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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Oct 01

Legal English in Focus: The Language of Contracts – “Subject To” and “Notwithstanding”

English Language Training, Legal English Training Courses 1 Comment »

There are a large number of words which commonly appear in legal contracts that must be understood in order to effectively interpret and use Legal English. “Subject to” and “notwithstanding” are two expressions that can cause some confusion. A Legal English training course will help you further understand these words to ensure you can write and interpret Legal English as effectively and correctly as possible. Here you will find a brief summary of how to effectively interpret and use these terms.

Man carying foldersTommL i Legal English in Focus: The Language of Contracts – “Subject To” and “Notwithstanding”

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The phrases “subject to” has two meanings:

(a) a cross-referencing phrase
(b) a phrase introducing a conditional sentence such as “provided that”

Cross Referencing

The phrases “subject to” and “notwithstanding” are used as a cross-referencing phrases linking a main rule to an exception:

1.  Price

1.1   Subject to Clause 3.2, the price of the products is set out in Schedule 2.

1.2   Notwithstanding Clause 3.1, The Seller is entitled to change the price, by giving the Buyer seven days’ prior written notice.

“Subject to” looks ahead to the exception whereas “notwithstanding” looks back to the main rule. A more plain English synonym for “notwithstanding” is “despite”. The drafter can select either of these phrases depending on where he wishes to place the emphasis.

If the phrase “subject to” were omitted, the meaning of the clause would still be clear. Its purpose, however, is to emphasise the relationship between the main rule (the price set out in the schedule) and the exception whereby the Seller may unilaterally change the price. It’s more important to use these phrases when there is a big gap between the main rule and the exception.

Conditional Sentences

The phrase “subject to” may be used in order to introduce a conditional sentence. For example, by replacing the word “by” in the example given in clause 3.2 above, it would then read as follows:

3.2 The Seller is entitled to change the price subject to giving the Buyer seven days’ prior written notice.

Where “subject to” is used in a contract for cross-referencing purposes, it’s advisable not to use it in conditional sentences as well to ensure clarity.

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

© Communicaid Group Ltd. 2011

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Sep 09

Legal English in Focus: The Language of Contracts – British and American English in Legal Language

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The English used by American lawyers is practically identical to that used by lawyers in Great Britain. However, there are some distinct variations with regard to legal correspondence, legal vocabulary and grammar. Here we have summarised some of the key differences between the two to help you navigate British and American contracts more effectively. A Drafting Contracts in English legal English training course can also help you make the differentiation between the two versions, especially if you are a non-native English speaker.

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Non-native English speaking lawyers often wonder whether the style of English they should adopt is dictated by whether they are writing to British or American lawyers. A native speaker from the United Kingdom would always use British English even when writing to a colleague from the United States and may not be aware of the differences in style in American legal correspondence. It’s therefore unrealistic to expect non-native speakers to be more exacting with their use of English. The most important thing is to choose the style that one is most familiar with and be consistent.

Here are a few examples of variations in British and American English.

Esquire

In the address section of a letter, instead of writing the name of the recipient prefaced by his or her title e.g. Mr John Smith, you will often see the phrase “esquire” after the recipient’s surname. So you may see John Smith Esquire written, or Esq in its abbreviated form.

In British English, the word “esquire” is merely an old fashioned term of respect that can be used whenever the recipient is a man, irrespective of his profession or social status. However, in American English, this word is only used when writing to a lawyer of either gender.

Date

The date of a letter can vary depending on whether it is written in British or American English. In British English, the date in letters is made up of first of the day, followed by the month and then the year like this: 2 January 2011. In contrast, in American English the month appears first followed by the day, a comma and then the year, like this: January 2, 2011.

Salutation

When the name of the recipient is not known, in American English, it’s possible to start a letter with “Gentlemen” or “Ladies and Gentlemen” instead of the typical British English phrase “Dear Sirs or Dear Sir/Madam”.

