如何撰写律师函(英)
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TO WRITE LETTERS NONLAWYERS WILL READ

  Note: This article is for background purposes only and is not intended as legal advice.

  Why do people hate to get letters from lawyers? They carry bad news. They mean serious business. They're hard to understand. They use strange words. They carry the inherent threat of suit.

  Why do lawyers send such letters? They mean serious business, and they intend to sue.

  But must they use those ancient, strange words and be so hard to understand, or can lawyers express serious business and imminent1 suit using words everyone knows?

  Whether writing a demand letter to a contract breacher, an advice letter to a client, or a cover letter to a court clerk, the letter fails if the person receiving it cannot understand what it says.

  All of these letters have one thing in common: They are not great literature. They will not be read in a hundred years and analyzed2 for their wit, charm or flowery words. With any luck they will be read just once by a few people, followed quickly by their intended result, whether that be compliance3, understanding or agreement.

  Lawyers are Letter Factories

  Lawyers write many, many letters. An average for me might be five letters a day. This includes advice letters, cover letters, demand letters, all sorts of letters. Some days have more, some have less, but five is a fairly conservative average, I would think. Five letters a day for five days a week for fifty weeks a year is 1,250 letters a year. This is my 25th year in practice, so it is quite conceivable that I have written 31,250 letters so far.

  Why do lawyers write so many letters? A primary reason lies within the ethics4 of our profession. Florida Bar Rules of Professional Conduct Rule 4-1.4 says:

  "A lawyer shall keep a client reasonably informed about the status of a matter and promptly6 comply with reasonable requests for information."

  "A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation."

  While clients can be kept informed and given explanations orally, lawyers certainly know the value of the printed word over the spoken word: it is not as easily forgotten or misunderstood. Letters also create a record of advice given, which is useful to both the lawyer and the client. That is why letters are the preferred method of keeping clients informed and giving clients explanations.

  Some Things To Do Before Writing

  Before you start writing the letter it makes sense to do some preliminary background work.

  Find a letter form. Find a similar letter you have sent in the past, or see the Appendix to this article for sample engagement, cover, demand, contract negotiation8, contract advice, and fax letters.

  Review prior letters to this recipient9. In a busy world, it is easy to forget. Review prior letters to remind yourself where you are in the work process, what has already been said, and what remains10 to be said. This will give your letter direction and purpose.

  Do not send a letter to another lawyer's client without that lawyer's consent. Before sending the letter, find out if the nonlawyer is represented by someone else. Start by asking your client. Florida Bar Rules of Professional Conduct Rule 4-4.2 says:

  "In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer."

  Outline your thoughts in a checklist. Before turning on your computer or dictating11 machine, pull out a yellow pad and jot12 down the main points for your letter. List what you want the letter to say. Write the points in any order; write them as they come into your mind. You can rearrange them when you write the letter. Right now you're just making a checklist for writing the letter.

  Keep the legal pad close at hand. When you run out of ideas for the checklist, put the pad at the side of your desk. New ideas always spring forth13 when writing. Jot these down on the pad as you write the letter; they are easily forgotten.

  Simple Stuff That Will Make You Look Dumb If It's Wrong

  Letters begin with boring things like the date and recipient's name and address, but if any of these are missing or wrong the letter writer will look pretty careless, to say the least. So be careful when starting the letter, and you can even include some extra things that will make the letter even better than the regular letters the recipient receives.

  Date your letter. Date your letter the day you write it, and send it the same day. Undated letters are difficult to reply to. I usually reply to them by saying, "This is in reply to your undated letter that I received in the mail on 24 June 1999."

  Consider using the international dating convention of day-month-year rather than the U.S. convention of month-day-year. As reported in the 1 June 1999 Wall Street Journal:

  "The quirky U.S. style of date-writing is giving way to the day-first standard used by most of the world.

  …… Both the MLA style guide and the Chicago Manual of Style support the day-first format7. 'You get rid of the comma that way,' says Joseph Gibaldi, director of book acquisition for the MLA in New York."

  If you are sending a fax or email, then type the time next to the date. While letters "cross in the mail" in days, faxes and emails "cross in the wires" in hours and minutes.

  Remind your client to preserve attorney-client confidentiality15. Sometimes clients show your letters to others without realizing they can lose the attorney-client privilege of that communication. Add this phrase at the top of the letter to remind them not to do this:

  CONFIDENTIAL14 ATTORNEY-CLIENT COMMUNICATION

  DO NOT COPY OR DISCLOSE TO ANYONE ELSE

  If the letter is written during or in anticipation16 of litigation, the following phrase can be used:

  CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION

  AND WORK PRODUCT

  DO NOT COPY OR DISCLOSE TO ANYONE ELSE

  Be sure to use the recipient's correct legal name and address. Your letter may be relied upon for its accuracy, so be accurate. Verification of names can be obtained from the public records, the phone book, or the webstes. And when it comes to middle initials, never rely on your memory or guess at it because most of the time you'll be wrong.

  Indicate the method of delivery if other than mail. If being faxed, include the fax number and telephone number. If being sent by FedEx, state whether it is by overnight or second day. If being sent by email, state the email address. This will make it easy for your staff person to send it to the correct place, and it will document for your file how it was sent.

  Include a fax notice. When sending by fax, include a notice in case it is sent to the wrong number. Here is the notice I use at the top of my letterhead when sending a fax:

  NOTICE: This is privileged and confidential and intended only for the person named below. If you are not that person, then any use, dissemination17, distribution or copying of this is strictly18 prohibited, and you are requested to notify us immediately by calling or faxing us collect at the numbers above.

  Date Sent ________ Time Sent ________ Number of Pages ________

  Person Who Conf'd Receipt _________

  After sending a fax, call the recipient to confirm receipt and write that person's name in the space provided. Never rely on the fax machine itself to confirm a fax transmission; fax machines do not yet have the credibility of a human witness.

  The Corpus of the Litterae

  The body of the letter is why you are writing it. You succeed by leaving the reader with full knowledge of why you wrote the letter and what it means. You fail by leaving the reader dumbfound and clueless as to why you sent such a letter. While most letters fall somewhere in between these two extremes, following these suggestions will keep your letters on the successful end of the scale.

