Jan 11

Legal English in Focus: The Language of Contracts – The Language of Legal Correspondence

English Language Training, Language Training Courses, Legal English Training Courses 1 Comment »

Legal correspondence forms an important part of the day-to-day work of a lawyer, particularly since the advent of the email. It is often assumed that emails are less formal than letters. However, in reality, the required degree of formality will invariably depend on factors such as the relationship of the writer with the recipient, the level of seniority of the recipient and the subject matter of the email.

Anyone working in a legal context in English should be familiar with the key expressions and terminology of Legal English. Here are a few important expressions used in semi-formal legal correspondence.

Business Meeting 12LajosRepasi i1 Legal English in Focus: The Language of Contracts The Language of Legal Correspondence

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Salutation
Where there is no named recipient, the phrase “Dear Sirs” is used. However the phrase “Dear Sir/Madam” is often preferable because it is gender neutral.

Where, on the other hand, the letter is written to a named individual with whom the writer does not have a close relationship and is thus not on first name terms, the appropriate gender specific title must be used. With regard to women, unless the writer knows that the recipient is married (where “Dear Mrs” is used), the appropriate title is “Ms”. Even if you know that the recipient is not married, it is best to avoid the title “Miss” as this tends to be considered too pejorative. The exception would be if the recipient has identified herself as “Miss”, possibly using her maiden name in her professional work, in previous correspondence.

A thorny problem arises where the name of the recipient does not make it clear whether the recipient is a man or a woman. For example if you had to write to a lawyer in Finland called Teppi Jaskalainen and were unsure whether Teppi was the name of a man or a woman, the appropriate solution would be to write the entire name in the salutation e.g. “Dear Teppi Jaskalianen”.

References to Previous Correspondence
There is a great variety of possible phrases that seek to refer to previous correspondence between the writer and the recipient such as:

  • “Further to your email dated 18 November, I am pleased to inform you that our client is willing to accept the proposed amendments to the confidentiality clause.”
  • “Thank you for your email dated 18 November”.
  • “I refer to your email dated 18 December”

Be aware that the second and third sentences are more succinct than the first, which in addition to referring to previous correspondence also seeks to set out the purpose of writing the letter.

Introducing Comments
Where the email sets out numerous comments on a particular clause in an agreement for example, including one of the following sentences that introduces the comments is common:

  • My comments on Clause 7 are as follows:
  • We have the following comments on Clause 7:
  • Our comments on Clause 7 are set out below:

Sending Documentation
When sending documentation by email we use the word “attach” but when we include documents with a letter we write “enclose” instead:

  • Email: “I have attached the draft shareholder agreement.”
  • Letter: “I have enclosed the marked up Schedule 2.”

If the writer expects the recipient to read the document or react in some way (e.g. give his comments), they would write “I attach for your attention”. However, where no action is expected on the part of the recipient, we would merely write “I attach for your information.” This would be appropriate, for example, when sending to a client a new brochure or an update on the law.

Giving Good and Bad News
You can introduce good news by using the common phrases “I am pleased to inform you” or “you will be pleased to hear that” in the following ways:

  • “I am pleased to inform you that Regional Court has rejected the Defendant’s counter-claim.”

The common phrases “I regret to inform you” or simply “unfortunately” introduce bad news:

  • “I regret to inform you that the court fees for lodging a claim at the Regional Court will be 575 Euro from 1 February 2011.”

Closing Remarks
There are several expressions that typically come at the end of a legal letter or email:

  • “Thank you in advance for your assistance in this matter”: This expression is extremely helpful when the writer has made several requests earlier in the letter.
  • “If you have any questions regarding this letter, please do not hesitate to contact me”: This phrase should be inserted when the letter contains advice. The phrase can be made slightly less formal by using the words “please feel free to contact me…”
  • “I hope that this matter will receive your prompt attention”: This phrase is useful when the writer has expressed his concern earlier in the letter that the recipient has failed to do certain things. e.g. pay an invoice. This phrase therefore acts as a reminder for the recipient to remedy the situation

Requesting Future Contact
It is common to end letters with the phrase “I look forward to hearing from you” irrespective of whether the writer expects the recipient to respond in writing or merely telephone him.

Signing Off

There are different ways of signing off depending on the context and relationship to the individual you are writing to.

  • If the letter begins with the salutation “Dear Sir/Madam” the appropriate ending is “Yours faithfully”.
  • If the letter is to a named individual e.g. Dear Mr Peters, then the appropriate ending is “Yours sincerely”.
  • Where the relationship with the recipient is closer, one can end the correspondence with “Kind regards”, “Best regards” or simply “Regards”.

Anyone taking a Legal English training course or looking to improve their Legal English skills can benefit immensely from reading through the key expressions and their use that we highlight in this series about the language of contracts.