The punctuation that follows the salutation is different as well. In British English, either a comma or nothing follows the salutation (e.g. Dear Mr Smith,) while in American English, the comma may be replaced by a colon (e.g. Dear Mr Smith:)

Americans usually write Mr., Dr. etc with a full stop at the end.

Signing Off

In British English the signing off phrase is usually “Yours sincerely” (where the letter is written to a named person) whereas in American English it is “Sincerely yours”.

Where the letter or email has not been addressed to a named individual e.g. “Dear Sir or Madam”, the signing off phrase in British and American English is “Yours faithfully” and “Yours truly” respectively.

By considering some of the above variations in British and American Legal English, you can identify potential misunderstandings and differences more effectively. A tailored Drafting Contracts in English legal English training course will help you to understand these and many other differences to help you have the right impact in your legal role.

© Communicaid Group Ltd. 2011

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Aug 20

Legal English in Focus: The Language of Contracts – “Shall”

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There are a large number of words which commonly appear in legal contracts that must be understood in order to effectively interpret and use Legal English. A Legal English training course will help you further understand these words and clauses to ensure you can write and interpret Legal English as effectively and correctly as possible. Here we will focus on the word “shall” and how it can be used in Legal English.

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The word “shall” is commonly found in contracts to convey the meaning of an obligation. For example “the Purchaser shall pay the Seller the Purchase Price within seven Working Days from the date of receipt of Goods.”

However, if the word “shall” is used in a particular contract as a verb of obligation certain steps should be taken to ensure clarity and avoid ambiguity.

First of all, “shall” must be avoided in all cases which do not relate to an obligation. “Shall” is commonly misused in the following cases:

(a)   “Seven days’ prior notice.”

The words “shall be entitled” should be replaced by the words “is entitled”. It is confusing to use “shall” in order to introduce a right if “shall” also introduces obligations in the same contract.

(b)   “For the purpose of this clause “Secondary Activities” shall mean any paid activities that the Managing Director undertakes other than his duties under this agreement.”

The words “shall mean” should be replaced by the word “means”.

Where contracts use several words to introduce obligations such as “shall” must” and “is obliged to”, there is a real risk of ambiguity in that there is an implied hierarchy in the obligations according to the word used, whereas the drafter merely wished to vary his language. In order to avoid this risk, it is better to use one verb only.

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

© Communicaid Group Ltd. 2011

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Aug 05

Legal English in Focus: Proofreading Commercial Agreements

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Legal English is a minefield of terms and definitions. By understanding the grammatical rules that underpin these terms, you will be more likely to effectively understand legal documents. Taking a Legal English course is a great way not only to learn about what you should look out for when writing and proofreading legal documents in English, but also to acquire a good grasp of the legal documents you are faced with.

Whilst considerable time is devoted to drafting a commercial agreement, it’s essential that you proofread the document thoroughly to ensure that it does not contain any errors. One technique that can help you effectively proof your documents is called capitalised terms checks.

Business Writing Viorika Prikhodko i2 Legal English in Focus: Proofreading Commercial Agreements

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Capitalised terms checks are exercises that are carried out when proofreading a commercial agreement in order to ensure that:

  • The body of the agreement does not contain words which are incorrectly written with an initial capital letter, thus giving the impression of being defined terms
  • All defined terms created in the agreement are actually used

Ekmark Law concisely summarises the importance of a capitalised terms check and the consequences if ignored.

On the Lookout for Defined Terms

Modern commercial agreements tend to contain vast quantities of definitions. This could be in reference to the individuals involved in the agreement, such as the “Purchaser” or “Vendor”, or it could be in relation to particular issues that are dealt with in the agreement, such as “Audit” or “Confidential Information”. These terms are generally found in the definitions section. Definitions can also be created specifically for a particular clause.

These definitions are easily identifiable as the first letter of the defined term (or each word in the defined term) is written in capital letters. It is therefore really important that you proofread the agreement to ensure that each word that begins with a capital letter is either a defined term (present in the definitions section or created thereafter) or that it is a proper noun, such as “Germany” or “Alpha Limited”.