  Identify your client. It is important to let others know who is your client at the earliest opportunity. This accomplishes a great deal. First, it tells the reader that your client has a lawyer. This makes your client happy because most clients want the world to know they have a lawyer. Second, it tells the reader that you are not the reader's lawyer. This makes your malpractice carrier happy because it's one less person who's going to sue you claiming they thought you were representing them when, in fact, you were not.

  Identifying your client is an ethical19 concern, as well. Florida Bar Rules of Professional Conduct Rule 4-4.3 says:

  "In dealing20 on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested21."

  Therefore, the first time you write someone a letter, the letter should open with the following sentence: "I represent _________." After that, every time you write another letter reconfirm who you represent by referring to your client by name and as "my client."

  State the purpose of the letter. Why leave the reader guessing? Go ahead and say right up front why you are writing the letter. Here are some opening sentences:

  "The purpose of this letter is to _________."

  "This letter is to inform you that _________."

  "My client has instructed me to _________."

  "This is to confirm that _________."

  "This confirms our phone conversation today in which _________."

  If there are any enclosures, list them first. Listing enclosures at the beginning of the letter will make it easier for your staff to assemble them and for the reader to check to be sure all was received. This is much easier than having to read an entire, perhaps lengthy22, letter to ascertain23 what are the enclosures.

  The enclosures should be described with specificity so that there is later no question as to what was enclosed. At a minimum, the title and date of each document should be listed. If the document was recorded, then the recording24 information should be included. Whether the document is an original or a copy should also be specified25. The following is an example:

  "Enclosed are the following documents from your closing held on ___/___/1999 in which you purchased the home at _________, St. Petersburg, Florida, from _________:

  Warranty26 Deed dated ___/___/1999 and recorded on ___/___/1999 at O.R. Book ____, Page ____, _________, County, Florida (original)

  Title Insurance Policy issued on ___/___/1999 by _________ on _________ as policy number _________ (original)

  HUD-1 Settlement Statement dated ___/___/1999 (original)"

  Outline the letter as separately numbered paragraphs. Each paragraph of the letter should state a separate thought, comment, point or concept. No paragraph should be longer than four or five short sentences. If the paragraph is longer, then separate it into subparagraphs. The paragraphs should flow in logical, organized fashion. It is not necessary to write them all at once; you can write them as you think of them. Try to group related concepts in the same paragraphs or in adjacent paragraphs. See the Appendix for sample letters.

  Give each paragraph a title and underline that title. Think of this as the headline for a newspaper article. This makes it easy for the reader to scan the letter and choose how to more fully27 read and digest its contents. This also makes it easier for you later when you see the letter in your file and try to remember why you wrote it.

  Complete each paragraph by writing what applies to that paragraph. This is simple. You learned this in elementary school. Just explain in words what you want to say about each concept or comment you placed in your outline.

  If this is a letter to your client, include ideas that occur to you as you write. Many ideas will occur to you as you write: things that could go wrong with a business deal, things that might happen in the future, things that happened in the past, ways to structure things better. Write these in your letter even if they are not strictly legal advice. Florida Bar Rules of Professional Conduct Rule 4-2.1 says:

  "In rendering28 advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social, and political factors that may be relevant to the client's situation."

  If this is a letter to a nonclient, do not offer any advice. The letter should accomplish its purpose of providing information, making a demand, etc., without giving legal advice to the recipient. The comment to Florida Bar Rules of Professional Conduct Rule 4-4.3 says:

  "During the course of a lawyer's representation of a client, the lawyer should not give advice to an unrepresented person other than the advice to obtain counsel."

  State your assumptions. Whether or not this is an opinion letter, set forth the factual assumptions and statutes29 you rely upon in giving your opinion or advice. It is customary for opinion letters to recite the facts upon which the opinion is based and the statutes and case law, as well. This is something that every letter providing advice or opinion can include in order to avoid future misunderstanding. Every opinion and all advice is predicated upon facts and law. Stating the assumed facts and applicable law in the letter merely makes known to the reader what the writer understands to be true. This then places an obligation on the reader to inform the writer if any of the assumed facts is not accurate, which might change the opinion or advice.

  Place instructions to clients in bold type. This will make it easier for the client to follow up on your letter and do as advised.

  Close the letter with a final paragraph. The last paragraph will be one of the following:

  Summary of advice: "To summarize, I advise that you……"

  To do list: "Therefore, please do the following:……"

  Demand: "Therefore, my client demands that you immediately cease and desist……"

  Simple close: "If you have any questions, please call me."

  Playing with the Words

  Why does it take lawyers so long to write letters? Because we play with the words. We write, rewrite, move around, delete, cut and paste the words over and over and over again until we are happy with the way it sounds. That's the art of legal writing. It's like Picasso painting over the same canvas again and again, transforming it from one painting to another and then to another until finally he is satisfied with the result. Not always 100% satisfied, but good enough for it to go out the door and into the world. That's why writing is an art. And that's also why more copies of WordPerfect were sold to lawyers than any other industry. So here are some things to play with.

  Write in short sentences. Short sentences are easier to understand than long ones. "Short, crisp sentences in a language accessible to lay people." This is the Associated Press's description of the writing style of the late Lord Alfred Thompson Denning30, who was one of Britain's longest-serving appeals judges when he died at the age of 100 in March 1999. The same style Lord Denning used in writing appellate opinions should be used in writing letters to nonlawyers.

  It's okay to use jargon31; just explain it. We hear all the time that lawyers use too much jargon. But some concepts need the jargon. Like nunc pro5 tunc (which means now for then and is a wonderful concept that recognizes the inherent power of a court to correct its records by entering an order effective as of a prior date) and per stirpes (which means through representation and indicates a manner of taking title from a decedent).

  Every profession has its jargon. That's not bad. It's part of our identity. It's a form of shorthand. It's a form of common knowledge among professionals. If my physician failed to use jargon in describing a medical condition, I would probably wonder if I had the right expert. A good professional not only knows the jargon, but can also explain it to a layman32. Therefore, show your expertise33. Use the jargon when necessary, but explain it when you use it.

  Repeat yourself only when repetition is necessary to improve clarity or to emphasize a point. Ambiguity34 can created by saying the same thing more than once; it is almost impossible to say it twice without creating ambiguity.

