How to pluralise terms made up of more than one word

Posted on August 8, 2012 by barnabyharward

As you know, in English you generally make a word plural by adding an ‘s’ at the end. There seems to be some confusion, though, about how to make plurals of terms made up of more than one word. For example, do you say bicycles shops or bicycle shops? Do you say power of attorneys or powers of attorney?

The answers are bicycle shops and powers of attorney.

The rule is that you pluralise the “head” of the term.

The term bicycle shop is typical of most noun groups. The “head” is the last word in the group. The previous word or words act as an adjective. So the last word in the group is pluralised. Here are some more examples:

Bank account => Bank accounts
Company car => Company cars
Price limit => Price limits
Termination notice => Termination notices
Service charge payment => Service charge payments
Group redundancy procedure => Group redundancy procedures
Employee share option scheme => Employee share option schemes

However, a term like power of attorney acts rather differently. Power is the “head” and of attorney is an adjectival phrase which describes the “head”.

Here are some other examples of terms that behave in the same way:

Article of association => Articles of association
Attorney-in-fact => Attorneys-in-fact
Attorney general => Attorneys general
Code of conduct => Codes of conduct
Condition precedent => Conditions precedent
Conflict of interest => Conflicts of interest
Course of action => Courses of action
Court of Appeal => Courts of Appeal
Court of first instance => Courts of first instance
Daughter-in-law => Daughters-in-law
Head of State => Heads of State
Notary public => Notaries public
Statement of claim => Statements of claim

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Attached or enclosed?

Posted on July 13, 2012 by barnabyharward

WRONG
Please find the template agreement enclosed to this email.

RIGHT
Please find the template agreement attached to this email.

Emails have attachments – an attachment is attached to an email.

Letters, or anything else sent by post or courier, have enclosures – an enclosure is enclosed with a letter.

For example:
Please sign the POA enclosed with this letter and return it to us as soon as possible. 

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A brief note on how to use “a/an” and “the”: General and specific references in English

Posted on June 13, 2012 by barnabyharward

This area causes various problems for Polish people writing in English. The main problem is the correct use of articles (“a” and “the”), but another problem arises from the fact that in Polish you can use the singular to make general references, while in English we usually use the plural.

Have a look at the below example:

Poniżej przedstawiamy nasze uwagi dotyczące zgromadzenia wspólników spółki z o.o. w świetle polskiego prawa.

Which ordinary shareholders’ meeting and which limited liability company does this sentence refer to? Does it refer to these things in general, or is it referring to a specific ordinary shareholders’ meeting and a specific limited liability company?

Of course the answer is that it is referring to these things in general. We know because of the phrase w świetle polskiego prawa. So how would you translate this sentence into English?

WRONG
Please find below our comments regarding ordinary shareholders’ meeting in limited liability company under Polish law.

This translation is incorrect. Although walnego zgromadzenia akcjonariuszy and spółce z o.o. are in the singular in Polish, they must be in the plural in English. This is because when we make such general references we refer to all instances of a thing – thus we use the plural.

So the correct translation is as follows:

RIGHT
Please find below our comments regarding ordinary shareholders’ meetings in limited liability companies under Polish law.

Now have a look at this sentence:

Zgromadzenie wspólników spółki z o.o. powinno zostać zwołane nie później niż w ciągu 6 miesięcy od zakończenia roku finansowego.

This sentence could be translated in the same way as the first example (using the plural):

Ordinary shareholders’ meetings in limited liability companies should be convened no later than six months after the end of each financial year.

Or it can be translated like this (using the singular):

An ordinary shareholders’ meeting in a limited liability company should be convened no later than six months after the end of each financial year.

This is another way of making general references. Remember that “a/an” is the indefinite article. It is used to indicate an individual instance of a thing that is undefined (i.e. not specific).

So, when making general references, you can use no article and the plural or “a/an” and the singular. It is incorrect to use the singular with no article:

WRONG
Ordinary shareholders’ meeting in limited liability company should be convened no later than six months after the end of each financial year.