Where the agreement contains a big definition section (e.g. a share purchase agreement) consisting of up to twenty pages, this task can be made easier by creating a separate list of the defined terms (whereby one deletes the actual definitions).

Once the definitions list is created, you should always read the agreement slowly and check each word that appears with an initial capital letter. If it is not a word that is normally written with a capital letter, check whether the term is included in the definitions list. If it is in the list, the proof-reader simply needs to tick the word in the agreement. If it is not in the definitions list, you should highlight the word as either a new definition or write the word in lower case.

Have you referenced the defined terms?

The second capitalised terms check that you should always carry out seeks to ensure that all the definitions contained in the definitions section are used at least once in the agreement. Problems may arise if the agreement, e.g. a share purchase agreement, is modelled on a previous transaction and certain specific definitions created for that transaction are not used in the new agreement. In this case, rather than create a bare list of defined terms, it is better to print out the entire definitions section as a defined term might only be used in the definition of another term and might not appear in the body of the agreement. To check this effectively, you should work through the following steps:

  1. Read the agreement
  2. Identify each word that is written with an initial capital letter
  3. Tick off each defined term in the definitions section that corresponds to the word in question

Once this exercise is completed, you may find several redundant defined terms which should then be deleted from the agreement.

Conducting a capitalised terms check can be a tedious process but it is highly important and can significantly enhance document comprehension. Taking a Legal English course can help you to take the right steps in creating a winning and professional legal document.

© Communicaid Group Ltd. 2011

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Jul 21

Legal English in Focus: Liquidated Damages Clauses

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Legal English is often full of impenetrable terms that make contracts unnecessarily difficult to understand. The role of a legal contract should be to make the terms and conditions of any agreement clear and transparent rather than confusing. This article forms part of our series on Legal English and will shed light on some of the major terms and clauses found in legal contracts.

One clause you may often come across is the Liquidated Damages Clause, but what exactly is it?

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In a contract involving two parties, a Liquidated Damages Clause is put into place to serve the best interests of each party and to discourage both parties from breaking the rules of the contract. For example, if Party A fails to uphold their side of the agreement, they must pay a fixed and previously agreed upon sum of money to Party B, who has fully adhered to the agreement.

In this case, Party A is known as the ‘defaulting party’ while Party B is called the ‘non-defaulting party’. Both of these terms will occur frequently in a Liquidated Damages Clause. Importantly, this clause does not aim to punish the defaulting party (Party A) but indeed to compensate the non-defaulting party (Party B).

The courts have developed laws whereby they can control the contents of Liquidated Damages Clauses. The basic rule is: the Liquidated Damages Clause can be enforced if the amount of money to be paid has been estimated prior to the start of the contract, and that this estimate reflects as accurately as possible the loss that would be suffered by the non-defaulting party (the individual or group who sticks to the agreement).

It is important that this estimate is indeed genuine as it will remain fixed in the event that the contract is broken, even if the actual loss suffered is worth more. If the non-defaulting party does actually lose more than originally estimated, they will not be able to sue for their full loss because they are bound to the initial. However, if it is proved that the estimated sum of money was not a genuine reflection of the potential loss suffered, then the non-defaulting party will be able to fully sue for their loss. In this case, the clause would then become known as a ‘penalty clause’. To find out more about penalty clauses read an interesting article in The Student Law Journal entitled ‘Commercial Law’.

One of the principal advantages of this clause is that it helps to avoid uncertainty so it’s really important to master it. It makes each party aware of the consequences that might occur if they do not hold their end of the bargain. Mastering the Liquidated Damages Clause however requires an extended knowledge of Legal English. Undertaking a Legal English course will help you to gain a better understanding of the terminology and specific vocabulary used in contracts or legal documents. The skills and knowledge gained in Legal English will improve your confidence and ability to write contracts or legal documents effectively.

According to case law, there is a presumption that it is a penalty when the clause requires a single lump sum to be paid, on the occurrence of several events, some of which may lead to serious damage and other may result in minor damage. Therefore, when drafting a contract in Legal English, it’s essential to distinguish between serious and minor breaches of contract.

