Many lawyers writing in English love to use words that begin with "here-", especially in contracts. Do you know what they mean? Should you use them, too?
“Here-”words are abbreviations. The “here-” part means: → “this document”
For example, if the document is an agreement, the "here-" part means "this agreement". If the document is a letter, the "here-" part means "this letter", and so on.
So:
and so on...
Example 1 - Hereto
The Privacy Policy is attached as Schedule 1 hereto. → The Privacy Policy is attached as Schedule 1 to this document (or to this agreement).
Example 2 - Herein
The Parties may not assign their obligations set out herein to a third party without the other Party's consent. → The Parties may not assign their obligations set out in this document (in this agreement) to a third party without the other Party's consent.
Example 3 - Herewith
The executed officers’ certificates must be delivered herewith. → The executed officers’ certificates must be delivered with this document (with this letter).
Example 4 - Hereof
The shareholders may exercise their pre-emption rights in accordance with section 12 hereof. → The shareholders may exercise their pre-emption rights in accordance with section 12 of this document (of this agreement).
Example 5 - Hereunder
The confidentiality obligations hereunder survive the termination hereof. → The confidentiality obligations under this document (under this agreement) survive the termination of this document (of this agreement)
So should you use HERE- words in your own legal drafting and writing?
It depends.
It depends on your own preference, your style, the type of document and your intended audience. Here- words are "legalese". They are not often used or understood by the general public. Depending on your audience, they may cause confusion. They may also create ambiguities. For example, it may not be clear whether “here-” refers only to the main part of an agreement, or also to the schedules.
On the other hand, they provide useful abbreviations/shorthand, especially for contracts.
They let you use one word instead of three or more. And, regardless of whether you use them yourself, you will come across them extensively in documents drafted by others, so it's important that you understand what they mean.
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