Not only in Legal English but in the whole language itself, it is very usual to make mistakes. However, when we are aware of the common errors we are able to avoid them. Moreover, it is certain that a good communication is paramount for legal professionals. Consequently, let’s look at some ordinary mistakes:
1) Consequent x Subsequent
Although both words indicate something that occured after a prior event, they set forth different ideas. While subsequent means merely something that follows an event or that happens at a later time, consequent indicates something which follows as a result of the earlier event.
For instance:
The government fights pollution and the consequent (resulting) problems.
We will address the remaining issues in the subsequent session.
2) Council x Counsel
Even though both terms share similar pronunciations, they indicate different definitions. The word council is a noun, generally used to indicate a group of persons brought together to deliberate on a particular issue; or, a body of people appointed or elected to serve as advisors, legislators or administrators. Conversely, counsel can be used as a noun or a verb. As a noun it means a legal advisor or advisors who commonly conduct(s) a case in court and as a verb it means to give advice to someone.
For instance:
My proposal was accepted by the council.
The council voted and overrode the veto.
A counsel was appointed for the defendant by the court.
The lawyer counseled her cliente on the matter brought to her attention.
3) Counterpart x Counterparty
Either terms are commonly used in legal English, however they produce very distinct senses. Counterpart is a person or thing that has the same purpose as another one in a different place or organization, while counterparty is the buyer or the seller in a financial contract.
For instance:
An email is the digital counterpart of a letter.
This agreement has been signed in two original, identical counterparts of which each party has received one.
Both of the counterparties are required to sign the contract in order for it to be valid.
4) Disqualified x Unqualified
Similar words with distinct definitions. Disqualified means to stop someone from being in a competition or doing something because they are unsuitable or they have done something wrong. It means to be ineligible or deprived of legal rights or powers, including by a law or rule. On the other hand, when we say someone is unqualified it means he or she lacks the requisite standard or is unfit for the role. An unqualified person does not have the qualifications needed for a particular job, position.
For instance:
A director has been disqualified from acting in this position for a period of time due to the breach of particular legislation.
He was a great person, but unfortunately unqualified for this job title.
5) Damage x Damages
This is an usual mistake. Some people think it is a matter of plural or singular, but it’s more than that. The word damage describes harm or injury to property or a person, whereas the word damages denotes monetary compensation awarded by a court for a damage suffered.
For instance:
The damage incurred by the claimant was estimated to be R$ 100.000,00.
They were awarded R$ 500.000,00 in damages.
We must highlight that the right preposition in this case is IN and not OF, commonly mistaken by Brazilian people.
We are asking for R$ 5000 of in damages.
6) Formerly x Formally
Formerly means in the past, previously, or in earlier times, while formally means conforming to convention, ceremony, and proper etiquette. Formerly is a synonym of previosly and formally is a synonym of officially.
For instance:
7) Ensure x Insure
A subtle difference that means a lot. To ensure is to confirm that something will happen, whilst insure refers to the monetary insurance of something or someone.
For instance:
8) Allude x Elude
While allude means to make an indirect reference, elude means to evade or escape from. These two terms are commonly used in Legal English and commonly mistaken as well.
For instance:
In this regard the reports clearly allude to the slow handling of the Structural Funds programmes by the Commission.
All individuals who, by their actions or their omissions, might be helping either of them elude justice are a discredit to their countries.
9) Propose x Proposal
Frequently professionals using Legal English make mistakes by varying nouns and verbs. For this reason, we would like to emphasize these two words. Propose is a verb, whilst proposal is a noun. Consequently, we use the first one to indicate an action and the second one is a synonym of suggestion, normally a written one.
For instance:
Our client can’t accept your proposal, so we’ll see you in court.
10) Prescribe x Proscribe
One of these terms is more popular than the other, however, they are commonly mistaken. Prescribe means to tell someone what they must have or do, or to make a rule of something, whilst proscribe means to not allow something. Outlaw, forbid, prohibit are synonyms of proscribe.
For instance:
Torture of political prisoners is proscribed by international law.
If you want to thrive in either a business or legal career bare in mind the importance of a good written communication. Keep learning, and keep achieving your goals. Count on us along the way.
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