This series of posts is designed to attempt to introduce some phrasal verbs which commonly appear in the legal context. Phrasal verbs consist of a verb together with an adverb or a preposition. The problem is that the verbs may have an ordinary meaning on its own which changes with the addition of the adverb or preposition when forming the phrasal verb.

There are many thousands of phrasal verbs and we will already know quite a few. We must try to focus on the phrasal verbs which we are likely to use in our work and then try to learn a few as often as we can.

Match the following phrasal verbs with the correct definition:

1. To do or accomplish something which you said you would do or that you have been asked to do. ………….
2. To cancel a debt and accept that it will never be paid. ………….
3. To be involved in something or to be busy doing something. ………..
4. To state something clearly, often in an official document. ………..
5. To make or write something which needs careful consideration. ………….

Complete the sentences with the phrasal verbs so that they make sense:

1. The negotiation finally ended and the lawyers went away to …………. the contract.
2. The right of first refusal is …………. in section 2(a) of the Share Transfer Agreement.
3. A white paper on copyright law and the potential liability for students …………. P2P file sharing.
4. Based on that risk profile you will also have to …………. client due diligence.
5. “We …………. $64,000 in unpaid debts last year.”

Answers: 1) carry out 2) write off 3) engage in 4) set forth 5) draw up

1) …draw up 2) …set forth 3) …engaged in 4) …carry out 5) …wrote off

Prepositions are difficult because essentially there are often no rules to guide us. We must simply try to remember which preposition to use with which words. This series of posts attempts to introduce prepositions in common usage in the legal context.

Complete the sentences with the correct preposition:

for             against(x2)             to(x2)             on(x2)

1) You may be eligible ……. Workers’ Compensation Benefits.

2) “Can I bring litigation ……. an ebay seller who agreed to sell an item for $27K to me and then sold it to someone else?”

3) You will need to submit a patent application ……. the UK Patent Office.

4) The Data Protection Acts 1988 and 2003 confer rights ……. individuals as well as placing responsibilities ……. those persons processing personal data.

5) Subject ……. the requirements of Rules 7.1 and 7.3, a lawyer can advertise services through written, recorded or electronic communication.

Answers: 1) …for 2) …against 3) …to 4) …on, …on 5) …to

Could you fill in the gaps with the given verb in the correct form?

1. The judge adjourned the case and ……………the courtroom. (leave)

2. The director asked for a loan because the company ……………… money. (lose)

3. How many times …………………… the bank since last week? ((he)telephone)

4. The plaintiff …………………… about this for some time now. (know)

5. They ……………..……….. the litigant at the moment. (cross-examine)

Answers: 1) …left 2) …had lost 3) …did he telephone 4) …has known 5) are cross-examining

This series of posts will look at the obscure phrases commonly used in British or American commercial contracts and are based on the drafting standards of these jurisdictions. When working with contracts in English, it is critical that we use these fixed phrases correctly.

Aggregate amount. An amount which is calculated by combining different items.

Construed in accordance with. Interpreted according to.

Discharge of contract/obligation/liability. The termination of the contract/obligation/liability by performance.

Except as expressly provided in this Agreement. Unless there is a clear statement to the contrary elsewhere in the contract.

Incur expenses/fees. To accumulate or make oneself liable to pay expenses/fees.

Check your knowledge with this Exercise:

In Spain, Juan Antonio Roca was arrested for taking systematic bribes as head of urban planning in Marbella. His net salary was less than €150,000 a year, yet when he was arrested his property included two huge Andalucian estates, luxury hotels, three palaces, beachside housing developments, a private plane and artworks worth a combined $2.4 billion!

Asked by a judge to explain this wealth, Roca said he had won the lottery 80 times. The prosecution noted that the chances of that were one in 43,000,000,000,000,000! In such circumstances, even the best defence lawyer might falter a little when beginning a speech, “Improbable as it might seem . . . ”