreement
refuses to cooperate with the other party in the refuses to cooperate in the selection of the
selection of the arbitrator or arbitrators who arbitrator or arbitrators who will constitute the
will constitute the arbitral tribunal. tribunal.
(Legal Article)
This rule is supported by rules found in other
This rule is supported by other sections of the
sections of the Special ADR Rules.. (Legal
Special ADR Rules.
Article)
He should be held bound by the representations He should be bound by the representations in
in that contract the he had dealt only with Ted that contract the he had dealt only with Ted in
in his personal capacity. (Legal Memorandum) his personal capacity.
Statement using the legalese language or legal
Improve the statements using plain language
cliches
Here, clearly, Ted acted in his own name. Clearly, Ted acted personally.
(Legal Memorandum)
Maranan next claims that Gonzalo Realty Maranan next claims that Gonzalo Realty
should be considered as having ratified the should be considered as having subsequently
contract in question… (Legal Memorandum) approved the contract in question…
Correspondingly, we shall defer to the Correspondingly, we shall yield/give-way to
comments, opinion, and/or recommendation of the comments, opinion, and/or
the CSC and DDB on the same. (Legal recommendation of the CSC and DDB on the
Memorandum) same.

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What is the value of legal documents if they are hard to understand? It is not new to us
that laws are promulgated in a way that a common person can understand. However, a lot of
legal documents still use jargons different from that a normal individual utilizes.

Simplicity – what is important to a document is how the author or the writer can properly
present his work. At this time, people will not pay attention nor be interested to read such if in
the first place they do not know the words employed by the writer.

Moreover, there are also persons who are not in the same profession like us having
interest in looking and reading these kinds of articles. We must take precaution in preparing and
anticipating that our readers will not be always those who are in legal profession. Make it simple
but be sure that the impact will retain.

Accuracy – what is the relevance of using those difficult words if it will not contribute to
the topic discuss. Words used may be simple but the accuracy to the matter under consideration
is the first priority.

Clarity – if a document is full of vagueness, then the purpose it sought to accomplish will
not be achieved. Clarity is a must since if a person has a claim he must present it with clearness
to persuade his readers.

Hence, it is not about the difficult words employed in the document, which are commonly
used, but it is how these words are able to communicate to the reader what the author seeks to
deliver. A person may not excuse himself from liability because he is not conversant or he does
not understand the law, thus, it is our duty to make these laws easily to be understood by people
of common intelligence.

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This activity is very helpful because it provided guides on how to properly write
and prepare my own legal document. Now, I am fully aware of the do’s and don’ts’. These are
precautions that need to be kept in mind because this is not only relevant for a law student but it
also applies to other professions. Hence, this is one way of improving the writing skills not only
for a law student but a potential writer or author of a book, article, and other documents.

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