  When explaining a difficult concept, describe it from three directions. The only time repetition is helpful is when explaining a difficult concept. Each time you explain it you can make it a little more clear if you describe it from a different direction, perspective or point of view.

  Write in active tense, rather than passive. Active tense is interesting; passive is boring. Active tense sentences are shorter and use words more efficiently35, and their meaning is more apparent.

  Watch where you place modifiers. When adding a modifier like "active" before a compound of nouns like "termites36 and organisms," be sure to clarify whether you intend the modifier to apply to both nouns or just the first one. If you intend it to apply to both, use parallel construction and write the modifier in front of each noun. If you intend it to apply to just one noun, place that one noun at the end of the list and the modifier directly in front of it.

  Write numbers as both words and numerals: ten (10). This will reduce the chance for errors. The Associated Press reported on 18 June 1999, that a comma in the wrong place of a sales contract cost Lockheed Martin Corp. $70 million: "An international contract for the U.S.-based aerospace37 group's C-130J Hercules had the comma misplaced by one decimal point in the equation that adjusted the sales price for changes to the inflation rate." Perhaps writing out the number would have saved the day.

  When you write "including" consider adding "but not limited to." Unless you intend the list to be all-inclusive, you had better clarify your intent that it is merely an example.

  Don't be creative with words. Legal letter writing is not creative writing and is not meant to provoke reflective thoughts or controversies38 about nuances of meaning. Legal writing is clear, direct and precise. Therefore, use common words and common meanings.

  Be consistent in using words. If you refer to the subject matter of a sales contract as "goods" use that term throughout the letter; do not alternately call them "goods" and "items." Maintaining consistency39 is more important than avoiding repetition.

  Be consistent in grammar and punctuation40. Don't rely on the rules of grammar. The rules of grammar that you learned in school are not universal. The readers of your letter may have learned different rules. Write the letter so that no matter what rules they learned the letter is clear and unambiguous.

  Be consistent in your use of grammar. Be aware of such things as where you put ending quote marks, whether you place commas after years and states, and similar variations in style. Many rules of grammar are a matter of choice, but your choice should be internally consistent within the letter.

  Define a word by capitalizing it and putting it in quotes. Capitalizing a word indicates that you intend it to have a special meaning. The following is a sample clause for defining a term:

  "Wherever used in this letter, the word "Goods" shall mean the goods that _________ agreed to purchase from _________ under the Contract."

  Define words when first used. Instead of writing a section of definitions at the beginning or end of a long letter, consider defining terms and concepts as they appear in the letter. This will make it easier for the reader to follow.

  Avoid needless and flowery words. Think of elementary school when you had to reduce fractions to the "lowest common denominator." That's what good writing is all about. A letter written for the lowest common denominator is understood by every reader. Eliminate needless words. Avoid flowery words.

  Be direct and frank. There is no sense beating around the bush in legal letter writing. Just say what you mean. If you leave the reader wondering what you mean, your letter will only stir the imagination instead of prompting some action.

  Study The Elements of Style. The full text of the 1918 classic by William Strunk is now available on Columbia's Internet site at http://www.columbia.edu/acis/bartleby/strunk. This means that even if you left your copy on your bedstand at home, you can quickly go online and search the full text of The Elements of Style, where you will find these simple rules among others (as you can see, I am a old student of this text):

  "Make the paragraph the unit of composition: one paragraph to each topic."

  "As a rule, begin each paragraph with a topic sentence; end it in conformity41 with the beginning."

  "Use the active voice."

  "Put statements in positive form."

  "Omit needless words."

  "Avoid a succession of loose sentences."

  "Express co-ordinate ideas in similar form."

  "Keep related words together."

  "In summaries, keep to one tense."

  "Place the emphatic42 words of a sentence at the end."

  Cleaning Up

  Now that you have the letter written, it's time to do some cleanup work before you hit the send button.

  Let your secretary or paralegal read it. Not only will your staff frequently find spelling and grammar errors missed by your word processor's spell checker, but they will find inconsistencies and confusing areas that you missed when drafting.

  Number every page of the letter, and staple43 the letter. If the letter is more than one page long, then it is important to number the pages because they will invariably get out of order. Place the following at the top left corner of each page after the first:

  Recipient's name _________

  Date _________

  Page _________

  Sign the letter in blue ink, not black ink. This will make it easier to differentiate44 the signed original letter from photocopies45, and it will make it more difficult for someone to change your letter after you send it.

  Computerized Letter Writing Tips

  My wife Cathy said I have to put this way at the end here because this article is about letter writing and not computers. She thinks I love wrestling with computers as much as I love playing with words. She's right. In my first three drafts this section was on page one.

  But I think anyone who likes to play with words should play with them on a computer. That's where they really dance. And when you've written 31,250 letters, as my earlier calculations indicate I may have written in my practice so far, a fourth of them before I started writing letters on computer in 1980, you really begin to appreciate the ability to cut and paste text from prior letters. So here are my tips for anyone still around willing to listen.

  Write your own letters on a computer. If you have not yet joined the computer revolution, do it now. Get a computer for no other reason than writing letters. You will never again find yourself explaining to your client why the letter you dictated47 three days ago has not been mailed yet.

  Get Microsoft Word or Corel WordPerfect. You will need good word processing software. The latest versions are Microsoft Word 2000 and Corel WordPerfect 2000. I have both, but I still use Wordperfect 5.1 for DOS for 99% of my work. My fingers know the special codes so well that it's faster for me to write in this older program. I can still convert the file format to any other one using one of the new 2000 programs which can read the old 5.1 files.

  Get voice recognition software if you cannot type. If you never learned to touch type, there is finally reliable software to do it for you. Voice recognition software allows you to dictate46 directly to your computer. The software is so good that WordPerfect 2000 is sold in a bundle with one brand. You can also purchase this software with an optional hand-held recorder so that you can dictate the old-fashioned way and then transfer it to your computer to transcribe48. The two most-advertised brands of software are Dragon Naturally Speaking and L&H VoiceXpress.

  Set up a separate directory for each client. If you create a directory (folder49) on your computer for every client, you can keep all letters, documents and work for that client in one easy-to-find place, just like your paper file folder. The client's last name can be used as the directory name. Thus, all letters, wills, contracts, spreadsheets, etc., for John Doe can be kept on your computer's directory named DOE.

