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These are the ten most common errors that our Department of Communication in

English correct every day, and our tips to help you avoid them.

THAT AND WHICH

We use 'that' for restrictive clauses. These modify, focus and limit. The information
they give is essential to the meaning of the sentence, and they are not set off by
commas.
Example:
The contract that the parties entered into last month establishes their rights and
obligations.
(There are a number of contracts. Only the one entered into last month establishes the
parties rights and obligations.)

We use 'which' for non-restrictive clauses. These supply additional information that is
not essential to the meaning of the sentence, and they are set off by commas.
Example:
The contract, which the parties entered into last month, establishes their rights and
obligations.
(Only one contract is under discussion. It establishes the parties rights and obligations
and, coincidentally, was entered into last month.)
Click here for a more elaborate explanation and more examples.

CAPITALIZATION

We do not capitalize titles and law-related authorities to emphasize importance, as this


only distracts readers and creates confusion. There is almost never a reason to
capitalize 'judge', 'tax inspector' or 'court'. They are not proper nouns.
'President' is only capitalized immediately before the name of a president of a
country. The same applies to titles like 'doctor', 'professor' and 'judge' when referring
to a specific person. Never capitalize those words when they refer only to occupations.
Example:
We agree with Judge Bradys view of the case.
We agree with the judges view of the case
We (and the Chicago Manual of Style) recommend using lower case for almost
everything. This link is useful when in doubt.

SINGULAR AND PLURAL

There are singular and plural differences between English and Spanish, but no golden
rules. A good start is to remember the points below:
Organizations and institutions are singular.
Example: The company is restructuring its organization.
Management is singular.
Example: Company management has introduced a new policy.
'News' is singular.
Example: What is the exciting news you wanted to tell me?
'People' is plural. The singular is 'person'.
Example: Some people are playing football.

Some nouns end in -ics but are not plural, such as athletics, gymnastics,
mathematics, physics, electronics, economics, and politics.
Example: Gymnastics is my favorite sport.

OF AND FROM

Prepositions in other languages often wreak havoc. 'Of' and 'from' are no exception.
We use 'of':

with possession (the title of the book);

in some expressions with be + adjective (it was nice of you to come);

after some adjectives, including afraid, ashamed, aware/unaware,


capable, fond, proud, sure/certain, and tired; and

after some verbs, including accuse, complain, dream, remind and think.

We use 'from':

to refer to origins (Joe comes from England; the passage is from a poem by
Lord Byron);

with to and until to mark the beginning and end of an action in time (we will
be in London next week from Tuesday until Friday); and

after some verbs, including borrow, disappear, discourage, prevent and


protect.

CURRENCY SYMBOLS

Place currency symbols before the amount of money. Write 500, not 500 . Avoid
strange variations, such as 200K and 12M.

AND, OR AND AND/OR

In English, 'or' is exclusive and suggests alternatives; 'and' is inclusive and links a series
of adjectives, nouns, phrases or sentences.
Examples
The director is liable for damages arising from fraud, omission or malpractice.
(The director is only liable for one offense, which does not make sense).
The director is liable for damages arising from fraud, omission and malpractice.
(The director is liable for all three offences, which makes sense).

Avoid 'and/or' at all costs. Few defend it, and many detest that befuddling, nameless
thing, that Janus-faced monstrosity, neither word nor phrase, the child of a brain of
someone too lazy or too dull to express his precise meaning, or too dull to know what
he did mean, to cite Justice Chester A. Fowler.
The weight of authority is against the use of and/or because (i) it can result in
uncertainty, and (ii) it is not a real word. Where it seems necessary, try using or, or
both.
Example:
Take a sleeping pill or a hot drink, or both.
If you are still not convinced, click here to see what other judges have to say.

IF AND WHETHER

Use 'if' for conditional sentences. A condition must be satisfied before something
occurs.
Example:
If the client telephones, I will arrange a meeting for next week.

Use 'whether' to present two alternatives (that are not a condition). Do not use or
not after whether as this is already implied.
Example:
I could not decide whether or not to tell him the truth.
Example:
Inform the employees whether they must give their consent. (In this example, the two
alternatives are that the employees (i) must give their consent, and (ii) are not required
to give their consent. They must be informed in either case)
Inform the employees if they must give their consent. (The employees must only be
informed if they must give their consent. Their consent is a condition.)
Use 'whether' after prepositions.
Example:
We must make a decision on whether you stay.
Use 'whether' before infinitives.
Example:
We discussed whether to take the matter any further.

SHALL

Shall we, will we or must we: that is the question. This is likely to raise the hairs on the
back of some necks, but when we draft legal documents, we aim to establish clear
rights and obligations through words of authority. Inconsistent use and interpretation
of these words will create ambiguity. As shall can refer to a duty, an obligation, a
possibility, and a future intention, it is best to use must or will, depending on the
context, as the meanings of these are clear and never misunderstood.
Take this example: Interest Rate shall mean a rate per annum of 9%. This sentence is
ambiguous, first because it could point to a future event. When will interest rate mean
that, exactly? Second, an interest rate is not obliged to do or mean anything. In this
sentence, using means makes more sense than shall mean because it avoids the
future problem and the obligation problem. More importantly, means is more
concise.
The US National Archives and the ABA Journal offer excellent advice on this and other
drafting issues.

COMMAS AND POINTS IN FIGURES

It is simple: when writing numbers in English, use a comma where you would use a
point in Spanish, and a point where you would use a comma. Use a comma to separate
sequences of three digits and a period for decimal points. 1,345,200.34 is correct.
1.345.200,34 is incorrect and perplexing for an English speaker.

EASILY CONFUSED WORDS AND 'FALSE


FRIENDS'

Damage: To cause harm (verb); harm suffered (noun)

Examples:
The fire damaged the house.
The damage caused to the property.
Damages: Amount paid as compensation in a claim
Examples:
The court awarded 10,000 in damag3The plaintiff filed a claim for damages.
Procedure: A way of doing something, especially the correct or usual way
Examples:
Companies use several testing procedures to select candidates.
It is standard procedure to use electronic material as evidence.
Proceedings: The actions taken, usually in court, to settle a legal matter. It is plural.
Examples:
The proceedings were transferred to a higher court for enforcement.
The bankruptcy proceedings lasted one year.
Assist: To help. The noun is assistance.
Examples:
He assisted me in preparing my application for an MBA program.
The government promised financial assistance to affected families.
Attend: We attend meetings and other events. The noun is attendance.
Examples:
I cannot attend the meeting tomorrow.
The records show that attendance has dropped.

Last, but definitely not least, an abogado poderoso is not a powerful avocado.

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