5 Common Mistakes When Drafting Contracts in English (and How to Avoid Them)
Small linguistic choices that can create significant legal risk
Drafting contracts in English is not just about translating. It’s about thinking within a different legal tradition, structure, and drafting logic. That’s where many lawyers unintentionally get into trouble.
Legal English contracts require precision, consistency, and an understanding of common law drafting conventions. Fluency is not enough. You need contractual accuracy.
1. Translating Literally from Your Native Language
One of the most common lawyer drafting mistakes is direct translation of civil law expressions that simply do not exist in common law systems.
❌ Before:
"The parties compromise to fulfill their obligations."
✅ After:
"The parties agree to perform their respective obligations."
Word-for-word translation in contracts is one of the fastest ways to lose legal precision.
2. Misusing “Will” Instead of “Shall”
❌ Before:
"The Supplier will deliver the goods within 30 days."
✅ After:
"The Supplier shall deliver the Goods within 30 days."
3. Failing to Define Key Terms Properly
❌ Before:
"The service provider will inform the client about any delay."
✅ After:
"The Service Provider shall notify the Client of any Delay."
In English contracts, consistency is just as important as substance.
4. Overly Long and Complicated Sentences
❌ Before:
"In the event that the party does not comply with the obligations assumed herein, the other party may, if it considers it appropriate, terminate the present agreement."
✅ After:
"If a Party breaches this Agreement, the other Party may terminate it."
5. Ignoring Systemic Legal Differences
Drafting in English is not switching languages. It’s switching legal mindsets.
A well-drafted English contract does not sound translated. It sounds natural, precise, and legally robust.
Legal notice: We are not lawyers and we do not provide legal advice. All content is for educational purposes only. Any output generated by AI systems such as ChatGPT must be reviewed and verified by qualified legal professionals before use.
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🔐 Legal notice: This content is intended solely for educational and language-learning purposes. It does not constitute legal advice nor does it replace the professional judgment of a qualified lawyer. The purpose is to support the development of English communication skills and the ethical use of technological tools within a legal context.