We can now look at specific references:

W naszym przypadku rok finansowy Spółki kończy się 31 grudnia każdego roku. Oznacza to, że zgromadzenie wspólników za rok 2011 musi odbyć się najpóźniej w ostatni dzień czerwca 2012 r.

In this section the issue that was discussed in general terms in the previous two examples is now applied to the client’s specific matter. Therefore we are no longer making general references, but specific ones.

So which company are we talking about? The client’s (which is also a defined term as it starts with a capital letter).

Which ordinary shareholders’ meeting are we talking about? The Company’s ordinary shareholders’ meeting for 2011.

As we know which instances of each thing we are talking about, we must use the definite article (“the”), which, as its name suggests, defines (i.e. specifies) the thing it precedes.

Here’s a translation of the above example:

In the present case, the Company’s financial year ends on 31 December of each year. This means that the ordinary shareholders’ meeting for the year 2011 must take place on or before the last day of June 2012.

Note that I have used “the” in several other places in these sentences. In each case “the” indicates the specific nature of the thing it precedes.

Summary: As a very general rule, try to remember this: When we give a client general information about the law (e.g. in sentences that start “Under Polish law…”) we make general references, so we use plurals with no article or the singular with “a/an”. But when we apply this information to a client’s particular matter we make specific references, so we use “the”.

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One of… / each of… / any of… plus plural

Posted on May 25, 2012 by barnabyharward

If you use the phrases “one of… / each of… / any of…” they must be followed by the plural. Think about it – it’s logical. You’re always referring to one of / each of / any of many.

WRONG
We understand that one of the Company’s activity is financing the business activity of the companies from its group.

RIGHT
We understand that one of the Company’s activities is financing the business activity of the companies from its group.

WRONG
One of the most important selection criterion is the Personal Statement, which is as important as the interview.

RIGHT
One of the most important selection criteria is the Personal Statement, which is as important as the interview.

WRONG
Information sheets are available for each of the category covered by the rule.

RIGHT
Information sheets are available for each of the categories covered by the rule.

WRONG
We will charge you a blended hourly rate of EUR … plus VAT for work performed by any of our lawyer.

RIGHT
We will charge you a blended hourly rate of EUR … plus VAT for work performed by any of our lawyers.

 

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One simple way to make your English easier to read

Posted on April 16, 2012 by barnabyharward

Where possible, keep the subject of a sentence next to its verb.

This will help prevent readers from “getting lost” as they read, and will also make your English sound more native-like.

In the example below the announcement is the subject of the sentence and its verb is sets.

BAD STYLE
The announcement, apart from informing the public of the class action, sets the deadline for other injured parties to join the claim.

GOOD STYLE
Apart from informing the public of the class action, the announcement sets the deadline for other injured parties to join the claim.

The section of this example which has been moved to the beginning of the sentence (apart from informing the public of the class action) is what is known as a “weak interruption”. Weak interruptions are usually set off by commas – as above.

The important point about a weak interruption is that it can be removed from the sentence and the sentence will still make sense, e.g.:

The announcement sets the deadline for other injured parties to join the claim.

Weak interruptions can also be relatively freely moved around within a sentence.

In the next example the subject is the Respondents and its verb is initiated. The weak interruption is on 3 July 2011 (but it is missing its second comma). Dates very often constitute weak interruptions, and they are frequently put in the wrong place. If they are in the right place they don’t necessarily need commas:

BAD STYLE
The Respondents, on 3 July 2011 initiated an ICC arbitration against the Claimant generally relating to the same subject matter.

GOOD STYLE
On 3 July 2011 the Respondents initiated an ICC arbitration against the Claimant generally relating to the same subject matter.

If you don’t like starting sentences with a date, you may consider using this pattern (but it probably won’t always work):

The Respondents initiated an ICC arbitration against the Claimant on 3 July 2011 generally relating to the same subject matter.

