金融英语其他辅导：如何撰写律师函？（英）（4）

会计考友

　　Playing with the Words
　　Why does it take lawyers so long to write letters? Because we play with the words. We write, rewrite, move around, delete, cut and paste the words over and over and over again until we are happy with the way it sounds. That's the art of legal writing. It's like Picasso painting over the same canvas again and again, transforming it from one painting to another and then to another until finally he is satisfied with the result. Not always 100% satisfied, but good enough for it to go out the door and into the world. That's why writing is an art. And that's also why more copies of WordPerfect were sold to lawyers than any other industry. So here are some things to play with.
" W  e  v' M( ?$ d) w　　Write in short sentences. Short sentences are easier to understand than long ones. "Short, crisp sentences in a language accessible to lay people." This is the Associated Press's description of the writing style of the late Lord Alfred Thompson Denning, who was one of Britain's longest-serving appeals judges when he died at the age of 100 in March 1999. The same style Lord Denning used in writing appellate opinions should be used in writing letters to nonlawyers.
　　It's okay to use jargon; just explain it. We hear all the time that lawyers use too much jargon. But some concepts need the jargon. Like nunc pro tunc （which means now for then and is a wonderful concept that recognizes the inherent power of a court to correct its records by entering an order effective as of a prior date） and per stirpes （which means through representation and indicates a manner of taking title from a decedent）.
　　Every profession has its jargon. That's not bad. It's part of our identity. It's a form of shorthand. It's a form of common knowledge among professionals. If my physician failed to use jargon in describing a medical condition, I would probably wonder if I had the right expert. A good professional not only knows the jargon, but can also explain it to a layman. Therefore, show your expertise. Use the jargon when necessary, but explain it when you use it.
　　Repeat yourself only when repetition is necessary to improve clarity or to emphasize a point. Ambiguity can created by saying the same thing more than once; it is almost impossible to say it twice without creating ambiguity.
$ U+ [7 ~! s+ A# f& C2 L& }2 M& @　　When explaining a difficult concept, describe it from three directions. The only time repetition is helpful is when explaining a difficult concept. Each time you explain it you can make it a little more clear if you describe it from a different direction, perspective or point of view.
8 Y& m6 L/ D, B: ~2 R( J7 W2 w　　Write in active tense, rather than passive. Active tense is interesting; passive is boring. Active tense sentences are shorter and use words more efficiently, and their meaning is more apparent.
# ^( o" U9 u" W; @" U　　Watch where you place modifiers. When adding a modifier like "active" before a compound of nouns like "termites and organisms," be sure to clarify whether you intend the modifier to apply to both nouns or just the first one. If you intend it to apply to both, use parallel construction and write the modifier in front of each noun. If you intend it to apply to just one noun, place that one noun at the end of the list and the modifier directly in front of it.
　　Write numbers as both words and numerals: ten （10）. This will reduce the chance for errors. The Associated Press reported on 18 June 1999, that a comma in the wrong place of a sales contract cost Lockheed Martin Corp. $70 million: "An international contract for the U.S.-based aerospace group's C-130J Hercules had the comma misplaced by one decimal point in the equation that adjusted the sales price for changes to the inflation rate." Perhaps writing out the number would have saved the day.
　　When you write "including" consider adding "but not limited to." Unless you intend the list to be all-inclusive, you had better clarify your intent that it is merely an example.
/ c8 p5 m" a! H( z& |* l　　Don't be creative with words. Legal letter writing is not creative writing and is not meant to provoke reflective thoughts or controversies about nuances of meaning. Legal writing is clear, direct and precise. Therefore, use common words and common meanings.

会计考友

　　Be consistent in using words. If you refer to the subject matter of a sales contract as "goods" use that term throughout the letter; do not alternately call them "goods" and "items." Maintaining consistency is more important than avoiding repetition.
　　Be consistent in grammar and punctuation. Don't rely on the rules of grammar. The rules of grammar that you learned in school are not universal. The readers of your letter may have learned different rules. Write the letter so that no matter what rules they learned the letter is clear and unambiguous.
* y0 w) V- e5 X9 \　　Be consistent in your use of grammar. Be aware of such things as where you put ending quote marks, whether you place commas after years and states, and similar variations in style. Many rules of grammar are a matter of choice, but your choice should be internally consistent within the letter.
9 e6 D( O& V8 v) M　　Define a word by capitalizing it and putting it in quotes. Capitalizing a word indicates that you intend it to have a special meaning. The following is a sample clause for defining a term:
% S5 j  r+ h2 \+ S　　"Wherever used in this letter, the word "Goods" shall mean the goods that _________ agreed to purchase from _________ under the Contract."
　　Define words when first used. Instead of writing a section of definitions at the beginning or end of a long letter, consider defining terms and concepts as they appear in the letter. This will make it easier for the reader to follow