Moreover, a clause will held to be a penalty clause if the amount to be paid is “unconscionable and extravagant” compared with the loss that could be suffered as a result of the breach. Courts however will be reluctant to conclude that a clause is a penalty when it has been agreed by commercial parties who are able to protect their interests.

It’s important to emphasise nevertheless that the function of this clause is to fix the amount that must be paid by the defaulting party regardless of the actual loss suffered by the non-defaulting party. This way, if the loss suffered is greater than the amount set out in the clause, the non-defaulting party is not allowed to ignore the clause and sue for the entirety of the loss.

However, if the amount of damages payable under the clause does not constitute a genuine pre-estimate of loss, it will be considered to be a “penalty clause” and will not be enforceable. The aim of a penalty clause is to punish the defaulting party, which is not permitted under English law. Where a clause is found to be a penalty clause, and thus unenforceable, the non-defaulting party can seek to recover his entire loss even if it is more than that provided for in the contract.

The difference between a liquidated damages clause and a penalty clause is based on the intention of the parties when entering into the contract as well as the date on which the parties entered into the agreement rather than the date of the breach. However, what actually happened after the formation of the contract may be important evidence of what could reasonably be expected to be the amount of the loss.

© Communicaid Group Ltd. 2011

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Mar 03

Legal English in Focus: The Language of Contracts (1)

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The purpose of this series of article is to explain the meaning of words which commonly appear in contracts and other documents written in legal English.

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1. Provided that

This phrase appears frequently in contracts but can be quite difficult to understand because it has two distinct meanings.
First of all “provided that” is used to express a conditional sentence, for example in the following “term” clause from a distribution agreement:

“The Agreement is for an initial term of two years. It will be renewed for further successive periods of two years provided that the Distributor reaches the sales targets which are set out in Schedule 2.”

Here the phrase, “provided that” could be replaced by “if” or “on condition that”.
The second meaning of “provided that” refers to an exception to a main rule. Its use can be illustrated by the following “Place of Work” clause from an employment agreement.

“The Employee shall work four days a week in Brussels and one day a week in London provided that the Employer is entitled to require the Employee to work for seven consecutive Working Days in London by giving the Employee seven days’ prior written notice.”

In the above example, the phrase “provided that” means “but” in order to contrast the normal rule of one day a week in London with the right of the Company to extend the Employee’s work there. Apart from the lack of clarity, as most people associate “provided that” with “if”, the use of this phrase as an exception to a main rule means that the sentence becomes extremely long and difficult to read. It would be better to delete “provided that” and insert a full stop after the words “one day a week in London” so that there are two sentences.

2. Deem

In contracts, the word “deem” is used to create a kind of legal fiction, in other words to treat a thing as being something that it is not, for example in the following Notice” clause:
Any notice required or authorised to be given under this Agreement shall be in writing and sent to the Parties at the address as first stated in this Agreement and shall be deemed to have been made as follows:

  • if personally delivered, at the time of delivery
  • if posted by recorded delivery at the expiration of 48 hours or, in the case of air mail, 7 days after the envelope containing the notice is delivered into the custody of the postal authorities.

It is common knowledge that posted letters do not always reach their destination. However, paragraph (b) creates a legal fiction whereby if the sender is able to establish that he has sent the notice in the ways described in the clause, it will be assumed that the recipient received the notice regardless of whether this is in fact true.

The word “deem” often appears with “shall” which is invariably used as a verb of obligation in contracts. Because no obligation is being imposed in the sentence containing the words “shall be deemed”, it is better to replace “shall” with “will”.

Knowing how and when to correctly use common legal terms such as “provided that” or “deem” is necessary when writing a document in legal English. Undertaking a legal English course will help you to gain a better understanding of this specific terminology and allow you to acquire the necessary skills to write proficiently in legal English.

© Communicaid Group Ltd. 2011

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Jan 28

Legal English in Focus: Drafting Commercial Agreements in Plain English

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One of the most common criticisms levelled at agreements drafted by English and American lawyers is that they are extremely difficult to read without an extended knowledge of legal English. Here we will show you several of the factors that make agreements so unreadable and we will suggest some ways in which this can be eliminated by using Plain English.