  Keep all letters in one computer file. Just as you keep copies of all letters in a paper file folder, you should keep copies of all letters on your computer in the directory for that client. The easiest way to do this is not to start a separate computer file for each letter sent to someone. Instead you just add the new letter to the existing computer file containing other letters to that person. I find that it works best to add new letters at the top of old letters, rather than at the bottom. Then your computer file is like a paper folder since new letters are added at the top where you see them first. This is easy to do on your computer: you just start a new page at the top of the existing letter and write the new letter there.

  Name letters to clients LETTERCL and name letters to non-clients with the recipient's last name. If you name the file with the recipient's last name, you can easily find the letter later when you want to read it on your computer without having to pull the file. For example, a letter to non-client Mary Smith would be given the computer file name SMITH. The only exception is that I name all letters to my clients LETTERCL rather than the client's last name because their computer directory is already named their last name. I also do this because it saves me time finding the file if the client is a corporation or there are multiple clients.

  Copy text from prior letters. More than half the letters you write are not first letters to a recipient, but are follow-up letters that either remind the recipient of pending50 work to be done or continue discussion of a matter previously51 opened. The other half have at least one thing in common: the letter's opening with the recipient's name and address and the closing with your name. There is no need to retype all of this text in your new letter. Using block and copy (cut and paste) commands you can easily copy the recipient's name and address and usable text from a prior letter into your new letter. You can then modify that text to fit the current message. I even have macros that do the repetitive stuff for me.

  Print the envelope from the letter. Before we had a computer, we had a lot of errors in typing envelopes and mailing labels. Then when a client called to tell us the error, we would look at the letter and tell them we sent it to the correct address, only to be told that the envelope had a different address. This can easily be avoided by using the envelope printing features of word processing software, which takes the address right off the letter so that you know the letter and envelope will have the same address.

  Back up as you write. As wonderful as computers are, they are still powered by electricity, and when it goes off, the words disappear from the screen and if they have not been saved they disappear forever. The first time you lose an hour of work you get a backup device of some type. The second time you lose an hour of work you actually start to use the backup device. My recommendation for backing up is this:

  Hit the save button frequently while writing the letter.

  If the letter is long, print hard copies of the letter frequently while writing it.

  Copy all your work to a backup device at the end of every day.

  Conclusion

  Letters serve many purposes: advising clients, seeking compliance, sending documents, obtaining information. All letters benefit from clear writing and simple organization. Lawyers who write direct and concise52 letters to nonlawyers are more likely to achieve successful results.

  Writing letters is no different from other lawyering skills. The demand letter that the recipient cannot understand is no more effective than a shouting match. If you want a shouting match, then by all means write long letters with big words that no one understands. But if compliance is what you really want, then writing a letter that the recipient understands is really the order of the day.

  附录一:SAMPLE CONTRACT ADVICE LETTER

  ? Copyright 1999 by James W. Martin All rights reserved.

  St. Petersburg, Florida

  Note: This article is for background purposes only and is not intended as legal advice.

--------------------------------------------------------------------------------

  [Letterhead]

  [Date_________]

  CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION

  DO NOT COPY OR DISCLOSE TO ANYONE ELSE

  [Client_________]

  [Address_________]

  Re: [Client/Matter_________]

  Dear _________:

  Enclosed are copies of the following that I received yesterday:

  Letter from [Name_________] dated _________

  Draft of [Title_________] Contract

  Schedule A to Contract

  Schedule B to Contract

  The following are my comments concerning these documents:

  Read the Documents. I strongly advise that you read each of these documents. I have read them, and this letter sets forth my thoughts, but you may think of other questions when you read them. You have special knowledge about your business that I do not have, and your special knowledge may lead you to see potential problems in these documents that I could not see. So, please read these documents, jot down questions while you read them, and then call me to discuss them.

  Term. The Term seems to me to be rather short. Perhaps the Term should be longer.

  Price. The Price is not clearly defined. The Contract refers to unit price but does not define what is a unit.

  [Etc.]

  Please call me after you read this letter and its enclosures.

  Very truly yours,

  [Lawyer _________]

  Enclosures

  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

  附录二:SAMPLE CONTRACT NEGOTIATION LETTER

  ? Copyright 1999 by James W. Martin All rights reserved.

  St. Petersburg, Florida

  Note: This article is for background purposes only and is not intended as legal advice.

--------------------------------------------------------------------------------

  [Letterhead]

  [Date_________]

  [Name_________]

  [Address_________]

  Re: [Client/Matter_________]

  Dear _________:

  This confirms that I received your [Date_________] letter and its enclosed draft of the [Title_________] Contract. I have read the draft, discussed it with my client [Client_________], and have the following initial comments that we will need to resolve before we can move ahead with negotiating the finer points of the Contract:

  Term. The Term would need to be at least _________ years before my client could seriously consider entering into the Contract.

  Unit Price. The Unit Price would need to be at least $_________ before my client could consider the Contract financially feasible.

  Controlling Law. My client does business only in the State of Florida and does not desire to engage a lawyer in [State_________], so the Contract will need to provide that Florida law controls.

  Publicity53. My client requests that the last sentence of paragraph 3 on page 2 of the Contract be changed to read as follows: _________.

  Please discuss these points with your client and let me know if your client is willing to pursue negotiation of a Contract along these lines.

  Very truly yours,

  [Lawyer _________]

  cc: [Client_________]

  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

  附录三:SAMPLE COVER LETTER

  ? Copyright 1999 by James W. Martin All rights reserved.

  St. Petersburg, Florida

  Note: This article is for background purposes only and is not intended as legal advice.

