The Clear Drafters Toolbox:

Ten Tools for Creating Clear

Legal Documents

3: Use active voice and avoid
nominalizations
1: Eliminate ambiguity & shape Active voice = subject + verb + object
Use strong verbs; not the noun form of
vagueness
Ambiguity is creating unintended those verbs.
meanings. Always avoid it! x utilize = use
Vagueness is using flexible language. x are in agreement = agree
Sometimes we need vagueness to
avoid exhaustive lists and to create 6: Use lists and visuals to
intended flexibility in documents. help simplify data & complex
material
4: Eliminate excess words
Get rid of words that do not add value.
Avoid multi-word prepositions.
2: Define legal terms you x prior to = before
cannot avoid x because of the fact that = because
Avoid complicated terms and Latin
words.
If you must use a legal term, 7: Eliminate S words
explain it. Most people prefer an x Shall (it is often misused)
explanation even if it adds some x Said (as in, said contract.)
length. x Same (As in, I enjoyed same.)
5: Use high-frequency words
x festooned = decorated
x disseminate = give
8: Avoid gender-specific language
There are many options to avoid this.
The singular they is becoming more widely
accepted.
9: Document design is important
Organize topics by importance to the
reader.
Use plenty of white space.
Use informative headings.
Use tables, charts, and graphics.
Avoid too much highlighting
10: Drafting is an iterative process
Understand the audience, purpose, & problems.
Gather facts/data on these; consider focus groups for important
documents.
Research the legal requirements.
Classify, organize, & outline content.
Plan an initial document design.
Write a draft.
Test for consequences & to identify gaps.
Revise & add content.
Tweak document design.
Revise, edit, & proofread.
User-test if a high-stakes document.
Revise & edit based on user testing.
2017, Christopher Trudeau