10 Common Legal Writing Mistakes (and How to Fix Them)

By Oxford Legal English College

Resumo em português: Este artigo explica os 10 erros mais comuns em redação jurídica em inglês e como evitá-los.

Good legal writing is not about sounding complicated; it’s about being clear. Yet even experienced non-native lawyers make small errors that can make their English sound unnatural or overly formal.

Here are ten of the most common legal writing mistakes (and how to fix them) so your contracts, emails, and memos read like those of a native-speaking lawyer.

1. Overusing “hereby” and “thereof”

Problem: Words like hereby, thereof, and therein are often used to sound formal, but they usually make writing harder to follow.

Example:

The Parties hereby agree to hereby terminate the Agreement as of the date hereof.

Better:

The Parties agree to terminate this Agreement on [date].

Tip: Only use hereby when you need legal precision e.g. “The Seller hereby transfers title to the Buyer.” Otherwise, use plain English.

2. Misusing modal verbs (“shall”, “must”, “may”)

Problem: Mixing up shall, must, and may causes ambiguity about whether something is mandatory or optional.

Quick guide:

• must → obligation (modern drafting standard)

• may → permission or discretion

• will → future event

• shall → outdated in most modern contracts

Example:

The Tenant shall pay rent by the first day of each month. The Tenant may pay rent by the first day of each month. (suggests choice, not obligation)

Tip: Use must for obligations, may for permission, and keep your verbs consistent throughout the document.

3. Word order in clauses

Problem: In English, word order is strict, modifiers should appear close to the words they modify.

Example:

The contract will terminate automatically upon the date of its expiry. The contract will automatically terminate on its expiry date.

Tip: Put adverbs near the verb, and avoid splitting long noun phrases.

4. Overlong sentences

Problem: Many legal drafters try to include every condition in one sentence, producing confusion and fatigue.

Example:

If the Buyer fails to deliver the Goods in accordance with the terms set out herein and does not provide written notice of delay, the Seller shall, without prejudice to any other rights, be entitled to terminate this Agreement by giving written notice within seven (7) days of such failure.

Better:

If the Buyer fails to deliver the Goods on time or notify the Seller of a delay, the Seller may terminate this Agreement by giving seven days’ notice.

Tip: Each sentence should express one main idea. Shorter sentences improve clarity and reduce the risk of misinterpretation.

5. Passive vs. active voice

Problem: The passive voice hides who must act.

Example:

Payment shall be made within 10 days. The Buyer must pay within 10 days.

Tip: Use the active voice unless you genuinely don’t know who performs the action.

6. Hedging language in correspondence

Problem: Lawyers often use overly polite or indirect expressions in emails, which sound hesitant.

Example:

We would like to inform you that we have received your letter. Thank you for your letter. We have received it.

Tip: Politeness is not the same as formality. Be direct but professional.

7. Prepositions in legal phrases

Problem: Prepositions are tricky because they differ from language to language.

Common examples:

• liable for damages

• entitled to compensation

• apply for a licence

• subject to approval

• in accordance with the law

Tip: Learn phrases as complete expressions rather than translating each word.

8. Politeness vs. precision

Problem: Trying to sound polite can weaken the message.

Example:

We kindly request you to sign the contract. Please sign the contract.

Tip: Avoid words like kindly or with due respect, they sound old-fashioned and add no legal clarity.

9. Punctuation in contracts

Problem: A single comma can change meaning.

Example:

The tenant must not assign, sublet, or part with possession without consent. The tenant must not assign, sublet or part with possession, without consent.

Tip: Be consistent. Avoid unnecessary commas in short clauses. Use the Oxford comma only when needed to prevent ambiguity.

10. The final checklist

Before you send or file any document, ask yourself:

• ✅ Is every sentence clear at first reading?

• ✅ Does each clause have a clear subject and verb?

• ✅ Are rights and obligations unambiguous?

• ✅ Have I avoided unnecessary jargon?

• ✅ Would a non-lawyer understand the main point?

Final Thought

The best lawyers write simply, not pompously. Good legal English is about clarity, accuracy, and confidence. Every word should serve a purpose.

“If you can’t explain it simply, you don’t understand it well enough.” - Albert Einstein

If you want to go further, try our Free Legal English Writing Challenge at Oxford Legal English College.