Business Writing Viorika Prikhodko i Legal English in Focus: Drafting Commercial Agreements in Plain English

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The Passive Voice

When sentences are written in the passive, the focus is on the object rather than the subject or the agent of the action. Often, the subject is not even mentioned as in the following phrase:

“The agreement may be terminated in the event of any breach by the Employee.”

There is no reference to the “party” which is entitled to terminate the agreement (although it is implicit that the right belongs to the Employer). The sentence can be written in Plain English by avoiding the passive as follows:

“The Employer may terminate the agreement if the Employee commits a breach.”

The advantage of the active, rather than the passive, is that the focus is on the party which may exercise the right, which is much more emphatic and clearer to read.

Sentence Interruption

Sentence interruption is very common in contract drafting and can make a clause rather confusing and difficult to read. Let’s look at the following example:

“The Licensor is entitled to, by giving the Licensor written notice in the form set out in Schedule 2, audit the financial records of the Licensee.”

The first part of the sentence introduces the Licensor’s right (“is entitled to”) but before we are told the scope of the right, the sentence is interrupted with the condition that has to be fulfilled (the obligation to give notice). By placing the condition to give notice at the end of the sentence like we’ve done below, the interruption is eliminated and the clause becomes much easier to read:

“The Licensor is entitled to audit the financial records of the Licensee, by giving the Licensor written notice in the form set out in Schedule 2.”

However, it is important to note that a small interruption to a sentence does not always make the clause so difficult to read:

“The Company, at its own cost, shall provide the Consultant with the services set out in Schedule 1.”

Here, the interruption “at its own cost” is insignificant. It’s therefore unnecessary to place these words elsewhere in the clause.

Tautology

Tautology means pairs of words that have the same meaning like “null and void”. You should avoid tautology when drafting contracts as one of the words is superfluous and may cause confusion.

A further example of tautology is the phrase “including but not limited to”. The phrase “but not limited to” is superfluous because “including” indicates a non-exhaustive list. However, this phrase is extremely common in contracts where the governing law is English or American law as surprisingly, courts in those countries have interpreted “including” as indicating an exhaustive list. Therefore, drafters of contracts will seek to add the words “but not limited to” to ensure that it refers to a non-exhaustive list but this can cause confusion to readers who are not familiar with the English or American context.

These are just some areas you need to think about when drafting contracts in English. Taking a tailored legal English trainingcourse such as Drafting Contracts in English will help you understand these rules and develop your legal English writing skills. A legal English course will give you the required knowledge and tips to help you to write accurately and correctly resulting in accessible, comprehensive and readable legal documents.

© Communicaid Group Ltd. 2011

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Jan 21

Legal English in Focus: Making Requests in Legal Correspondence

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When writing correspondence in legal English, you may have to ask the recipient to do certain things. This could include simple actions such as confirming receipt of the letter or it may entail more time consuming work such as making numerous copies of a document or providing legal advice on a particular topic. In order to achieve the desired response, it is therefore crucial to use appropriate legal English formulas and sentences.

Computer Keyboard Sykono i Legal English in Focus: Making Requests in Legal Correspondence

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When making a request in legal correspondence, it is important to take into account a number of relevant factors including:

  • How well you know the recipient
  • How big the request is
  • Whether the recipient is an important person whom you should address more formally.

When the recipient is a very important individual such as a senior partner of a law firm or the CEO of a client, or when the request is quite big, you should consider using elegant and polite expressions such as:

  • “I would be [extremely] grateful if you could review the attached Consequences of Termination clause and suggest appropriate amendments.”
  • “I would appreciate it if you could let me know whether courts in Brazil have the power to award punitive damages.”

When making requests in legal correspondence, it is usually appropriate to make a direct request but using a semi-polite tone like the following example:

  • “Could we possibly fix a meeting, preferably on 12 January, to discuss the draft license agreement?”