--------------------------------------------------------------------------------

  [Letterhead]

  [Date_________]

  CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION

  [Client_________]

  [Address_________]

  Re: Estate Plan

  Dear Mr. and Mrs. _________:

  Enclosed are drafts of the following documents per my meeting with you on [Date_________]:

  Mr. _________:

  _________ TRUST with Schedules A and B

  Last Will and Testament54

  Certificate of Trust Provisions

  Transfer of Tangible55 Personal Property to Trust

  General Durable56 Power of Attorney

  Living Will

  Designation of Health Care Surrogate

  Declaration of Preneed Guardian57

  Declaration of Preneed Guardian for Minor58

  Asset Transfer List

  Account Transfer Letter

  Securities Transfer Letter

  Mrs. _________:

  _________ TRUST with Schedules A and B

  Last Will and Testament

  Certificate of Trust Provisions

  Transfer of Tangible Personal Property to Trust

  General Durable Power of Attorney

  Living Will

  Designation of Health Care Surrogate

  Declaration of Preneed Guardian

  Declaration of Preneed Guardian for Minor

  Asset Transfer List

  Account Transfer Letter

  Securities Transfer Letter

  Both:

  Tenancy by the Entirety Agreement

  Please read these drafts carefully and call me when you are ready to discuss or sign them in my office. Please consider the following:

  Joint59 Representation. I am representing both of you in preparing the above documents. If a controversy60 ever develops between the two of you concerning these documents, I would not be able to represent either of you in that controversy.

  No Other Children. The documents were drafted with the understanding that only your children _________ and _________ are to be beneficiaries because you do not plan to have any more children naturally or by adoption61.

  Florida Residency. The enclosed documents are specifically for Florida residents. If you ever move out of Florida, I advise that you see a lawyer in that state and make new wills and related documents because all fifty states' laws differ. For example, Vermont and Louisiana require more than two witnesses for a will to be valid62, so the enclosed wills might not be valid if you reside in Vermont or Louisiana at the time of your death.

  No Unified63 Credit Trusts. You could take advantage of the unified credit for estate and gift taxes in a number of ways. This credit allows passing $_________ (increasing to $1,000,000 by 2006) in assets by each of you without estate or gift taxes. However, at the present time, you have decided64 not to create any trusts that would take advantage of the unified credit.

  Tenancy by the Entirety. You plan to hold some of your assets in your joint names as tenants65 by the entirety. Florida recognizes this for both real property and personal property, but it is important that you designate this on your title

  documents as follows:

  _________ AND _________, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETY

  Car Titles and Insurance. I advised that each of your cars be owned only by the principal driver. Florida's dangerous instrumentality doctrine66 holds all owners liable along with the driver. I also advised that you carry an umbrella liability insurance policy with coverage67 limit of One Million Dollars or more. You should also carry uninsured motorist coverage in this amount (it would pay you if you were injured by an uninsured motorist). All of these ideas are intended to reduce the possibility of your losing your estate through unexpected claims.

  FDIC Limits. We discussed the importance of your continuing not to place more than $100,000 in any bank since you should not count on the FDIC protecting more than this amount no matter how the accounts are titled.

  Prior Wills. When you come in to sign the final documents, please bring in your prior wills so that they can be torn up AFTER the new ones are signed.

  Scope of Representation. The scope of my representation does not include advice or services regarding the following: accounting68, tax, financial, business, management, and related non-legal matters and advice (I advise that you engage a CPA, tax attorney or business consultant69 to advise you regarding these matters); title searches, surveys, inspections70 and other non-legal work relating to real estate (I advise that you engage a title insurance company, abstractor, surveyor or other licensed71 professional to provide you these services); securities, labor72 and other legal matters not handled by this firm (I advise that you engage a lawyer who specializes in these matters if you need such advice). I would be happy to refer you to others who may provide you these services.

  Legal Fees. Fees for estate planning are based on the amount of time spent, the complexity73 and skill required, and similar factors, at hourly rates of $_________ for myself and $_________ for my paralegal. You will also pay for such costs as copies, postage, long distance, fax, recording, FedEx, courier, etc. I gave you my Resume at the initial conference, and it explains how I bill for services. If you have any questions, please do not hesitate to call.

  Florida Wills, Trusts & Probate Questions and Answers. I gave you a copy of this article before the initial conference. If you have any questions about these concepts, please ask them now.

  I appreciate your trust and confidence in asking me to assist you. I will endeavor to do my best for you at all times. Please call me after you review the enclosed documents. Thank you.

  Very truly yours,

  [Lawyer _________]

  Enclosures

  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

  附录四:SAMPLE DEMAND LETTER

  ? Copyright 1999 by James W. Martin All rights reserved.

  St. Petersburg, Florida

  Note: This article is for background purposes only and is not intended as legal advice.

--------------------------------------------------------------------------------

  [Letterhead]

  [Date_________]

  [Name_________]

  [Address_________]

  By fax to [Fax #_________]; phone [Phone #_________]

  And by FedEx Priority Overnight

  And by email to [Email address _________]

  And by U.S. Registered Mail Return Receipt Requested

  Re: Client

  Dear _________:

  This office represents [Client_________]. It has come to our attention that you are building and operating stores having trade dress confusingly similar to the stores of our client. You have copied the following elements of our client's trade dress, among others: _________.

  This letter is formal notice that your use is an infringement74 of our client's trade dress rights under Section 43(a) of the Lanham Act, 15 U.S.C. ?125(a). Two Pesos, Inc. v. Taco Cabana, Inc., 60 U.S.L.W. 4762 (1992 WL 141119 (U.S.)). Our client also claims copyright in its store design, which copyright you have also infringed75. We have reason to believe that your infringement is intentional76 and deliberate and that you are attempting to copy our client's business by copying its trade dress and store design.

  Our client hereby demands that you immediately do the following:

  Cease and desist building and operating stores having trade dress similar to [Client_________] stores;Cease and desist any and all other violations77 of the Lanham Act and the copyright laws; and

  Remove and destroy all elements of our client's trade dress and store design from your stores.

  If you fail to comply with this demand, our client may seek relief in court for an injunction and damages. Judicial78 relief includes, but is not limited to: destruction of the infringing79 articles under 15 U.S.C. ?118; treble damages, your profits, any damages sustained by our client, court costs and attorneys fees under 15 U.S.C. ?117; injunction under 15 U.S.C. ?116;

  injunction and damages under the copyright laws. Our clients reserves all rights it may have. Our client neither waives80 nor abandons its right by sending you this demand letter prior to filing suit.

  Please confirm in writing to this office that you will comply with this letter within one week of its receipt.

  Very truly yours,

  [Lawyer _________]

  cc: [Client_________]

  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

  附录五:SAMPLE ENGAGEMENT LETTER

  ? Copyright 1999 by James W. Martin All rights reserved.

  St. Petersburg, Florida

  Note: This article is for background purposes only and is not intended as legal advice.

