Hereto, herein, herewith…. lawyers writing in English tend to use these terms quite a lot. They are never used in common speech and rarely used in writing by non-lawyers. What do they mean and when are they used? They are abbreviations in which the “here” means “this document”. So: 🔹hereto = to this document 🔹herein = in this document 🔹herewith = with this document 🔹hereof = of this document 🔹hereunder = under this document These abbreviations are used extensively in contracts. They provide useful shorthand in that context, to avoid having to repeat “this Agreement” over and over again. I don’t recommend using them in other contexts. In my view, this type of language makes writing sound too “legalese” outside the context of a contract. Using it could interfere with understanding, especially if the document is meant to be read by non-lawyers. Here are some examples: 📑 Contract: “The Privacy Policy is attached as Schedule 1 hereto.” 📧 Email: “I’ve attached the Privacy Policy.” 📑 Contract: “Any sale of shares to a third party is subject to the existing shareholders’ pre-emption right set out in section 10 herein.” 📧 Email: “I explain the pre-emption process in section 3 of my analysis below.” 📑 Contract: “The executed officers’ certificates must be delivered herewith.” 📧 Email: “I will forward to you the signed officers’ certificates together with the signed Agreement.” You may also have seen the related terms that start with “there”: thereto, therein, thereof, therewith and thereunder. These are abbreviations for “that document” (instead of “this document”). So “thereto” means “to that document” (the one perhaps referred to earlier in the sentence or paragraph), “therein” means “in that document”, and so on. Here is an example: 📑 Contract: “The Parties shall comply with the Privacy Policy, including any amendments thereto.” 📧 Email: “The Parties have to comply with the Privacy Policy and any amendments made to it.” Please feel free to share any thoughts or questions you have about these abbreviations in the comments 👇🏾 *** If you find this post helpful, don’t be shy to “like”, repost or comment on it. This helps expose the post to others in the network who might be interested. Thanks so much for supporting English for Lawyers!
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Does your language have a term that means “all legally binding rules”? English doesn’t. This concept is conveyed succinctly by “normas/normes/normativa” in the Romance languages. English doesn’t have an exact equivalent. This poses a translation problem. To make matters worse, automatic translation software often incorrectly translates “normas/normes/normativa” as “regulations”. But “regulations” are binding rules adopted by the executive branch of government. This term doesn’t include rules that are higher in the hierarchy, such as laws adopted by the legislature, the Constitution or international treaties. Regulations are only a subset of legally binding rules. A common solution to this problem in contracts is to include“Applicable Law” as a defined term, and then use that defined term throughout the contract. Here is an example of an “Applicable Law” definition from Law Insider: “Applicable Law means all applicable provisions of constitutions, laws, statutes, ordinances, rules, treaties, regulations, permits, licences, approvals, interpretations and orders of Governmental Authorities and all judgments, awards, orders and decrees of all courts and arbitral tribunals.” If your language has a single term that covers all of these elements, you may have to use many more words to convey the same concept in English.
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Does your language have a term that means “all legally binding rules”? English doesn’t. This concept is conveyed succinctly by “normas/normes/normativa” in the Romance languages. English doesn’t have an exact equivalent. This poses a translation problem. To make matters worse, automatic translation software often incorrectly translates “normas/normes/normativa” as “regulations”. But “regulations” are binding rules adopted by the executive branch of government. This term doesn’t include rules that are higher in the hierarchy, such as laws adopted by the legislature, the Constitution or international treaties. Regulations are only a subset of legally binding rules. A common solution to this problem in contracts is to include“Applicable Law” as a defined term, and then use that defined term throughout the contract. Here is an example of an “Applicable Law” definition from Law Insider: “Applicable Law means all applicable provisions of constitutions, laws, statutes, ordinances, rules, treaties, regulations, permits, licences, approvals, interpretations and orders of Governmental Authorities and all judgments, awards, orders and decrees of all courts and arbitral tribunals.” If your language has a single term that covers all of these elements, you may have to use many more words to convey the same concept in English.
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Do you know the difference between taking security and issuing securities? Read on! Spanish speakers: I hope to see you next Thursday, February 8 for our virtual workshop on the the common difficulties that Spanish-speaking lawyers face when writing in English. Spoiler alert: mistakenly using "guarantee" instead of "security" is one of them ("garantía" and "guarantee" are false friends) . Hope to see you then! Registration link in the comments ⬇
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We have an exciting announcement. Could you let us know your thoughts about it in the comments? 👍If you find this post helpful, don’t forget to “like”, comment on or repost it. This helps bring it to the attention of others who might be interested. 🌟Visit our website to read the full article on this topic and to sign up to receive future articles by email (link in the comments ⬇️) #legalenglish #inglesjuridico
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Have you heard of estoppel? Read on* to find out what it means to be estopped from doing something. 👍If you find this post helpful, don’t forget to “like”, comment on or repost it. This helps bring it to the attention of others who might be interested. 🌟Visit our website to read or listen to the full article on this topic and to sign up to receive future articles by email (link in the comments ⬇️) * To "read on" is a phrasal verb that means to continue reading. For example, if you like the first page of a book, you should read on to find out if you like the rest of the book.
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Happy New Year! 🎉 Here is a new post, for those of you who made a New Year's resolution to improve your professional English. If you find this content useful, check out our website, which includes detailed articles, audio, video, information about upcoming online workshops and additional resources. Link in the comments ⬇ Wishing all of you a wonderful 2024!
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How should you use “guarantee”? 🤔 Hint: probably not the way you would use the equivalent term in your language 🤨 Check out our latest carousel to find out. I’m taking this opportunity to announce that our team has grown! 🤩 I’m thrilled to announce that Juan Sebastián Melo Baquero and Stella Plant have come aboard as Business Management Consultant and Intern, respectively. Why are we growing? We have some exciting projects lined up. Watch this space! 🎉 If you like the carousel, visit our website to read the full article on this topic (link in the comments ⬇️) Or you can listen to the article if you prefer it if you’re dying to know what my voice sounds like 🎧 You can also subscribe to receive new articles by email 📧 Don’t forget to “like”, comment on or repost if you enjoyed this content. This helps bring it to the attention of others who might be interested. 👍 Thanks for stopping by. See you again soon!
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How can you use ChatGPT safely to research legal terms in English? With all this talk of lawyers facing possible sanctions for relying on false information generated by #chatgpt, you might be afraid of using it for professional purposes. I think that would be a big mistake, because it's a very powerful tool. It is particularly useful for researching legal terminology across legal systems, which is an area in which keyword-based search engines are not very helpful. Check out my most recent article for my thoughts on how you can use ChatGPT safely to research legal terminology in English. *** 👍 If you found this post helpful, we would be grateful if you liked, commented on or reposted it. This helps bring English for Lawyers to the attention of more people who might be interested in our content. *** 🌟Want to see all of our articles in one place, or sign up to receive weekly updates by email? Visit our website: link in the comments ⬇️ 🌟English for Lawyers offers legal English workshops and consulting, legal document editing, and legal document translation from French, Italian, Spanish and Portuguese into English. #legalenglish #legaltranslation #legalresearch #inglesjuridico #anglaisjuridique #ingleselegale #translation
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MA(Hons) MCIL - Translator (DE>EN), Banking Supervision - Finanzmarktaufsicht / Austrian Financial Market Authority
1yand of course "hereinafter" a more formal version of "hereafter".