© Communicaid Group Ltd. 2012

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Jan 04

Tips for Learning a Foreign Language – Outside the Training Room

English Language Training, Language Training Courses 1 Comment »

Anyone learning a foreign language should set aside some time for self-study, engagement with the language, immersion, discovery or whatever else you like to call it. What takes place in the formal language learning setting during the allocated times is not enough if you want to make real progress on your language skills. Anyone learning a language and taking a language course needs to allocate time outside the training room to practise and develop the skills learned in the formal setting.

Scripts catscandotcom i Tips for Learning a Foreign Language Outside the Training Room

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Practice makes perfect

Although you may not be assigned ‘homework’ between every training session, it’s important that you find the time to review previous lessons and any learning from them. It is only by reviewing your previous sessions in a critical way that you will be able to increase your comprehension and memorisation of new vocabulary and expressions you are learning. In order to memorise vocabulary items so that they can be used spontaneously, research suggests that you have to repeat each item at least 10 times. During training, your trainer will probably use activities that disguise repetition so that the process is not dull, so reviewing the activities you did in the session will help you to further engrain the new vocabulary and expressions into your language repertoire.

A web of language tools at the ready

Exposing yourself to the language you are learning as often as possible is one good way of getting used to its sounds. The internet has a wealth of reading material for all languages, so spend some time searching for the level and content of materials that best suit you. Reading articles and reports can also help you to expand your vocabulary and get used to the way the different structures of the language work.

Language learning can be fun

In addition to podcasts and articles, the internet also offers a wide range of fun activities and games which can help you to develop your language skills while playing something enjoyable. For those learners who have a higher level, there are foreign language radio stations, podcasts and videos. Try not to aim too high as you listen to these programmes as this can quickly demotivate you. Be sure you can understand a large percentage of what you hear so that you can develop your listening skills.

There’s nothing like the real thing

One of the best ways you can improve your language skills is by spending some time in a country where that language is spoken. Experiencing the real use of the language can be a very motivating experience and allows you to experience the language in ‘real’ situations outside the artificial environment of the training room. Having the opportunity to experience the culture of the country where the target language is spoken can give you added reasons for pursuing your training. A love of a language is usually closely associated with the love of a country where that language is spoken. The best way to experience a country and to practise its language at the same time is to stay in a family. This experience is open to all ages and can offer a combination of lessons and social experiences.

Among other benefits, immersion in a target language country can greatly improve your comprehension skills. Understanding the spoken language is vital as it holds the key to being able to participate in meetings, discussions or conversations. If you don’t have the opportunity to go to a target language country, then there are usually foreign language clubs you can join or online language chat forums.

No matter where and how you spend time developing your language skills outside the training room, the key to your success is not to be shy and stay determined. Get involved in as much as you can and don’t be afraid to ‘have a go’. The more you practise what you have learned in your language courses, the more you will develop your skills – leading you to greater confidence and competence in the language you have selected. Don’t let your language learning stop when you leave the training room!

© Communicaid Group Ltd. 2012

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Jan 03

Lack of Language Skills in the UK Affecting our Position in the European Union?

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According to the Financial Times, European Commission President Jose Manuel Barroso is considering easing the conditions of recruitment for European civil servants from the UK. The low number of British civil servants working for European bodies and organisations is one reason for this recent consideration. The population of the UK represents 12% of the European population, but only 1.5% of applicants who passed the entry exams were British. Many officials see this situation threatening the UK’s political weight in European decisions and therefore urge both their country and the commission to solve the problem.

England flags Joe Gough Copy Lack of Language Skills in the UK Affecting our Position in the European Union?

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According to Barroso, the main problem for British applicants is their lack of language skills. To successfully pass the European exam, future civil servants need to answer questions in their native language and another European tongue. They also have to show a good working knowledge of a third European language. These requirements often prove to be too much for regular British civil servants who are coming through an educational system that no longer requires students to learn a language.

Barroso, an Anglophile despite his use of French when working with the commission, has suggested creating a specific test for British nationals. This, however, was not welcomed by everyone. France fears that creating a different and specific test for English native speakers will undermine the influence of the French language within the different European institutions. Other countries question the fairness of creating a separate test and many feel that limited language skills of British employees could create difficulties from an administrative perspective. More importantly, many feel that encouraging applicants with limited language skills could undermine the emphasis the European institutions have always placed on the importance of language skills across Europe – both inside and outside of the organisations.

In an effort to improve the language skills and opportunities British citizens have, members of the government are starting to create a number of initiatives. British Foreign Secretary William Hague has decided to launch the “EU careers month” for example by creating websites and events promoting the different career paths for European civil servants and the skills required.

These initiatives combined with focused language training could help future applicants have a better chance of working in such a linguistically and culturally diverse organisation. In turn, the UK would have a higher number of people in place who could help to influence decision-making processes around any issues that affect it.

© Communicaid Group Ltd. 2011

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