In the next example the weak interruption is much too long to go between the subject and the verb, and the sentence is unnecessarily difficult to read:

BAD STYLE
The employee, taking into account the way the company paid its suppliers, consultants and former employees, is concerned about the timely payment of his salary.
GOOD STYLE
Taking into account the way the company paid its suppliers, consultants and former employees, the employee is concerned about the timely payment of his salary.

In this last example I move the object (a building) next to its verb (construct):

BAD STYLE
PLA intended to develop the Site (construct on the Site a building) prior to its lease.

GOOD STYLE
PLA intended to develop the Site (construct a building on the Site) prior to its lease.

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Don’t use Polish word order when you write in English

Posted on April 16, 2012 by barnabyharward

It is very common to use the word order of you native language when you write in a foreign language. It is part of what linguists call “first-language interference”, and it leads to a vast range of errors. This post looks at just one of the most common mistakes. Here is a typical example:

WRONG
The Draft Report was prepared solely for the use of the Company; however it was not clearly stated what was the purpose of the Report.

The section in red is a word-by-word translation of the Polish: nie zostało jasno stwierdzone jaki był cel Raportu. But the correct English sentence is as follows:

RIGHT
The Draft Report was prepared solely for the use of the Company; however the purpose of the Report was not clearly stated.

The difference between the sentences is that the Polish version puts the verb phrase (nie zostało jasno stwierdzone) before the subject (cel Raportu), whereas the correct English version puts the subject (the purpose of the report) before the verb phrase (was not clearly stated). This applies to all sentences like this (this one is in the passive, but it applies equally to active sentences). Here are some more examples:

WRONG
If the Parties do not settle a dispute within 30 days of receiving the proper notification there shall apply the following provisions.
(Polish word order – zastosowanie będą miały następujące postanowienia)

RIGHT
If the Parties do not settle a dispute within 30 days of receiving the proper notification the following provisions shall apply.

WRONG
Then the Company will send more detailed questions, in response to which there will be prepared updated versions of the memoranda.
(Polish word order – opracowane zostaną uaktualnione wersje memorandów)

RIGHT
Then the Company will send more detailed questions, in response to which updated versions of the memoranda will be prepared.

 

 

It is common in formal Polish to start a sentence with a passive verb. This structure does not work in English – again we need to start with the subject:

Dodano wymóg, aby podmioty, które sprzedały…
There was added a requirement under which entities that have sold…
A requirement was added under which entities that have sold…

Zobowiązano podmioty…
There was imposed an obligation on entities…
An obligation was imposed on entities…

Dodano przepis umożliwiający ministrowi…
There was added a provision that enables the minister…
A provision was added that enables the minister…

Similarly, sentences that start with “It is forbidden to [verb]” are wrong. Instead use “[Noun] is forbidden”. For example: 

WRONG
It is forbidden to store radioactive materials, heavy toxic compounds and explosives, unless storage of such materials has been agreed with the Lessor, and the Lessee holds relevant permits in this scope.
(Polish word order – Zakazane jest składowanie…/ Zakazuje się składowania…)

RIGHT
Storage of radioactive materials, heavy toxic compounds and explosives is forbidden, unless storage of such materials has been agreed with the Lessor and the Lessee holds relevant permits in this scope.

The verb “to store” has become the noun “storage”. This change is actually consistent with the Polish – where składowanie is also a noun.

 

 

The following example demonstrates another related mistake:

WRONG
Under Polish law, the parties may choose any law to govern their agreement, provided that there exists a sufficient link between the law chosen and the agreement.

In this example the use of “there exists” derives from literally translating the Polish construction, i.e. istnieje wystarczający związek. Again, like in the examples I gave you in the other tips, the verb is put before the subject. So the sentence may be corrected according to the same pattern as the other examples:

Under Polish law, the parties may choose any law to govern their agreement, provided that a sufficient link exists between the law chosen and the agreement.

But there is another, better way of correcting it. “Exists” can simply be substituted with “is”, and the result is a more natural English sentence:

RIGHT
Under Polish law, the parties may choose any law to govern their agreement, provided that there is a sufficient link between the law chosen and the agreement.

