May 30, 2015

Art of legal writing

True, there is usually no need for a person to know how to write a legal letter or a legal agreement although we are in need of legal forms and agreements for a simple matter as from buying or selling a vehicle to a purchasing and selling a house.  It is also true that since there are always standard forms to follow, the need for one to know how to write is almost no need at all. And if there is something else to be stated or warranted or secured, that our legal professionals handle those issue is the norm in a way for us to walk away with the need for ourselves working on those issues.

But imagine you are a lawyer and a client of yours come and ask you, for example, to write a contract or contract-subcontract agreement alike that you have never done before.  Here, unlike those many daily issues that are fast for hand than needed, you may find the situation a bit tempting.  My intention is however not to write anything on the pro and contra about using standard legal forms and agreements for those extra demand from clients but to write something on the ‘art of writing’ that are overly archaic (or conservative) by nature.   

So after reviewing many legal forms and agreements, while I was also in need of a small legal form in the past week for a subcontract work, it had come to be noticed that there is also a rare thing such as error free legal forms or legal agreements.  Those who are not in legal profession may look at this phenomenon as the style of wring in ‘legal conservatism’ while other may still not be happy with the way they are done since many simple errors can still be avoided. 

Here is how to write a simple error free legal agreement that you may find useful for a client if you are a lawyer or if you are someone working in a corporation who needs a simple contract and/or subcontract agreement:


THIS AGREEMENT made this … day of ... 20…


Name: … (hereinafter called the “Contractor”)

Address: …


Name: … (hereinafter called the “Subcontractor”)

Address: …

WHEREAS THE SUBCONTRACTOR has entered into an agreement (hereinafter called the “Contract”) for the construction of … (hereinafter called the “Contract Work”) at … (hereinafter called the “Project Location”),

AND WHEREAS the Contract includes the work to be performed under this agreement (hereinafter called also the “Contract”),

AND WHEREAS the Subcontractor has agreed with the Contractor to construct, install and complete the project of the Contract Work and supply all the materials necessary therefore as hereinafter set forth

AGREES on the followings:


A.   The Subcontractor shall supply all the labor, supervision, materials, tools, and equipment necessary to construct, install and complete the Contract Work (hereinafter called the “Work”) for the Contract price (hereinafter called the “Project Cost”), namely:

B.   The Subcontractor shall begin Work on or before the … day of ... 20… and carry on and complete the Work on or before the … day of … 20… (hereinafter called the “Contract Time”) generally in accordance with the schedule attached hereto or as otherwise provided for or by the Contractor or the Subcontractor. The Subcontractor shall carry out the work in a manner which shall not delay the work of others on the project. The order and schedule of the Work shall be at the discretion of the Subcontractor in consultation with the Contractor.

C.  The Subcontractor shall carry out the instructions of the Contract related to the Work only. The Subcontractor shall, however, determine all matters pertaining to this Contract and direct the crew accordingly, namely in order for providing the Contract Work:


The Subcontractor warrants the Work in accordance with this Contract Document a … workmanship warranty and a … material warranty. And that no payment to the Subcontractor and no partial or entire occupancy of the Work by the Owner shall be responsible for any payment during the warranty period.


All the agreements as set forth in Article 1A to 3 shall form part of this Contract and the whole … shall constitute the entire contract between agreed parties. This Contract shall ensure to the benefit of and be binding upon the parties hereto, their respective successors, executors, administrators and permitted assigns.

IN WITNESS WHEREOF the parties hereto have now executed this Contract,
SIGNED in the presence of Contractor and Subcontractor on the … day of … 20… .
Name: …

Signature: …


Name: …

Signature: …

(Some trouble for uploading. Please check back later if you like to have a different version, a bit difficult one, that i did some quick writing and proofreading for from many 'art of legal writing' versions.)

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