Because of what we learned in school, most of
PLAIN ENGLISH, PLEASE!
ATTY. RONEY JONE P. GANDEZA
Law Professor, University of the Cordilleras
Bar Reviewer in Civil Law
Powerhauz Law Review Center
Cosmopolitan Review Center
***************************
Introduction
Do you think that:
• making your writing complicated will impress
your readers?
• using complex vocabulary and convoluted
sentence structures will make you look smart?
• two or three words are better than one?
• jargons are desirable?
• or, do you just want to use lots of words to fill
up that word count?
If you answered yes to any of these then you
might be making your writing overly complex
and so confusing to the reader.
There is a growing move to simplify the
language used in official and business
documents because many of these have become
so convoluted that the intended message is lost.
This move is known as the campaign for plain
English.
The premise of this lecture is that good writing
should not differ from ordinary well-written
English. As a well-known New York lawyer told
the young associates in his firm, “Good legal
writing does not sound as though it had been
written by a lawyer.”
In short, good writing is plain English.
Reality check
Writing well isn’t easy. Most people don’t write
well -- even college graduates who think they
do. Most doctors, accountants, businesspeople,
engineers, and professors--even lawyers, aren’t
accomplished writers.
1|Page
us ended up as average writers: wordy, artificial,
often ungrammatical, and largely unreadable.
Our current reality is complex language -- too
many complex writings and documents that are
difficult, if not impossible, to understand.
Consider this sentence
In spite of the fact that a large proportion of our
members are at this point in time of the opinion
that the co-op needs to hire additional
employees, there is a serious danger that funding
for these jobs will be eliminated altogether in the
not too distant future.
Revised (plain English)
Although many members believe that the co-op
needs more employees, funding for these jobs may
soon be eliminated.
In short
The revised version--written in plain language--
is easier to read, but it goes against what we
learned in school--we had to reach a certain
word count and had to use flowery
constructions to fill the extra spaces.
Writing is like any other skill–you can improve,
but you’ll have to dedicate yourself to it. The
easier path is to settle for being a so-so writer. It
won’t be easy. But once you become a skilful
writer, your rewards will be great.
Friendly reminder
Some sections in this lecture presentation will
serve only as reminders of what you’ve heard
before but perhaps forgotten. Other techniques
will probably be new to you. What matters most,
in the end, is how you apply sound practices in
your writing. You will have to use good
judgment. No blackletter rule can substitute that.
What is plain English?
Plain English refers to writing that is clearly
understandable by almost anyone. When we
speak about the techniques of writing Plain
English, we are referring to some of the
techniques known to make writing clear and
effective. These techniques are found in such
studies as style, composition and rhetoric.
Plain English is communication your audience
can understand the first time they read it. Plain
English has the following advantages:
• It is faster to write.
• It is faster to read.
• It is easier to understand.
Example 1
This letter will serve to notify you of our receipt
of your letter outlining the terms of our
agreement.
Plain English
We have received your letter outlining our
agreement.
Example 2
We are expecting that a tender of the money to
you will be made in the near future prior to the
time when the court will be able to determine
and adjudicate the issues.
Plain English
We expect to pay you soon, even before the
court rules.
Example 3
I, Juan dela Cruz, do hereby authorize my
lawyer, Atty. Roney Jone P. Gandeza, to accept
and receive on my behalf the amount of Fifty
Thousand Pesos (P/50,000.00) as settlement
money due to me from X Insurance Co. arising
from the vehicular accident which occurred on
May 1, 2016 along Session Road, Baguio City.
Plain English
I authorize Atty. Roney Jone P. Gandeza to
receive on my behalf P/50,000.00 from X
Insurance Company. This is settlement money
from the vehicular accident on May 1, 2016
along Session Road, Baguio City.
Who benefits from plain English
2|Page
Plain English is intended for all writers whoever
their readers are.
Writers wishing to communicate with the
general reader need to produce material which
largely consists of simple words and is written in
relatively short sentences.
Writers wishing to communicate with
professionals have to use complex vocabulary
and sometimes complex sentences to fit the
needs of the subject. However, readers have long
complained that the difficulty with professional
journals is not so much the subject matter -
technical vocabulary -  as the way it is presented
- the grammar, style and the use of familiar or
long non-technical words.
The reader
Whether writing is clear and effective depends
on the intended reader. In general, a message is
clear and effective when it is written using
words that are familiar to the intended reader
and uses sentences of a reasonable length that
the intended reader is able to understand.
PRINCIPLES OF PLAIN ENGLISH
PRINCIPLE 1
Prefer the active voice over the passive
Think of it this way. If you’re active, you do
things; if you’re passive, things are done to you.
Its the same with subjects of sentences. In the
active voice, the subject does something.
The Committee dismissed the complaint.
In the passive voice construction, something is
done to the subject.
The complaint was dismissed by the Committee.
Keep this fail-safe test in mind
If you see a be-verb (such as is, are, was, or
were) followed by a past tense verb, you have a
passive-voice construction.
• is dismissed
• are docketed
• was vacated
• were reversed
• been filed
• being affirmed
• be sanctioned
• am rewarded
Friendly reminder
In a passive sentence, the subject is not the doer.
If the doer is mentioned at all, it is often buried
in a phrase beginning with by.
Examples
The accused is arrested by the police.
The police arrested the accused.
The employees are urged by the Manager to
attend the seminar.
The Manager urged the employees to attend the
seminar.
The ball was caught by Abe.
Abe caught the ball.
Three directors were elected by the members.
The members elected three directors.
PRINCIPLE 2
Make everything you write speakable
A writer once said: “Writing, when properly
managed, is but a different name for
conversation.”
Readers are drawn into conversational writing as
they are into a good conversation, and this style
of writing is relaxed, fun, and more engaging.
Making your writing style more conversational
doesn’t mean following rigid rules of writing. It
just means that you write as if you’re talking to
the reader, instead of using more formal or
academic language.
