Can Non-native English Speakers Draft Contracts?

The short answer to this question is yes, you don’t have to be a native English speaker to draft agreements. Drafting a high-quality contract is important. If a contract lacks substance and necessary terms it can lead to lawsuits and loss of capital for the parties to the contract.

When you are the one drafting an agreement, it's best to avoid superfluous, unnecessary, and redundant words from the agreement entirely. The usage of such words doesn't add any value nor does it reduce the value if omitted; simply avoid them at all costs.

Keep your sentences and words shorter. Use sentences containing 25 words maximum. Ideally, you want to keep one thought per sentence and avoid using sentences with double negatives and exceptions. The shorter and clearer the sentences the better.

Omit archaic words and expressions; use simple and plain English words. Using old-fashioned legal words makes the contract difficult to understand instead use expressions that everyone is familiar with.

Keep old-fashioned conventions out of the contract. If there is an alternative word or phrase by all means use it. For instance “prior written consent“ is an old-fashioned phrase, you might be tempted to use it. Replace it with a simpler phrase.

Use terms consistency throughout the document. If you are using “Buyer” and “Seller, keep it as it is. Don’t use synonyms as it can create confusion. Make sure to define words of art when used.

Be wary of different legal systems. Mixing up terminology from civil and common law might render your contract void as some terms in civil law have absolutely different meanings than in the common law environment. Make sure you are familiar with terminologies in both systems.

It might sound cliche but you must always use correct English. Imagine receiving a contract from a lawyer full of mistakes. How would you feel about it? It probably would be frustrating.

Use correct grammar and simple sentences. It's far better to use a language that is comprehensible than writing complex clauses that no one understands.

Don't try to impress anyone with your advanced English; don't use complicated sentences. Your contract will look better and more impressive with clear and simple sentences.

Ensure that your writing is clear and concise. Be extra careful when using legal words that have everyday meaning as they might create confusion.

Avoid using words from a dictionary that you are not sure what exactly they mean as this can cause confusion and misunderstanding. Also, don't use words that you are not familiar with, replace them with words you are comfortable using.

I would advise you to read difficult sentences out loud. If you find it hard to read it's not your reading skills to blame but your complicated sentences. As long as you make sure that your writing is clear and easy to understand, your contract will stand out.