--------------------------------------------------------------------------------

  [Letterhead]

  [Date_________]

  CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION

  [New client's name_________]

  [Address_________]

  Re: Legal Representation

  Dear _________:

  This will confirm that you have retained me to represent your interest in connection with _________.

  The scope of representation is as follows: _________.

  You are going to furnish me copies of the following documents before I start working: _________.

  I will begin work as soon as I receive a fee retainer of $_________ from you. The retainer will be deposited to my trust account and will be applied81 toward fees and costs as earned and incurred82. As that retainer is used up, additional retainers will be billed to continue the work.

  Fees are based on the amount of time spent at hourly rates of $_________ for me and $_________ for my paralegal. You will also pay for such costs as copies, postage, fax, long distance, recording, FedEx, courier, etc. Enclosed is my resume, which I gave you at the initial conference and which explains how I bill for my services. If you have any questions, please do not hesitate to call.

  The range of fees for this work will vary with the amount of time it takes. I estimate that fees will be a minimum of $_________. [optional: It is not possible at this time to estimate how much more they may be, but I should know more once the suit is filed and the defendant83 is served and responds.]

  Please note that the scope of my representation does not include advice or services regarding the following: accounting, tax, financial, business, management, and related non-legal matters and advice (I advise that you engage a CPA, tax attorney or business consultant to advise you regarding these matters); title searches, surveys, inspections and other non-legal work relating to real estate (I advise that you engage a title insurance company, abstractor, surveyor or other licensed professional to provide you these services); securities, labor, and other legal matters not handled by this firm (I advise that you engage a lawyer who specializes in these matters if you need such advice). I would be happy to refer you to others who may provide you these services.

  I appreciate your trust and confidence in asking me to assist you. I will endeavor to do my best for you at all times.

  Very truly yours,

  [Lawyer_________]

  Enclosures

  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

  附录六:Sample Fax Letter

  [Letterhead]

  NOTICE: This is privileged and confidential and intended only for the person named below. If you are not that person, then any use, dissemination, distribution or copying of this is strictly prohibited, and you are requested to notify us immediately by calling or faxing us collect at the numbers above.

  No. of Pages _________

  Date Sent _________________________ Time Sent _______________ Person Who Conf'd Receipt _________

  [Date_________]

  [Client_________]

  [Address_________]

  Re: [Client/Matter_________]

  Dear _________:

  [Body_________]

  Very truly yours,

  [Lawyer _________]

  cc: [Client_________]



