COMMON MISTAKES IN LEGAL DOCUMENTS

1. Paragraphs and sub-paragraphs not labeled with a word caption for quick and easy identification.
2. Failure to use unique word caption when content of paragraph or sub-paragraph varies from standard provision usually used in such documents.
3. Failure to use complete sentence when labeling paragraphs and sub-paragraphs so as to make quick review of documents simple.
4. All paragraphs and sub-paragraphs not numbered with logical system for cross- referencing. The trend is to use 1.1.1.1 instead of 1.a (1) (a).
5. Text not single spaced so as to reduce duplication costs and facilitate speed reading.
6. Preparing legal documents with a “draft” mentality, in that, the person creating document should be including all formalities and attempting to create necessary wording instead of doing the basics and sending it back for review.
7. Pages not signed by parties and initialed by attorneys to prevent switching of pages. Without signature on each page, there is no way to prove that page was or was not included when originally signed. This also makes it easy to send Certificates of True Copy to clients whenever needed.

8. Documents lack proper execution to make them ostentatiously legal so as to pass scrutinizing by “lower level bureaucracy.” (8.1)  Failure to include the witnesses’ addresses. (8.2)  Failure to have THREE witnesses, which is required in some states. (8.3)  Notary of signers, but not of witnesses. (8.4)  No Attorney’s Certificates of legality. Placement of certificate may be either near the front or on the last page. (8.5)  No attorney initials on each page to authenticate quality control with space for this on each page properly labeled.

9. The use of excessively long paragraphs. Long paragraphs need to be broken down into “sound bites” which are more palatable to the average reader.

10. The use of excessively long sentences. Most sentences may be reduced in length without losing any of their meaning or emphasis.

11. Cross-references fail to set forth number and word caption of paragraph referred to so as to prevent cross reference errors. It is important to ensure that all cross references are correct as to that document once all changes to the template are done.

12. Archaic language used (e.g., “In event that...”, “said”, etc.). It is best to write the document as a newspaper article. Tell it like it is, do not hide simple concepts in complicated legalese.

13. Hard to read type style. The larger the type used, the easier it is to read.

14. Uses “reverse stair stepping” of left margins which wastes paper and is asymmetrical. The goal is to return the second line of the provision as far back to the left side of the page as possible to make it easy for the reader to follow.

15. Lack of synopsis for documents in cover letter. Many clients fail to read the entire document and the less they have to read to understand the documents, the better.

16. Lack of purpose as first paragraph of the documents.

17. Failure to use simple common sense language. The purpose of writing is understanding. Thus, complex things should be said in two different ways and/or with multiple examples.

18. Failure to verify names, addresses, and social security numbers used in documents by only referring to written confirmation supplied by client. The only way to be sure is to call the client and double check that all information provided is correct.

19. Failure to use standard letter sized paper. This size paper may be filed in smaller files, placed in standard notebooks and copied at a lower cost.

20. Failure to title the document is such a way that it is specific enough to distinguish document from all others. Generic titles are never to be used.

21. If document is to be recorded, the margins comply with recording requirements with 2" top margin on first page and 1" top margin on subsequent pages and at least ½" margins left, right and bottom of all pages.

22. Failure to divide documents into 5 parts: (1) names and inserts, (2) variables for this document, (3) provisions common to all legal documents of this type, (4) provisions common to all legal documents, and (5) provisions related to signatures, notarization and the proper execution of documents.

23. Paragraph title (word caption) does not describe what is in the paragraph.

24. No Table of Contents or Listing of Paragraphs for easy access.

25. Failure to include the path, date, copyright and originator’s or typist’s initials.

26. Failure to include firm name on all legal documents.

27. Failure to print on both sides of the paper. All other reading material is two-sided there is no reason legal documents, not filed with the court, should be done any different.

28. No provision for alternative dispute resolution (ADR). No family can afford a lawsuit, whether in monetary or emotional terms. It is also important to note that standard ADR paragraphs are usually not well written and do not provide your clients with the protection they deserve. It is best to research the area and write your own provision.

29. No enforcement provision in the document. A threat is no good without the   muscle to back it up.

30. Using the term Attorney-in-Fact rather than Agent. A new Arizona law uses the latter when referring to a principal/agent relationship.

31. No specific provision that document is good in all states and in other countries.

32. No reference of where copies went and what enclosures are included.

33. Caption of document does not set forth the nickname of the client.