4 What to avoid

Archaisms and pairs. "Hereby", "hereinbefore", "the said", "null and void", "each and every", "save and except". Each adds words, not meaning. One word does the work. Shall. In modern drafting "shall" is used for obligation only. Using it for the future ("the parties shall meet on Monday") and for a declaration ("the Buyer shall be the owner") is the single commonest source of drafting disputes. Use must for obligation, will for the future, may for a power, and is for a declaration. Strings of conditions. "If, provided that, subject to and notwithstanding" in one sentence. Put the rule first, the conditions after it, each in its own sentence. Unsignposted lists. A list of five duties folded into a paragraph. Break it out and number it, so that a reader can cite "clause 4(c)" and so that a later amendment can hit one item without rewriting the rest. Passive voice where responsibility matters. "The report was not submitted" conceals who had to submit it. In a pleading that concealment is fatal.