My favorite writing tip comes from Kurt
Vonnegut, who advised writers to have a specific
reader in mind, and write as if you’re talking to
that person. His ideal reader was his sister. Who
is yours? If you’re talking to the world in
general, you’ll probably write more like a
speech, rather than like a conversation.
First: Use contractions
Write as you talk is the accepted rule of writing
readability – and in English, the most
3|Page
conspicuous and handiest device of doing that is
to use contractions.
A 1989 study confirmed this: it found that
frequent contractions enhance readability. This
advice applies not just to court papers but also to
contracts, rules, policies, memos, letters, and
other legal documents.
Example 1
If you’re talking to the world in general, you’ll
probably write more like a speech, rather than
like a conversation.
Example 2
Making your writing style more conversational
doesn’t mean following rigid rules of writing.
Second: Use personal pronouns
Another characteristic of a natural, spoken style
is the use of first-person and second-person
pronouns – especially we and you – as opposed
to third-party references such as mortgagor or
vendee.
Readers are much more engaged by a text that
speaks to them directly.
Not this
If the employee feels that an interview with the
immediate supervisor would be unsatisfactory,
he or his representatives may, in the first
instance, present his grievance to the manager.
But this
If you feel that your supervisor will not handle
your case fairly, you may go directly to the
manager.
Not this
The Committee finds that Director X falsified
his loan application.
But this
We find that Director X falsified his loan
application.
Not this
It is recommended that the mediation program
be approved.

But this
We recommend that the mediation program be
approved.
Third: Begin sentences with “and,” “but,” and
“so”
You do this in speech all the time. Good writers
routinely do it in print – nearly 10% of the time.
But writers, especially legal writers – often lapse
into stiffer sentence openers like Similarly,
However, Consequently, and Inasmuch as. Try
replacing these heavy connectors with faster,
more conversational ones.
Consider this
Our chairperson wanted to leave the office, drive
home, and spend the evening with his family.
However, he knew that duty called him to finish
the project and to put his best effort into making
it superb.
Revised
Our chairperson wanted to leave the office, drive
home, and spend the evening with his family.
But he knew that duty called him to finish the
project and to put his best effort into making it
superb.
Or this
She was a nice girl. And smart, too.
Test of naturalness
Here’s a good test of naturalness.: if you
wouldn’t say it, then don’t write it. You’ll give
your writing much more credence if you come
across as sincere, honest, and genuine. Your
words will be plainer, your style more relaxed,
and your prose more memorable. You should
probably try reading your prose aloud to see
whether you’d actually say it the way you’ve
written it.
PRINCIPLE 3
Omit needless words and phrases
The more words we need to read to understand a
sentence, the harder it is to grasp its meaning.
This is especially true when the extra words
supply no extra meaning.  You can reduce
4|Page
redundancy or long-windedness in your writing
by:
 replacing a phrase with a word that means
the same thing;
 deleting words that have little or no meaning;
 deleting words that are implied by other
words in the sentence; or
 changing negatives to positives.
The following example has many unnecessary
words and round-about expressions:
Example
In the eventuality that a threat of danger occurs
during the period of time the operator is on
duty, the operator should press the alarm button
with the purpose of alerting other people with
the intention of causing them to exit away from
the building.
 in the eventuality that (if)
 a threat implies danger
 during the period of time (when)
 with the purpose of ( to)
 with the intention of causing (to cause)
 to exit away from (to exit)
This gives us
If a threat occurs when the operator is on duty,
the operator should press the alarm button to
alert other people to cause them to exit the
building.
However, we might replace everything
after alarm button and exit the building. The
notice is directed to the operator. Notices to
others might say, "If you hear the alarm, exit the
building fast." This gives us:
If a threat occurs when the operator is on duty,
the operator should press the alarm button and
leave the building.
Even better, be simple and direct
If a threat occurs, press the alarm button and
leave the building.
Wordy Expressions
The following table gives examples of wordy might think that she is very flattering to him
ways of saying what we could say in fewer - compliments him - and might view the
words. sentence negatively: thinking he is vain and
Instead of Try corruptible, promoting her above more able
colleagues because she makes him feel
as a consequence of because, for bigheaded, and she is a bootlicker because she
despite the fact that although, despite seeks power through her feminine wiles and not
for the purpose of to through her intelligence and ability; they may
in accordance with following think this instead of correctly thinking her
in conjunction with with strengths in business make up for his
in order to to weaknesses, so together they make a powerful
in the event of if team.
in view of the fact that because Even though further statements might correct
on the assumption that if this misunderstanding, the harm has been done,
prior to before and - at the least - the reader is confused, and -
relating to about in the worst case - the reader develops strong
with reference to about, concerning negative feelings. These negative feelings might
be hard to dispel, clouding further
by means of by
understanding. While making no error in
by virtue of by, under grammar or diction the writer has failed to get
subsequent to after through to the readers and has led them to feel
prior to before the opposite of what he intended. The moral is
for the period of for this: if readers do not know the meaning of a
by reason of because of word, they will guess it, perhaps wrongly, and if
in order to to you need to avoid the dangers of
misunderstanding, you will choose your words
PRINCIPLE 4 carefully. 
Use familiar words
Rule of thumb
You communicate more effectively when you
Use words your readers are likely to understand.
use words that are familiar to your readers.
Base your choice of words on what will be
When readers do not understand a word, they clearer for your reader.
may guess its meaning. For instance, they may
think an exhaustive study was one that Instead of 
was tiring, because exhaustive is similar to the
Subsequent to the passage of the Board
familiar word exhausting. In this case, the
Resolution, it is incumbent upon you to advise
reader's understanding may be similar to the
your department to comply with it.
writer's intended meaning - if the study was
exhausting, then the investigators must have
worked hard on the study to get so tired, so they Write 
probably left no stone unturned (they were
exhaustive). The writer and the reader have After the Board Resolution passes, you must tell
struck lucky, even though the reader has your staff to follow it.
misunderstood the word. Instead of
However, the writer might not be so lucky. For The board’s action will be detrimental to the co-
instance, the word compliment is more familiar op in the long run.
than the word complement. If we read:
Write
"She rose quickly in the company because she
complements him in his work", some readers

5|Page
The board’s action will be harmful (or
damaging) to the co-op in the long run.