The same rule applies to “there occurred”:

WRONG
In a claim dated 4.12.2011, the Contractor proved that there occurred a disruption in the performance of the Contract, which resulted in a delay in its completion.
(Polish word order – miała miejsce przerwa)

RIGHT
In a claim dated 4.12.2011, the Contractor proved that there was a disruption in the performance of the Contract, which resulted in a delay in its completion.

And the same rule applies to “there arises”:

WRONG
If there arises any dispute related to this issue, it will be resolved by a court.
(Polish word order – w przypadku wystąpienia jakiegokolwiek sporu)

RIGHT
If there is any dispute related to this issue, it will be resolved by a court.

And the same rule may even apply to “there was made”:

WRONG
The Parties represent that in the Second Amendment Agreement there was made an obvious error in the definition of the Total Commitment.
(Polish word order – został popełniony oczywisty błąd)

RIGHT
The Parties represent that in the Second Amendment Agreement there was an obvious error in the definition of the Total Commitment.

However, if the making of the error is essential to the meaning, then the sentence should be corrected according to the model I gave you in the earlier examples:

RIGHT
The Parties represent that in the Second Amendment Agreement an obvious error was made in the definition of the Total Commitment.

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How to translate “W przypadku gdy…”

Posted on April 16, 2012 by barnabyharward

WRONG
In case when the Lessee does not acquire a building permit before 30 June 2014, the Lessor has the right to terminate the lease agreement upon one month’s notice.

RIGHT
If the Lessee does not acquire a building permit before 30 June 2014, the Lessor has the right to terminate the lease agreement upon one month’s notice.

The phrases “in case when” or “in the case when” do not exist in English. Instead, use “if”. You may use “in the event that”, but there is rarely any reason to do this, unless you think your client will be impressed by four words when one is enough. (Native English speakers will not.)

Also, don’t translate “gdy” as “when” in conditional sentences – use “if”:

WRONG
In accordance with § 9 Section 3, the Lessor has a right to terminate the Lease Agreement when the Lessee does not commence construction before 31 December 2016.

RIGHT
In accordance with § 9 Section 3, the Lessor has a right to terminate the Lease Agreement if the Lessee does not commence construction before 31 December 2016.

For more information see the entry How to use “in case”.

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How to translate “sprecyzować”

Posted on April 16, 2012 by barnabyharward

“Sprecyzować” CANNOT be translated as “precise”. “Precise” is an adjective (przymiotnik), while “sprecyzować” is a verb (czasownik). Nonetheless, mistakes like the one below are very common:

WRONG
The agreement does not precise which of its terms survive its termination.

I admit that “precise” does look and sound a little like “sprecyzować”, and it does have a similar sort of meaning. But the correct translation of “sprecyzować” is actually “specify”, which – I think you’ll agree – also looks and sounds quite similar to “sprecyzować”, but has the advantage of also being a verb. An alternative translation is “define”.

So the above sentence should read as follows:

RIGHT
The agreement does not specify which of its terms survive its termination.

Remember that you can ONLY use the word “precise” as an adjective, like in the following sentences:

Please ensure that you pay the precise amount of cash, as we cannot guarantee that we will have any change.

My colleague has a very precise knowledge of antitrust legislation.

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How to translate “tajemnica”

Posted on April 16, 2012 by barnabyharward

“Tajemnica” can be translated into English as either “secret” or “secrecy”. The choice of which word to use and how to use it depends on what meaning you want to express.

For example, To jest tajemnica zawodowa may be translated as This is a professional secret.

Whereas, Obowiązuje mnie tajemnica zawodowa may be translated as I am bound by professional secrecy.

In the first example above “tajemnica” becomes the countable noun “secret”, referring to a piece of secret information. In the second example it becomes the uncountable noun “secrecy”, referring to the quality or condition of being secret.