The phrases “please send me” or “kindly let me know” are extremely common in legal correspondence. However, you should be extremely careful when using them because when you remove the word “please” they constitute a direct command and can seem rather impolite as a result.

As a rule of thumb, here are some typical legal English phrases and situations when they may be appropriate:

When the recipient has failed to respond send you documents that you had requested some time ago: “More than one month ago I asked you to let me have your estimate for the likely cost of obtaining a licence from the Angolan Ministry of Telecommunications. As our client is anxious to expand its telecommunications in Angola, please send me your estimate by the end of this week.”

When the request is relatively small and will not involve much effort on the part of the recipient: “Please confirm receipt of the enclosed cheque in the amount of £500.”

When the request is made by a company to a wide group of recipients e.g. shareholders: “Kindly confirm whether you wish to attend the general meeting by giving the Secretary of Alpha Limited written notice no later than 20 January 2011.”

These are just a few examples of appropriate requests formulated in legal English. The best way to improve your writing skills for the legal context is by attending a legal Englishtraining course. Through exercises and case studies you will develop an understanding of the subtleties of tone and vocabulary used in legal English. With this knowledge and improved legal English writing skills you will avoid lexical mistakes and write more confidently and proficiently.

© Communicaid Group Ltd. 2011

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Oct 11

Benefits of Immersion Language Training

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

Immersion language courses (such as a Business English course in London) are those in which the delegate finds him/herself in a country where the target language is one if not the national language. The benefits of being in a position to experience and use the target language naturally in social and professional situations outside the training room is extremely beneficial to the learning process. As Mike Bostick states in his article ‘What is Immersion?’: ‘Language is acquired most effectively when it is learned in a meaningful social context.

Happy meeting Neustockimages i Benefits of Immersion Language Training

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Fritz and Wagner state that ‘Language is not only a cognitive phenomenon, the product of the individual’s brain; it is also fundamentally a social phenomenon acquired and used interactively in a variety of contexts for myriad practical purposes’. The delegate is focused on specific language and forms in the training room during the day and then has the opportunity to practise his language skills in the evening and at the weekend. Examples of different possible social situations could be an evening in a pub, going to a sports club, the theatre or the cinema. Professional situations might also be organised. A visit to the local law courts could be a feature of a legal English immersion course or an organised guided tour of an accountancy firm might find its place on a financial English training programme. If the delegate stays in a host family, then the opportunities for social interaction obviously increase.

The mental efforts involved in manipulating one’s own linguistic resources in order to interact socially aide the memorization of structures and vocabulary. Being able to use the training room language in real social and professional situations can also give a big boost to the delegate’s level of motivation. In addition, associating the target language with a culture at first hand can also add an extra motivational factor.

If we were to take note of Stephen Krashen’s theories on second language acquisition, the higher the delegate’s level of language before the immersion course, the more beneficial this course would probably be. This is because the American Linguistic, Krashen, believed that language is best acquired when the delegate receives a lot of comprehensible input. ‘Comprehensible input is language input that can be understood by listeners despite them not understanding all the words and structures in it’.

This roughly tuned input needs to be slightly above the delegate’s productive level (i + 1, where i is the delegate’s current level of language). The delegate on an immersion training course is faced with an enormous amount of comprehensible input and should therefore be able to acquire language more easily. Krashen distinguishes between acquired language (the language which is subconsciously acquired and which is readily available for spontaneous conversation) and learned language (what we use to monitor or check the acquired language as we use it). Acquiring and learning both of these sorts of language is more possible on an immersion course where the language of the training room is complimented by social language.

In addition to the increased linguistic opportunities available to a delegate on an immersion course, one important practical advantage should not be neglected. Immersion nearly always takes place in a country that is foreign to the delegate. He/she is therefore definitely ‘out of the office’. Consequently, the chances of first language interference and professional interruptions, which both hinder the learning process, decrease significantly. The delegate is also away from his/her family, which also implies that he/she can pay full attention to practising and learning the target language.

© Communicaid Group Ltd. 2010

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