Instead of
The axiomatic truth remains that the success of a
co-op depends on its leaders.
Write
The obvious truth remains that the success of a
co-op depends on its leaders.
Use shorter words
Shorter words are easier to read than longer
ones. This is because it takes less time to move
the eye over shorter words. Therefore, when the
reader is expected to read text without much
effort, the writer should prefer the shorter word
to the longer one. Text containing many long
words is dense and reading such text is much
harder than reading text that mainly contains
shorter words.
Example 1
We will endeavor to finish the report next week.
We will try to finish the report next week.
Example 2
We need additional help.
We need more help.
Example 3
Before going on leave, obtain the approval of
your leave application from the manager.
Before going on leave, get the approval of your
leave application from the manager.
PRINCIPLE 5
Keep your sentences short
With short sentences, the reader gets the whole
thing in one go. Easy to remember. Easy to
understand. More powerful communication.
There is a natural pause after a sentence. This
gives the reader space in which to consider what
is said.
Consider this
Going on leave is easy. The procedure requires
an initial completion of Leave Form 1 followed,
after this has been processed by the HR Officer,
6|Page
by an approval that allows for Leave Form 2 to
be completed after the affirmative response to
Leave Form 1 is received.
Revised
Going on leave is easy. Fill out Leave Form 1.
Wait for its approval. Then use Leave Form 2.
Another example
I refer to the earlier notice served in respect of
your account as the arrears now amount to the
sum shown above, you leave me with no
alternative than to commence court action and
details of your account have been referred to our
lawyer.
Revised
I refer to the earlier notice served regarding your
account. As the arrears now amount to the sum
shown above, you leave me no alternative but to
begin court action. Details of your account have
been referred to our lawyer.
PRINCIPLE NO. 6
Avoid nominalizations
By changing a word or group of words into a
noun, you make a nominalization. A
nominalization is a word or group of words
which is changed into a noun, sometimes by
adding a suffix. Nominalizations are often
derived from verbs, but they can be derived from
other parts of speech, such as adjectives. In
nominalizations, weak verbs take the place of
the real verb, clouding the meaning of the
sentence. 
For instance, you can nominalize the verb
imply by turning it into the noun implication.
Correct form
The news report implied that he was corrupt,
which angered him.
Nominalized form:
The implication angered him.
By nominalizing the verb imply, you lose the
subject, the news report, and the object, that he
was corrupt. When you do this, you hide the
subject and the object of the verb, making your
writing denser and vaguer. Your readers no
We are instigating inquiries into the matter.
longer know what the implication was, nor who
We are inquiring into the matter. 
made it.
They made a selection of the important books.
You can make your writing clearer by limiting
They selected the important books. 
the number of nominalizations of verbs. 
Example 1 PRINCIPLE 7
Prefer the positive to the negative
The importation of timber from endangered
forests is a crime. This rule does not mean that we should always
Importation  is called a nominalization because use positive words. It only means that we should
it is a noun which comes from a verb: the verb think carefully before using negative words. 
is import. Sentences are often clearer when they Reason for the rule
are rewritten using an active verb, instead of the
nominalization. They are even better when you Sometimes you have to guess what a writer
give the verb a concrete subject. For instance, means when they use negative sentences. You
ask who, or what, is importing this wood, and can understand positive statements more easily
the answer gives us a concrete person.  than negative ones because they tell you what to
do or think, instead of telling you what not to
For instance do or think.
Companies who import timber from endangered Negative expressions are words with a negative
forests without a license commit a crime. prefix. For instance, unclear, unhappy, and
Or inadvisable. Or they are clauses with a negative
word, such as no or not. Even words in positive
It is a crime for companies to import timber form can express a negative idea. For
from endangered forests without a license. instance, hardly means not often, so its meaning
Verb Nominalizations based on the verb to be is negative.
This is dependent on status.  Positive expressions and ideas are much easier
This depends on status.  to read because you need to make fewer steps to
understand. To read a negative expression, you
An abstract idea is produced by the exclusion of must take two steps. 
details.   First you need to understand the positive.
By excluding details, you produce an abstract  Then, mentally, you must negate it to
idea.  produce the negative.
Success is the result of hard work. Having to take an extra mental step, you are
Success results from hard work. more likely to misunderstand. Even if this
There was a high incidence of recurrence.  causes you only a moment hesitation, the flow
It recurred frequently.  of reading is broken. 
Verb Nominalizations based on weak verbs For instance
We can drop the weak verb in the following The Chair said he would table an amendment
sentences and rescue the true verb from its opposing controversial proposals in the
nominalization.  resolution, including plans to scrap the
requirement that a member must be below 70
Scientists performed a test of the substance. years of age to be elected or appointed as officer
Scientists tested the substance. of the co-op.
We are concerned about the incidence of Revised
vandalism in the area.
We are concerned about vandalism in the area. 

7|Page
The Chair said he would table an amendment
opposing controversial proposals in the
resolution. But he supports the requirement that
a member must be below 70 years of age to be
elected or appointed as officer of the co-op.
Two meanings of NOT
The negative of some words means the opposite.
For instance:
This isn’t correct.
This is wrong.
But the negative of most words can mean
anything except the stated exception:
She was not happy.
She could be anything except happy. She could
be angry, sad, content, numb, etc. Only the
writer or the context can tell us what he really
meant.  While, policies reflect the rules, procedures
She was sad.
Negative Words with Definite Meanings
Words like never and nothing appear to be
negative, but they have a definite meaning and
are not vague.
For instance:
We never go there. 
This clearly means we go there zero times.  The program aims to provide loans to
The police said there was nothing there.