I often see mistakes where, for example, a sentence like Niniejsze informacje podlegają tajemnicy zawodowej becomes This information is covered by professional secret or This information constitutes professional secrecy.

Such sentences are incorrect and make no sense in English. The sentences would be grammatically correct if they were written as follows: This information is covered by professional secrecy, or This information is a professional secret. However, in English the phrase “covered by professional secrecy” sounds very awkward, and the terms “professional secret / professional secrecy” are rarely used anyway.

The best way to translate the sentence is simply: This information is confidential or This is confidential information.

When you translate “tajemnica” it is therefore important to decide whether you wish to refer to one or more individual secrets, or to the concept / principle of secrecy. Next, it is useful to know whether your translation is the correct term in English or whether there is a recognised term that you should use instead. Here is a list of English equivalents of some common Polish terms:

  • tajemnica adwokacka
    legal professional privilege (UK) attorney-client privilege (US); these terms describe the principle, not individual secrets. To refer to one or more individual secrets use information subject to legal professional privilege or privileged information
  • tajemnica bankowa
    bank secrecy describes the principle; you may also refer to bank secrecy provisions. A bank secret describes an individual secret, or to refer to one or more individual secrets you may use information subject to bank secrecy
  • tajemnica dziennikarska
    principle: journalistic privilege;
    one or more individual secrets: information subject to journalistic privilege or privileged information
  • tajemnica handlowa
    usually used in countable form: a trade secret / trade secrets;
    the principle is referred to as trade secret protection or protection of trade secrets
  • tajemnica lekarska
    principle: medical confidentiality / doctor-patient privilege / Hippocratic Oath;
    one or more individual secrets: information subject to medical confidentiality or confidential information
  • tajemnica przedsiębiorstwa
    see “tajemnica handlowa”;
    also a business secret
  • tajemnica państwowa
    individual secret: a state secret;
    one or more individual secrets: classified information; there is no particular term for the principle.

Typically there are several levels of classified information, depending of the degree of sensitivity – for more information see http://en.wikipedia.org/wiki/Classified_information

NB: Confidential information, privileged information and sensitive information are useful general terms that you may use if it is not necessary to convey a specific legal meaning.

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Careful how you translate “żaden”

Posted on April 13, 2012 by barnabyharward

Mistakes are made when żaden is translated as “any” instead of “not … any”, “no”, “none” etc. Have a look at the following example:

WRONG
The exercise of this right is conditional upon the State Treasury having any shareholding in the Bank.

This sentence is incorrect and ambiguous, and could mean either of two things:

POSITIVE
The exercise of this right is conditional upon the State Treasury having a shareholding in the Bank.
NEGATIVE
The exercise of this right is conditional upon the State Treasury having no shareholding in the Bank.

Unlike żaden, “any” does not have a negative meaning; it only takes on a negative meaning when used with “not”, “never” etc.

Of course, the writer of this sentence meant the second, negative version. There are two possible ways of writing it:

RIGHT
The exercise of this right is conditional upon the State Treasury having no shareholding in the Bank.
ALSO RIGHT
The exercise of this right is conditional upon the State Treasury not having any shareholding in the Bank.

Here is another example of an incorrect use of “any”:

WRONG
He confirmed that any written opinion is not needed at this stage.

In this example the writer uses “any” instead of “no” and compounds the mistake by trying to use a double negative (which is a correct structure in Polish, but not in English). The sentence is basically meaningless.

WRONG AGAIN
He confirmed that no written opinion is not needed at this stage. (Double negative)
RIGHT
He confirmed that no written opinion is needed at this stage.
ALSO RIGHT
He confirmed that a written opinion is not needed at this stage.

The next example shows how using “any” instead of “no” can produce a sentence with the opposite meaning to that intended. Both these sentences are grammatically correct, but common sense tells us that the first one does not have the intended meaning (here “any” means “every”).

WRONG
Documents containing client data should be stored in a way that any unauthorised person can access them.
RIGHT
Documents containing client data should be stored in a way that no unauthorised person can access them.

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