Hereof, Thereof, and Everywhereof: A Contrarian Guide to Legal Drafting

Front Cover
American Bar Association, 2008 - Law - 239 pages
0 Reviews
This update of Howard Darmstadter's witty, accessible guide to legal drafting reminds practitioners how best to choose their words, to compose clear and succinct sentences, to lay out their documents, and to decide which documents best serve a given scenario. This book may be unconventional, but it is a vital element of any lawyer's library.
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Selected pages

Contents

Words
3
Hereof Thereof and Everywhereof
5
Certain Dangers
7
Words and Numbers
11
Splitting Infinitives Which versus That
13
We and You
15
Shall and Will
16
Naming and MisNaming
20
Agreements
99
Entrances and Exits
101
The Definitional Tangle
107
Putting First Things First
110
To Number or Not to Number
118
Representations and Warranties
120
Schedules and Exhibits
121
Boilerplate
127

Untangling the Legal Sentence
27
Sentences That Run Too Long
28
Sentences That Do Too Much
31
A Case of Ambiguity
39
Saying It More Than Once
45
When Once Is Too Much
50
Footnotes
54
or Endnotes?
56
Parentheticals
58
Sentences and Truth
62
The Look of the Document
67
A Little Puzzle
69
Sans Serif Typefaces
70
Size Matters
71
Between the Lines
73
Marking Your Paragraphs
74
Emphasis and Overemphasis
75
Promiscuous Capitalization
79
Justification
82
Centered Text
87
An Exercise Break
89
PARTICULAR DOCUMENTS
97
Wrinkles in the Enforceability Boilerplate
132
Does the Pony Express Still Stop Here?
136
Explaining with Examples
143
DraftingasProgramming
144
The Cast of Characters
146
Fun and Grief with Algebra
151
The Messy Details
159
The Securities Prospectus
161
The Good Old Days
162
Toward a Plain English Prospectus
167
Prospectus and Indenture
170
Shelf Registration
175
Supporting Players
181
Promissory Notes
184
Guaranties
192
Modern Times
207
In Praise of Cookie Cutters
212
The Future of Drafting
223
Conclusion
229
About the Author
231
Index
233
Copyright

Other editions - View all

Common terms and phrases

Bibliographic information