She said "I have nothing to wear."
In the first sentence above, the police
found nothing of interest to them. In the second
sentence, she probably has many things to wear,
but nothing she wants to wear. While nothing
literally means zero things, its meaning is often
clear enough in other uses, as above.  procedure has to define emergency.
Negate the Negative to Make a Positive
Example 1
It is not easy to understand unclear writing.
It is easy to understand clear writing.
Example 2
8|Page
The degree of  misunderstanding in your writing
is increased by your use of non-simple words. 
The degree of understanding in your writing is
increased by your use of simple words. 
Readers understand your writing better when
you use simple words.
POLICIES IN PLAIN ENGLISH
Importance of policies and procedures:
Developing clear-cut policies and procedures for
your members and staff may help your co-
operative run smoothly, efficiently, and
responsibly. Written policy and procedure
ensures that every co-op member and employee
has the same information on a variety of topics.
represent an implementation of policy.
In short
Policies provide the rules; procedures provide
the means to follow them.
Example of a policy
The Cooperative makes available to all
employees an emergency loan program.
employees who have an immediate need for
funds because of an emergency and have no
other source of money available within the time
necessary to act, or who have financial hardship
and cannot obtain a loan from other lending
institutions.
As worded, the above policy is broad. The
Procedure defining “emergency”
An emergency is considered to be an event that
could not be reasonably expected to occur. The
following are “emergencies” that may qualify an
employee for obtaining an emergency loan:
x x x.
The following are not considered as
“emergencies” to qualify an employee for
obtaining an emergency loan:
x x x.
Another policy
Leave of absence is a right granted to an
employee not to report for work with or without
pay.
The procedure needs to outline how an
employee may avail of a leave of absence.
Revised
Submit a written request for leave to the
Manager. Include the following information:
• The reason for the leave.
• The length of the leave.
• The start and end of the leave.
RULES IN WRITING POLICIES
RULE 1.
Use disclaimers
A disclaimer is a statement that is meant to
prevent an incorrect understanding of
something. It is  a denial or disavowal of legal
claim.
In clear language, explain that the policy or
procedure is not permanent and may be changed
anytime by the governing body.
Use a general disclaimer, then use additional
disclaimer for specific policy or procedure areas
to reinforce the message.
When policies or procedures are meant for
external use, use warranty disclaimers and other
statements to clarify responsibilities and
consequences.
Example
9|Page
DISCLAIMER
We cannot anticipate every circumstance or
question about policy and procedure. To allow
us flexibility in the administration of our
policies and procedures, we reserve the right to
interpret, supplement, or change any of the
policies or procedures described in this
handbook. If there is any discrepancy between
this handbook and current policy, follow current
policy.
RULE 2.
Never sacrifice clarity for brevity
A short, simple policy or procedure is easy to
read, but it won’t help the reader if it omits
important information. Clarity is first priority,
brevity second.
Instead of
Return the completed form in seven days.
Write
Return the completed form in seven working
days.
Without the word “working,” you’ve deleted
critical information.
Always ask whether a word or phrase adds any
meaning. If you can’t be both brief and clear,
always choose clarity.
RULE 3.
Prefer the singular over the plural
You’ll find an age-old provision in statutes and
contracts:
The singular includes the plural; the plural
includes the singular.
Only the second part of the formulation has ever
really mattered.
For example, if an ordinance says:
People may not set off fireworks within city
limits.
The plural words people and fireworks create
several problems.
First:
Does the ordinance apply only to people who
work in groups but not to individuals?
Second:
Even if it does apply to individuals, doesn’t the
phrasing imply that everyone gets a freebie
(way out)? That is, only fireworks are
forbidden, but if you shoot off just one... (some
would make it a big one).
Third:
What constitutes a violation? If you set off 30
fireworks in 30 minutes, how many times have
you violated the ordinance? Once or 30 times?
But if the ordinance says:
No person may set off a firework.
The phrasing avoids all the problems mentioned.
That’s the beauty of the singular. It’s true that
you’ll occasionally need the plural.
For example
A dispute among employees may be resolved by
the Cooperative’s grievance committee. OR
The Cooperative agrees to destroy all archived
documents stored in the stockroom.
Rule of thumb
If you’re going to use a plural, however, double-
check it; make sure that it really is necessary.
Other examples
Plural
Employees who have served the co-op for more
than 25 years are qualified for promotions.
Singular
An employee who has served the co-op for more
than 25 years is qualified for promotion.
Plural
10 | P a g e
The Human Resource Officer is responsible for
issuing all the clearances listed in this section.
Singular
The Human Resource Officer is responsible for
issuing any clearance listed in this section.
Plural
If parties in disciplinary cases have not satisfied
the requisites for appeals, their appeals will be
dismissed.
Singular
If an appealing party in a disciplinary case has
not satisfied the requisites for an appeal, that
party’s appeal will be dismissed.
RULE 4.
Delete every shall
Shall isn’t plain English. Chances are it’s not a
part of your everyday vocabulary, except in
light-hearted questions that begin, “Shall we...?”
Overuse and misuse has given shall a bad name.
It has been so abused for so long that its use is
now an addiction. The misuse comes from three
sources:
a. Lawyers who write something today knowing
it will only be effective in the future, after the
agreement is ratified - so they think and write
in the future tense
b. A desire to nail things down so that there can
be no mistake that something shall be done or
shall mean something, that someone "shall
have a right" to something. This stems from
an unjustified mistrust of other more suitable
words and a misplaced reliance on the magic
of shall; and
c. Precedent and habit, which conspire to
persuade writers to use shall when they
should not.
Let's look at some examples in our policies.
In definition sections
A leave of absence shall mean....
In holiday clauses
The co-op shall not be obliged to make payment
if an employee....
In the confidentiality of records section
An employee's personnel record shall remain
confidential unless....
To give rights
The board of directors shall have the right to
formulate policy on....
An employee shall have the right to....
