Expressions like “it is important to note that” or “the facts show that.” are referred to as “throat-clearing phrases” because they add little or no substance to the sentence. One can shorten them without losing meaning.
One way to spot throat-clearing phrases is to watch for phrases in the form of “it is ________ that,” which often appear at the beginning of a sentence or after a dependent clause.
Example 1: It is evident that Parliament intended the courts to interpret the statute strictly.
Revision: Parliament intended the courts to interpret the statute strictly.
Example 2: Unlike the Totgars, it is evident that assessee is in the full-fledged business of banking.
Revision: Unlike the Totgars, assessee is in the full-fledged business of banking.
Another key to eliminating these phrases is to avoid expressions that instruct the reader to notice something. Generally there is no need to tell the reader to pay attention to what is written.
Example 3: Please note that the court did not address whether the employee was eligible for retirement benefits.
Revision: The court did not address whether the employee was eligible for retirement benefits.
Conclusion: clarity and conciseness are the two most important goals of legal writing, and these phrases contribute to neither of these goals. Instead of getting the reader to the point, they delay the reader’s arrival and hide the message.
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CA Milind Wadhwani | DISA(ICAI), FAFD(Cert.), CCCA(Cert.), Research (Ph.D.) Scholar | Mobile +91 9826273333 | Mail ID: – [email protected]
Excellent advice. Many of us are suffering from verbal diarrhea..
There is merit in plain language drafting. However, sometimes a few spacers are needed to break the monotony of a long draft and to draw special attention to a certain point
part of plain language drafting. Good to read and recognise that people are taking cognizance of plain language drafting.