Just conversing with the friend who now has better working hours about how amazing it is that when one is busy, work comes, when one is free, work doesn’t come in at all; something my boss always complains about (after all he’s past retirement age and still working, preferring to take it slow). I noticed that if I had nothing to do over one weekend, no one would ask me out or if I do, no one is available but when I have events packed into the rather short weekend, everyone comes asking for a bit of my time.
Today was amazing because the bestie called for help. Unfortunately I was doing my duty as a driver and didn’t answer her in time. Then I got an email asking me to look through some tenancy agreements which brings me to the focus of this post really. The agreement consisted of an application form (fine), a pre-tenancy agreement (fine), the main agreement (fine) and this extra agreement that was short but included in case there was a substitution of one of the tenants (unnecessary). That could be included as a clause in the main agreement. Full stop. I am sick of reading lines after lines and writings of the SAME thing. I concluded that this is the work of the lay people because American lawyers drafts one of the world’s best contracts, well structured contracts and concised clauses.
Next problem, the pre-tenancy agreement was full of repeated clauses it seemed the drafter was worried that if not emphasised, the agreement will lose its meaning. Also, I couldn’t help correcting the “legal grammar”. Sometimes the landlord is referred to as the landlord, other times the owner. Sometimes the tenant is referred to as the tenant, other times applicant or approved applicant. Another hint that its the work of a layman. Its unlikely that this will ever end up in a lawsuit but if it did, I definitely wish I wasn’t representing either parties.
Moving on to the main agreement which gives me the most headache. LOADS OF GRAMMATICAL, SPELLING AND TYPO ERRORS. It is an eye sore to me because grammatical, spelling and typos are errors that even the primary school kid using the computer can ratify. Again, in this agreement there are LOADS OF REPEATED CLAUSES.
I guess I’ve seen enough of individuals trying to save on lawyers’ fees and creating such a disaster. In fact I recalled a court hearing I went where the judge said at the end of his judgment: please go back and advise all your clients and get them to tell their friends to leave the drafting of contracts to the professionals. It is not to allow lawyers to earn quick cash, in fact they put in a lot of hours looking at them, but to reduce the number of cases I have to hear before me each day where lawyers make a fool of themselves because of badly drafted contracts. Don’t you think its ridiculous saving a few hundred or thousand bucks on drafting a contract only to have to spend more to fight a case because of its bad drafting? Good contract drafting can reduce time and money wasted in fighting court cases.
I can’t agree more. In fact he later shared on how his litigation friend had to bring him (the judge) along when he thought of buying a house because he (the judge) is specialised in contract reading.
I shall leave you all with what he said: even my lawyer friend, who is of course as capable to read a contract as I am, is asking me to go along to make sure the contract he was signing was in place, why can’t non-legal trained people be as cautious?