点击收听单词发音收听单词发音  

1 imminent zc9z2     
adj.即将发生的,临近的,逼近的
参考例句:
  • The black clounds show that a storm is imminent.乌云预示暴风雨即将来临。
  • The country is in imminent danger.国难当头。
2 analyzed 483f1acae53789fbee273a644fdcda80     
v.分析( analyze的过去式和过去分词 );分解;解释;对…进行心理分析
参考例句:
  • The doctors analyzed the blood sample for anemia. 医生们分析了贫血的血样。 来自《简明英汉词典》
  • The young man did not analyze the process of his captivation and enrapturement, for love to him was a mystery and could not be analyzed. 这年轻人没有分析自己蛊惑著迷的过程,因为对他来说,爱是个不可分析的迷。 来自《简明英汉词典》
3 compliance ZXyzX     
n.顺从;服从;附和;屈从
参考例句:
  • I was surprised by his compliance with these terms.我对他竟然依从了这些条件而感到吃惊。
  • She gave up the idea in compliance with his desire.她顺从他的愿望而放弃自己的主意。
4 ethics Dt3zbI     
n.伦理学;伦理观,道德标准
参考例句:
  • The ethics of his profession don't permit him to do that.他的职业道德不允许他那样做。
  • Personal ethics and professional ethics sometimes conflict.个人道德和职业道德有时会相互抵触。
5 pro tk3zvX     
n.赞成,赞成的意见,赞成者
参考例句:
  • The two debating teams argued the question pro and con.辩论的两组从赞成与反对两方面辩这一问题。
  • Are you pro or con nuclear disarmament?你是赞成还是反对核裁军?
6 promptly LRMxm     
adv.及时地,敏捷地
参考例句:
  • He paid the money back promptly.他立即还了钱。
  • She promptly seized the opportunity his absence gave her.她立即抓住了因他不在场给她创造的机会。
7 format giJxb     
n.设计,版式;[计算机]格式,DOS命令:格式化(磁盘),用于空盘或使用过的磁盘建立新空盘来存储数据;v.使格式化,设计,安排
参考例句:
  • Please format this floppy disc.请将这张软盘格式化。
  • The format of the figure is very tasteful.该图表的格式很雅致。
8 negotiation FGWxc     
n.谈判,协商
参考例句:
  • They closed the deal in sugar after a week of negotiation.经过一星期的谈判,他们的食糖生意成交了。
  • The negotiation dragged on until July.谈判一直拖到7月份。
9 recipient QA8zF     
a.接受的,感受性强的 n.接受者,感受者,容器
参考例句:
  • Please check that you have a valid email certificate for each recipient. 请检查是否对每个接收者都有有效的电子邮件证书。
  • Colombia is the biggest U . S aid recipient in Latin America. 哥伦比亚是美国在拉丁美洲最大的援助对象。
10 remains 1kMzTy     
n.剩余物,残留物;遗体,遗迹
参考例句:
  • He ate the remains of food hungrily.他狼吞虎咽地吃剩余的食物。
  • The remains of the meal were fed to the dog.残羹剩饭喂狗了。
11 dictating 9b59a64fc77acba89b2fa4a927b010fe     
v.大声讲或读( dictate的现在分词 );口授;支配;摆布
参考例句:
  • The manager was dictating a letter to the secretary. 经理在向秘书口授信稿。 来自辞典例句
  • Her face is impassive as she listens to Miller dictating the warrant for her arrest. 她毫无表情地在听米勒口述拘留她的证书。 来自辞典例句
12 jot X3Cx3     
n.少量;vi.草草记下;vt.匆匆写下
参考例句:
  • I'll jot down their address before I forget it.我得赶快把他们的地址写下来,免得忘了。
  • There is not a jot of evidence to say it does them any good.没有丝毫的证据显示这对他们有任何好处。
13 forth Hzdz2     
adv.向前;向外,往外
参考例句:
  • The wind moved the trees gently back and forth.风吹得树轻轻地来回摇晃。
  • He gave forth a series of works in rapid succession.他很快连续发表了一系列的作品。
14 confidential MOKzA     
adj.秘(机)密的,表示信任的,担任机密工作的
参考例句:
  • He refused to allow his secretary to handle confidential letters.他不让秘书处理机密文件。
  • We have a confidential exchange of views.我们推心置腹地交换意见。
15 confidentiality 7Y2yc     
n.秘而不宣,保密
参考例句:
  • They signed a confidentiality agreement. 他们签署了一份保守机密的协议。
  • Cryptography is the foundation of supporting authentication, integrality and confidentiality. 而密码学是支持认证、完整性和机密性机制的基础。
16 anticipation iMTyh     
n.预期,预料,期望
参考例句:
  • We waited at the station in anticipation of her arrival.我们在车站等着,期待她的到来。
  • The animals grew restless as if in anticipation of an earthquake.各种动物都变得焦躁不安,像是感到了地震即将发生。
17 dissemination dissemination     
传播,宣传,传染(病毒)
参考例句:
  • The dissemination of error does people great harm. 谬种流传,误人不浅。
  • He was fully bent upon the dissemination of Chinese culture all over the world. 他一心致力于向全世界传播中国文化。
18 strictly GtNwe     
adv.严厉地,严格地;严密地
参考例句:
  • His doctor is dieting him strictly.他的医生严格规定他的饮食。
  • The guests were seated strictly in order of precedence.客人严格按照地位高低就座。
19 ethical diIz4     
adj.伦理的,道德的,合乎道德的
参考例句:
  • It is necessary to get the youth to have a high ethical concept.必须使青年具有高度的道德观念。
  • It was a debate which aroused fervent ethical arguments.那是一场引发强烈的伦理道德争论的辩论。
20 dealing NvjzWP     
n.经商方法,待人态度
参考例句:
  • This store has an excellent reputation for fair dealing.该商店因买卖公道而享有极高的声誉。
  • His fair dealing earned our confidence.他的诚实的行为获得我们的信任。
21 disinterested vu4z6s     
adj.不关心的,不感兴趣的
参考例句:
  • He is impartial and disinterested.他公正无私。
  • He's always on the make,I have never known him do a disinterested action.他这个人一贯都是唯利是图,我从来不知道他有什么无私的行动。
22 lengthy f36yA     
adj.漫长的,冗长的
参考例句:
  • We devoted a lengthy and full discussion to this topic.我们对这个题目进行了长时间的充分讨论。
  • The professor wrote a lengthy book on Napoleon.教授写了一部有关拿破仑的巨著。
23 ascertain WNVyN     
vt.发现,确定,查明,弄清
参考例句:
  • It's difficult to ascertain the coal deposits.煤储量很难探明。
  • We must ascertain the responsibility in light of different situtations.我们必须根据不同情况判定责任。
24 recording UktzJj     
n.录音,记录
参考例句:
  • How long will the recording of the song take?录下这首歌得花多少时间?
  • I want to play you a recording of the rehearsal.我想给你放一下彩排的录像。
25 specified ZhezwZ     
adj.特定的
参考例句:
  • The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。
  • It is generated by some specified means. 这是由某些未加说明的方法产生的。
26 warranty 3gwww     
n.担保书,证书,保单
参考例句:
  • This warranty is good for one year after the date of the purchase of the product.本保证书自购置此产品之日起有效期为一年。
  • As your guarantor,we have signed a warranty to the bank.作为你们的担保人,我们已经向银行开出了担保书。
27 fully Gfuzd     
adv.完全地,全部地,彻底地;充分地
参考例句:
  • The doctor asked me to breathe in,then to breathe out fully.医生让我先吸气,然后全部呼出。
  • They soon became fully integrated into the local community.他们很快就完全融入了当地人的圈子。
28 rendering oV5xD     
n.表现,描写
参考例句:
  • She gave a splendid rendering of Beethoven's piano sonata.她精彩地演奏了贝多芬的钢琴奏鸣曲。
  • His narrative is a super rendering of dialect speech and idiom.他的叙述是方言和土语最成功的运用。
29 statutes 2e67695e587bd14afa1655b870b4c16e     
成文法( statute的名词复数 ); 法令; 法规; 章程