To give authority on something
The Election Committee shall have jurisdiction
to resolve election-related disputes....
To impose an obligation
The co-op shall give notice....
The co-op shall pay....
To state a future obligation
The handbook shall be printed and the cost shall
be charged to....
The word shall has spread like a disease. Its
improper use has so penetrated co-op documents
as to make them unreliable. With so many
meanings of shall in legal documents, what to
do? The cure is to abstain from using shall.
Don't use the word at all. Remove all ambiguity
and improve the language and tone of
documents with this test:
For every "shall" replace it with "must" (to
impose an obligation or in creating a right), use
“may” (to state a discretion to act), or use “will”
(to refer to a future action).
Example
The board of directors shall vote on the
resolution.
If this creates an obligation
The board of directors must vote on the
resolution.
If this creates a future action
11 | P a g e
The board of directors will vote on the
resolution.
If this creates a discretion to act
The board of directors may vote on the
resolution.
Better yet, use the present tense
A regulation of continuing effect speaks as of
the time you apply it, not as of the time you draft
it or when it becomes effective. You should
draft regulations in the present tense. By drafting
in the present tense, you avoid complicated and
awkward verb forms.
Don't say
The fine for smoking shall be P/1,000.00.
Say
The fine for smoking is P/1,000.00.
Other examples
A leave of absence shall mean ....
A leave of absence means ....
The co-op shall not be obliged....
The co-op is not obliged ... OR
An employee's personnel record shall remain
confidential unless ....
An employee's personnel record remains
confidential unless.... OR
An employee's personnel record must remain
confidential unless....
The board of directors shall have the right to
formulate a policy on....
The board of directors may a formulate policy
on....
An employee shall have the right to ....
An employee has the right to....
The Election Committee shall have jurisdiction
to resolve election-related disputes....
The Election Committee has jurisdiction to
resolve election-related disputes....
Rule of thumb
If you take the trouble to think about alternatives
to shall you will find your documents become
sharper because you have to think about the
specific meaning shall is intended to convey. the words provided that meant it is provided that
Try it! this is our agreement or it is provided that this is
the law. Nowadays, the words are used variously
RULE 5. to mean
Avoid triplets and doublets
 an exception
The idea isn’t to say something in as many ways  a condition, or
as you can but to say it once as well as you can.  just another provision of the document.
To avoid needless repetition, apply this rule: In addition to making a sentence unreasonably
If one word swallows the meaning of the other long, a proviso can be problematic because the
words, use that word alone. If two words are phrase "provided that" can mean at least three
simply synonyms (convey and transport), different things as mentioned above.
choose the one that fits best in your context. First: It can mean except 
Doublet/Triplet Don’t write
Contractor will perform the work in this An emergency loan program is available to a
agreement in compliance with all applicable regular employee, provided that the employee
laws, rules, statutes, ordinances, and codes. has not been punished in the last six months.
Simplified Write
An emergency loan program is available to a
Contractor will perform the work in this
regular employee, except an employee who has
agreement in compliance with all applicable
been punished in the last six months.
laws.
Second: It can mean if.
Common doublets and triplets
Don’t write
authorize and direct authorize
over and above over or above Provided that the Employee meets the
cancelled and set aside cancelled qualifications, the Employee may participate in
power and authority power employee benefit programs established by
do and perform perform Employer.
full force and effect full force
Write
due and owing owing
true and correct correct
If the Employee meets the qualifications, the
due and demandable due
Employee may participate in employee benefit
if and when if
programs established by Employer.
full and complete complete
have and hold have Third: It can mean also.
name, constitute, appoint name/ appoint Don’t write
by and between by
Employer will pay Employee on the 1st and 15th
RULE 6. of each month, provided that Employee is a full-
Don’t use provisos time employee; and provided further that
Employee signs her time sheet and delivers it to
Provided that, providing, and provided however payroll by the 25th and 10th of each month.
pop up in so many documents that they must be Write
really precise legal words having well
understood meanings. Right? Employer will pay Employee on the 1st and 15th
Wrong. They are sloppy, antiquated, imprecise of each month if the Employee is a full-time
and sometimes ambiguous words. The origins of employee; and the Employee also signs her time
provided that go back to the 13th century when

12 | P a g e
sheet and delivers it to payroll by the 25th and
10th of each month.
Ambiguity in provisos
Here is an example of two different uses of a
proviso in one clause:
A married female employee shall, upon her
written request providing at least two weeks
advance notice, be granted maternity leave,
providing, however, that if her ability to carry
out her normal work assignments becomes
limited . . . .
The first providing is used as a condition on the
employee obtaining maternity leave. The
providing however looks like it is an exception.
In fact it is quite a separate matter because it
permits the employer, unilaterally, to place the
employee on maternity leave in certain
circumstances – it has nothing to do with the
employee’s right to maternity leave. The first
three lines could be rewritten as:
...the Employer must grant a pregnant employee
maternity leave if she gives the Employer at
least 2 weeks written notice ...
Here is another provided that example
Provided that the efficiency of . . . shall not in
any way be disrupted . . . time off work without
pay may be granted . . . for the following
purposes . . .
This Provided that is used as a condition. It can
be replaced with "If".
If a document does not make clear which
meaning a provided that, provided however, or
providing has, a dispute can lead to litigation. So
don’t use it.
RULE 7.
Use numerals, not words, to denote
amounts. Avoid word-numeral doublets
The practice of word numeral doublets
proliferated in the days of carbon copies. When
you have five or six carbons, the typewriter’s
impressions for digits often weren’t legible on
the last couple copies. Hence, the doubling
helped ensure that all the carbons were legible.
13 | P a g e
But these rationales don’t extend very far.
There’s no good reason why modern documents
should contain word-numeral doublets.
Rule on use of word-numeral
To maximize readability, spell out the numbers
one to ten. For 11 and above, use numerals.
Compare just how many characters you save by
writing 73 as opposed to seventy-three.
Exceptions
First:
If a passage contains some numbers below 11
and some above -- and the things being counted
all belong to the same category or type -- use
numerals consistently.
Example
Although we ordered 25 computers, we received
only 2.
But
We received our 25 computers over a seven-
week period.
Second:
For peso amounts in millions and billions, use a
combination of numerals plus words for round
numbers (P/3 million) and numerals for other
numbers (P/3,050,128.00).
Third:
For percentage, use numerals with a percent
sign: 12%, 9%.
Fourth:
Spell out a number that begins a sentence.
Example
Seventy-three passengers died in the accident.
RULE 8.
Never use “and/or”
A former Justice of the Supreme Court of
Canada once said this about "and/or."
 "And/or" seems to be used by writers
whose main concern is to appear
erudite. In my opinion, quite the
opposite impression is created. Use of
this conjunction which is not a
conjunction is repugnant to the spirit
of the language, English or French.”
Not only is the expression repugnant -- it is
ambiguous. It has caused litigation. The words
"and" and "or" have quite different meanings.
You might think that "and/or" means A or B, or
both. But several courts in the United States say
"and/or" means the court can choose either
"and" or "or", whichever the justice of the
situation requires.
What would you make of this clause:
Sick leave means the period of time a permanent
employee is absent from work with full pay
because of sickness and/or injury.
Is the "and" in this clause necessary at all? But if
every word used in a document is to be given a
meaning, what meaning does and have?
The weight of authority is against the use of
“and/or” primarily for two reasons:
 its use can result in uncertainty; and
 it is not a real word.
The better rule is never use “and/or” altogether.
It can often be replaced by and or or with no
loss in meaning. Where it seems needed,
try or . . . or both.
Bad
Take a sleeping pill and/or a warm drink.
Better
Take a sleeping pill or a warm drink, or both.
RULE 9.
Avoid sexist language
Sexist language is language that demeans or
stereotypes men or women, usually women.
Using non-sexist language is a matter of
courtesy -- of respect for and sensitivity to the
feelings of others.
14 | P a g e
Avoid the use of he, him, his to refer to both
men and women. Use sparingly the double
pronouns he/she and his/her.
Revising sexist language
There are several ways to avoid sexist language
that readers increasingly find objectionable.
Some of these devices may not work in a
particular context; but the generic pronoun he
can be replaced by using these methods.
First: Cut the pronoun
Instead of
The Chairperson should read the reports as they
are submitted to him by the committee members.
Write
The Chairperson should read the reports as they
are submitted by committee members.
Second: Repeat the noun
Instead of
The judge in whose court the case is first filed
has priority in hearing the case. If venue appears
to be improper, he should grant a motion to
transfer venue.
Write
The judge in whose court the case is first filed
has priority in hearing the case. If venue appears
to be improper, the judge should grant a motion
to transfer venue.
Third: Make the antecedent plural
This tactic makes the generic singular he
unnecessary.
Instead of
A co-op officer should conscientiously meet his
responsibility to avoid even the appearance of
impropriety.
Write
Co-op officers should conscientiously meet their
responsibility to avoid even the appearance of
impropriety.

Fourth: Use an article instead of a pronoun
Instead of
Every creditor may use legal means to enforce
his credit.
Write
Every creditor may use legal means to enforce a
credit.
RULE No. 10.
Banish the here-, there-, and where- words
Words like hereof, thereof and whereof are not
used often in ordinary English. Yet they appear
frequently in legal documents. They are
generally used to avoid repetition of names of
things in the document.
Instead of
The parties hereto have agreed as follows....
Write
The parties to this contract agree as follows.....
Old-style drafters say they stick to their ways of
using here and there words for reasons of
precision. They like the here and there words
apparently unaware of the ambiguities they’re
creating.
The problem with the here and there words is
that we do not know what they mean. In this
agreement? In this section? In this subsection?
In this paragraph? In this subparagraph?
Unconsciously, we may reach all those
conclusions and more.
Rule of thumb
Use ordinary English words:  in this
agreement may be two extra words, but it’s
more precise.
Instead of:
The parties herein...
Write:
The parties in this agreement....
Hereafter
15 | P a g e
from now on; to some time in the future
The contract is effective hereafter.
The contract is effective from now on. OR
The contract is effective May 1 next year.
Hereby
by this means; as a result of this
The parties hereby declare…
The parties declare by this contract…
Herein
in this document or matter
The terms referred to herein relate to…
The terms referred to in this document relate
to....
Hereinafter
later referred to in this matter or document
....hereinafter referred to as the Company
.....later referred to as the Company
Hereinabove
previously in this document or matter
The products hereinabove described...
The products previously described...
Hereof
of this matter or document
The parties hereof...
The parties in this agreement...
Heretofore
before now
The parties have had no business dealings
heretofore...
The parties have had no business dealings
before now...
Hereunder
later referred to in this matter or document
The exemptions referred to hereunder....
The exemptions later referred to...
Herewith
with this letter
I enclose herewith the plan....
I enclose with this letter the plan....
Thereof
of the thing just mentioned
The parties thereof….
The parties to the contract…
Thereafter
after that time
The goods shall be transported to Cebu.
Thereafter, they shall be stored in a warehouse.
The goods shall be transported to Cebu. After
that time, they shall be stored in a warehouse.
Thereat
at that place; on account of or after that
Thereat, payments shall cease.
After that, payments shall cease.
Thereby
by that means; as a result of that
The parties thereby agree....
As a result, the parties agree....
Therein
in that place, document or respect
The parties shall refer to the contract dated 1
May 1999. It is agreed therein that.…
The parties must refer to the contract dated 1
May 1999. It is agreed in the contract that.…
Thereinafter
later referred to in that matter or document
...thereinafter, it is agreed that…
...later referred to in the agreement, the parties
agreed that…
Thereof
of the thing just mentioned
Reference is made in par. 5 of the contract dated
1 May 1999. The parties thereof agreed….
16 | P a g e
Reference is made in par. 5 of the contract
dated 1 May 1999. The parties in the contract
agreed....
Thereon
on or following from the thing just mentioned
The machine rests on a wooden block. There is a
place thereon a metal bracket…
The machine rests on a wooden block. There is
a place on a metal bracket…
Thereto
to that place or to that matter or document
The parties thereto...
The parties to the contract....
Therefor [not to be confused with ‘therefore’]
for that
The equipment shall be delivered on 13 May 2003.
The Company agrees to pay therefor the sum of
P/150,000.
The equipment shall be delivered on 13 May 2003.
The Company agrees to pay for that P/150,000.
Thereupon
immediately or shortly after that
Delivery shall take place on 13 May 2003. Thereupon
the equipment shall be stored in the Company’s
warehouse.
Delivery will take place on 13 May 2003. Shortly
after that, the equipment must be stored in the
Company’s warehouse.
Whereabouts
the place where someone or something is
The Company shall be kept informed as to the
whereabouts of the products.
The Company shall be kept informed as to the
place where the products are.
Whereat
at which
The seller attempted to charge extra interest on
late payment, whereat the buyer objected.
The seller attempted to charge extra interest on
late payment, at which the buyer objected.

Whereby
by which
The contract dated 1 May 1999, whereby the
Company agreed to purchase the products.
The contract dated 1 May 19999, by which the
Company agreed to purchase the products.
Wherefore
as a result of which
The buyer breached the contract, wherefore the
seller suffered damage.
The buyer breached the contract, as a result of
which the seller suffered damage.
Wherein
in which; in which place or respect
The contract dated 1 May 1999, wherein it is
stated that…
The contract dated 1 May 1999, in which it is
stated that…
Whereupon
immediately after which
The sum of P/150,000 shall be paid by the buyer
to the seller on 13 May 2003, whereupon the
buyer’s liability to the seller shall be discharged.
The sum of P/150,000 shall be paid by the buyer
to the seller on 13 May 2003, after which the
buyer’s liability to the seller shall be
discharged.
RULE 11.
Kill the words same, said, and such
On the word SAME
Many lawyers use “same” as a pronoun because
they think they are being precise. Use “IT”
instead of “SAME” (“IT” is not less precise).
For example
Once the defendant receives such notice, the
defendant shall acknowledge the same.
Once the defendant receives the notice, the
defendant must acknowledge it.
17 | P a g e
On the word SUCH:
“Such” is inherently ambiguous. To the educated
non-lawyer, it means “of that kind.” To the
lawyer, it means “the very one just mentioned.”
“Such” can oftentimes be replaced by “the.”
For example
If the court issues such order.....
If the court issues the order.....
Once the defendant receives such the notice, the
defendant must acknowledge it.
Once the defendant receives the notice, the
defendant must acknowledge it.
On the word SAID
“Said” is a crutch word that lends awkwardness,
not precision.
There is no need to say
...to the Chairperson of said Cooperative....
Just say
...to the Chairperson of the Cooperative.....
Don’t say
The said witness saw the said defendant run the
light.
Simply say
The witness saw the defendant run the light.
RULE 12
Use lists and headings
Bulleted lists are a great way of breaking down
complicated information. There are different
ways to punctuate lists. Common ways of
punctuating lists:
A list in which each point is a complete
sentence. For example:
The Manager made three comments about using
information technology.
• All equipment needs to be kept up to date.
• Staff must be trained to use new equipment.
• Don’t think that technology will cure all our
problems – it won’t.

A list which is a continuous sentence. For
instance:
If you want to keep your office tidy, please
remember to:
• put your rubbish in the bin;
• clean up after you make coffee; and
• take your food out of the fridge.
A list of very short points. For example:
Any good office should have:
• a kettle
• a teapot
• a microwave, and
• a fridge.
How breaking up text removes ambiguity
Breaking up the text not only makes documents
easier to read but also removes ambiguity. Take
this clause:
The co-op has the exclusive right to operate and
manage the business, to control production, to
maintain order and efficiency, and to hire,
classify, promote, transfer, demote, layoff and
discipline or discharge employees for just cause.
Quite a mixture of thoughts here. But what do
the words "just cause" refer to? No doubt to
discipline and discharge, but also to demotions,
layoffs, and transfers? A reformatting would
remove the ambiguity.
For example
The co-op has the exclusive right to
a. operate and manage the business;
b. control production;
c. maintain order and efficiency;
d. hire, classify, promote, transfer; and
e. discipline and discharge employees for just
cause.
Wordy sentence
An appeal, comprising a written statement of the
circumstances of the appeal, and supporting
evidence if available, must be submitted in
writing to the Manager not more than seven days
after the date on which the employee receives
notification of the relevant decision.
Revised with a bulleted list:
18 | P a g e
If an employee wishes to appeal a decision:
• the appeal must be in writing;
• any supporting evidence must be attached;
and
• the appeal must be given to the Manager
within seven days after the employee receives
notice of the decision.
RESOLUTIONS IN PLAIN ENGLISH
A resolution arises from a motion moved at a
meeting. A motion relates to an action to be
taken or issue of policy to be decided by a
collegial body. A motion is “moved” or
“proposed” for consideration and discussion at a
meeting. It is then discussed and put to vote. If
adopted, it becomes a resolution because the
meeting so “resolves” or decides.
SECRETARY’S CERTIFICATE
I, MICHELLE WIE, being the Secretary of
the ABC Credit Cooperative with address at
Rm. 2 National Life Building, Session Road,
Baguio City, on oath, states:
At the Regular Meeting of the Board of
Directors of ABC Credit Cooperative on May
25, 2015, at which a quorum was present, the
Board of Directors approved the following
resolutions:
“The Board of Directors resolves as follows:
1. Juan dela Cruz is appointed as Chair of
the ConMed Committee.
2. The share capital is increased from
P5,000 to P10,000; and.
3. The treasurer is authorized to open a
checking account with XYZ Bank.”
Writing resolutions
There is no justification in writing resolutions in
the traditional complicated language. If you
wish to make a resolution readable without
causing any harm to the essence of the
resolution, you should follow the basic rules of
plain English. If you follow the basic rules of
plain English, your resolution will become
readable and people will appreciate it. Get rid of
the notion that resolutions ought to be written in
a complicated way and that a resolution written
in plain and simple English is invalid or
ineffective.
SUGGESTED RULES IN
WRITING RESOULUTIONS
Rule 1
Don’t use the phrase “be, and is hereby.”
Instead, use is (or are).
Examples
... Lea Chan be, and is hereby, appointed as
Chair of the ConMed Committee.
... Lea Chan is appointed as Chair of the Con
Med Committee.
... the minimum share capital be, and is hereby,
increased from P5,000 to P10,000.
... the minimum share capital is increased from
P5,000 to P10,000.
Hereby
The word “hereby” makes no contribution in any
writing, including resolutions. It only adds to
wordiness. In the context of resolutions, it
means nothing more than “at this meeting” or
“by this resolution. There is no need to say that.
When you include a resolution in the notice or
agenda and record it in the minutes of a specific
meeting, it goes without saying that the
resolution was passed “at that meeting” and not
at any other meeting.
Rule 2
A clear title reflecting the content of the
resolution should appear CENTERED and in
capital letters. 
19 | P a g e
A RESOLUTION APPOINTING JUAN DELA
CRUZ
AS CHAIR OF THE CONCILIATION AND
MEDIATION COMMITTEE.
A RESOLUTION INCREASING THE SHARE
CAPITAL FROM P5,000 TO P10,000.
A RESOLUTION AUTHORIZING THE
TREASURER
TO OPEN A CHECKING ACCOUNT WITH
XYZ BANK.
Rule 3
Omit all unnecessary words, phrases and
sentences which contribute nothing to the
substance of the resolution.
Examples
Under the provision of Article III, Section 4 of
the by-laws....
Under Article III, Section 4 of the by-laws....
Due to the fact that disputes in the co-op have
increased at an alarming rate....
Because disputes in the co-op have increased at
an alarming rate....
Rule 4
Don’t use legalese such as hereby, herewith,
hereof, thereof, the said, aforesaid, accorded,
etc.
In particular, don’t use WHEREAS. As used in
resolutions, “whereas” is a signpost which
means “in view of the fact that” or “considering
that.” This meaning of whereas is archaic. One
can readily distinguish recitals from resolutions
without using whereas to signpost them.
(Refer to the Appendix for the “before” and
“after” versions of a resolution)
MODIFIED U.N. STYLE RESOLUTION
Preambular Clause expressing its satisfaction `
expecting
Preambular clauses aim to supply historical fulfilling
background for the issue presented as well as to fully alarmed
justify the action. The preamble is critical fully aware
because it provides the framework through fully believing
which the problem is viewed. Preambular fully deploring
clauses begin with participles, are in italics, and further recalling
are always followed by a comma. guided by
having adopted
Operative Clauses
having considered
having considered further
The solution to the issue presented in the having devoted attention
preambular clauses is presented through a having examined
logical progression of sequentially numbered having heard
operative clauses. These clauses may authorize, having received
direct, recommend, urge, condemn, encourage, having studied
request certain actions, or state an opinion keeping in mind
regarding an existing situation. noting with regret
Each operative clause calls for a specific action. noting with deep concern
Operative clauses begin with an active, present noting with satisfaction
tense verb and are followed by a semi-colon, noting further
with a period placed after the final clause. noting with approval
observing
Writing of a preambulatory clause reaffirming
recalling
First, take a statement that you want to write recognizing
about (an issue you want to solve). Then take referring
that statement, combine it with an underlined seeking
preambulatory phrase, and end it with a comma.  taking into account
Suggested preambulatory phrases taking into consideration
taking note
affirming viewing with appreciation
alarmed by welcoming
approving
aware of Example of preambulatory clauses
bearing in mind
Emphasizing that service to the cooperative is a
believing
profession by itself,
confident
contemplating Recognizing that a rational, equitable,
convinced competitive, and fair pay structure is a major
declaring impetus to good cooperative governance,
deeply concerned Convinced that differences in compensation
deeply convinced shall be based upon substantive differences in
deeply conscious duties and responsibilities and qualification
deeply convinced requirements,
deeply disturbed
deeply regretting Writing of an operative clause
desiring • First, take a solution that you want to include
emphasizing in the resolution.
expressing appreciation

20 | P a g e
• Then take that solution, combine it with an reaffirms
underlined operative phrase, and end it with a recommends
semicolon (the last operative clause ends with regrets
a period). requests
solemnly affirms
• Operative clauses are numbered. This
strongly condemns
differentiates them from preambulatory
supports
clauses, helps show logical progression in the
takes note of
resolution, and makes the operative clauses
transmits
easy to refer to in the discussion.
trusts
Writing of an operative clause
Sample of Resolution
First, take a solution that you want to include in
the resolution. Then take that solution, combine The Board of Directors,
it with an underlined operative phrase, and end it 1. Directs all committees to coordinate their
with a semicolon (the last operative clause ends activities in achieving BBCCC’s long-term
with a period). development plan;
Operative clauses are numbered. This 2. Calls upon all committees to develop
differentiates them from preambulatory clauses, programs that enhance their delivery of
helps show logical progression in the resolution, basic services to all members;
and makes the operative clauses easy to refer to
in the discussion. 3. Approves a budget of P100,000 for each
Samples of operative phrases committee to pursue their action plans to be
drawn from the CETF
accepts
affirms
approves
authorizes
calls
calls upon
condemns
confirms
congratulates
considers
declares
deplores
designates
emphasize
encourages
endorses
expresses its hope
further invites
further proclaims
further reminds
recommends
further recommends
further requests
resolves
has resolved
notes
proclaims

21 | P a g e