参考例句:
  • The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法
  • Each agency is also restricted by the particular statutes governing its activities. 各个机构的行为也受具体法令限制。 来自英汉非文学 - 环境法 - 环境法
30 denning aacb9ba9ad401be7ace6a37a302ef6d0     
vi.穴居(den的现在分词形式)
参考例句:
  • From now on, Dorothy Denning's IDES model was come into being. 在这之后,桃乐茜·顿宁(Dorothy Denning)的IDES(入侵检测专家系统)模型产生了。 来自互联网
31 jargon I3sxk     
n.术语,行话
参考例句:
  • They will not hear critics with their horrible jargon.他们不愿意听到评论家们那些可怕的行话。
  • It is important not to be overawed by the mathematical jargon.要紧的是不要被数学的术语所吓倒.
32 layman T3wy6     
n.俗人,门外汉,凡人
参考例句:
  • These technical terms are difficult for the layman to understand.这些专门术语是外行人难以理解的。
  • He is a layman in politics.他对政治是个门外汉。
33 expertise fmTx0     
n.专门知识(或技能等),专长
参考例句:
  • We were amazed at his expertise on the ski slopes.他斜坡滑雪的技能使我们赞叹不已。
  • You really have the technical expertise in a new breakthrough.让你真正在专业技术上有一个全新的突破。
34 ambiguity 9xWzT     
n.模棱两可;意义不明确
参考例句:
  • The telegram was misunderstood because of its ambiguity.由于电文意义不明确而造成了误解。
  • Her answer was above all ambiguity.她的回答毫不含糊。
35 efficiently ZuTzXQ     
adv.高效率地,有能力地
参考例句:
  • The worker oils the machine to operate it more efficiently.工人给机器上油以使机器运转更有效。
  • Local authorities have to learn to allocate resources efficiently.地方政府必须学会有效地分配资源。
36 termites 8ee357110f82dc8b267190e430924662     
n.白蚁( termite的名词复数 )
参考例句:
  • Termites are principally tropical in distribution. 白蚁主要分布在热带地区。 来自辞典例句
  • This spray will exterminate the termites. 这种喷剂能消灭白蚁。 来自辞典例句
37 aerospace CK2yf     
adj.航空的,宇宙航行的
参考例句:
  • The world's entire aerospace industry is feeling the chill winds of recession.全世界的航空航天工业都感受到了经济衰退的寒意。
  • Edward Murphy was an aerospace engineer for the US Army.爱德华·墨菲是一名美军的航宇工程师。
38 controversies 31fd3392f2183396a23567b5207d930c     
争论
参考例句:
  • We offer no comment on these controversies here. 对于这些争议,我们在这里不作任何评论。 来自英汉非文学 - 历史
  • The controversies surrounding population growth are unlikely to subside soon. 围绕着人口增长问题的争论看来不会很快平息。 来自辞典例句
39 consistency IY2yT     
n.一贯性,前后一致,稳定性;(液体的)浓度
参考例句:
  • Your behaviour lacks consistency.你的行为缺乏一贯性。
  • We appreciate the consistency and stability in China and in Chinese politics.我们赞赏中国及其政策的连续性和稳定性。
40 punctuation 3Sbxk     
n.标点符号,标点法
参考例句:
  • My son's punctuation is terrible.我儿子的标点符号很糟糕。
  • A piece of writing without any punctuation is difficult to understand.一篇没有任何标点符号的文章是很难懂的。
41 conformity Hpuz9     
n.一致,遵从,顺从
参考例句:
  • Was his action in conformity with the law?他的行动是否合法?
  • The plan was made in conformity with his views.计划仍按他的意见制定。
42 emphatic 0P1zA     
adj.强调的,着重的;无可置疑的,明显的
参考例句:
  • Their reply was too emphatic for anyone to doubt them.他们的回答很坚决,不容有任何人怀疑。
  • He was emphatic about the importance of being punctual.他强调严守时间的重要性。
43 staple fGkze     
n.主要产物,常用品,主要要素,原料,订书钉,钩环;adj.主要的,重要的;vt.分类
参考例句:
  • Tea is the staple crop here.本地产品以茶叶为大宗。
  • Potatoes are the staple of their diet.土豆是他们的主要食品。
44 differentiate cm3yc     
vi.(between)区分;vt.区别;使不同
参考例句:
  • You can differentiate between the houses by the shape of their chimneys.你可以凭借烟囱形状的不同来区分这两幢房子。
  • He never learned to differentiate between good and evil.他从未学会分辨善恶。
45 photocopies daaea05efcdbfc28dc1b5d7b176a0b3b     
n.影印本( photocopy的名词复数 );复印件
参考例句:
  • Make as many photocopies as you need. 你需要多少复印件就复印多少吧。
  • I made two photocopies of the report. 我把这份报告影印了两份。 来自《简明英汉词典》
46 dictate fvGxN     
v.口授;(使)听写;指令,指示,命令
参考例句:
  • It took him a long time to dictate this letter.口述这封信花了他很长时间。
  • What right have you to dictate to others?你有什么资格向别人发号施令?
47 dictated aa4dc65f69c81352fa034c36d66908ec     
v.大声讲或读( dictate的过去式和过去分词 );口授;支配;摆布
参考例句:
  • He dictated a letter to his secretary. 他向秘书口授信稿。
  • No person of a strong character likes to be dictated to. 没有一个个性强的人愿受人使唤。 来自《简明英汉词典》
48 transcribe tntwJ     
v.抄写,誉写;改编(乐曲);复制,转录
参考例句:
  • We need volunteers to transcribe this manuscript.我们需要自愿者来抄写这个文稿。
  • I am able to take dictation in English and transcribe them rapidly into Chinese.我会英文记录,还能立即将其改写成中文。
49 folder KjixL     
n.纸夹,文件夹
参考例句:
  • Peter returned the plan and charts to their folder.彼得把这份计划和表格放回文件夹中。
  • He draws the document from its folder.他把文件从硬纸夹里抽出来。
50 pending uMFxw     
prep.直到,等待…期间;adj.待定的;迫近的
参考例句:
  • The lawsuit is still pending in the state court.这案子仍在州法庭等待定夺。
  • He knew my examination was pending.他知道我就要考试了。
51 previously bkzzzC     
adv.以前,先前(地)
参考例句:
  • The bicycle tyre blew out at a previously damaged point.自行车胎在以前损坏过的地方又爆开了。
  • Let me digress for a moment and explain what had happened previously.让我岔开一会儿,解释原先发生了什么。
52 concise dY5yx     
adj.简洁的,简明的
参考例句:
  • The explanation in this dictionary is concise and to the point.这部词典里的释义简明扼要。
  • I gave a concise answer about this.我对于此事给了一个简要的答复。
53 publicity ASmxx     
n.众所周知,闻名;宣传,广告
参考例句:
  • The singer star's marriage got a lot of publicity.这位歌星的婚事引起了公众的关注。
  • He dismissed the event as just a publicity gimmick.他不理会这件事,只当它是一种宣传手法。
54 testament yyEzf     
n.遗嘱;证明
参考例句:
  • This is his last will and testament.这是他的遗愿和遗嘱。
  • It is a testament to the power of political mythology.这说明,编造政治神话可以产生多大的威力。
55 tangible 4IHzo     
adj.有形的,可触摸的,确凿的,实际的
参考例句:
  • The policy has not yet brought any tangible benefits.这项政策还没有带来任何实质性的好处。
  • There is no tangible proof.没有确凿的证据。
56 durable frox4     
adj.持久的,耐久的
参考例句:
  • This raincoat is made of very durable material.这件雨衣是用非常耐用的料子做的。
  • They frequently require more major durable purchases.他们经常需要购买耐用消费品。
57 guardian 8ekxv     
n.监护人;守卫者,保护者
参考例句:
  • The form must be signed by the child's parents or guardian. 这张表格须由孩子的家长或监护人签字。
  • The press is a guardian of the public weal. 报刊是公共福利的卫护者。
58 minor e7fzR     
adj.较小(少)的,较次要的;n.辅修学科;vi.辅修
参考例句:
  • The young actor was given a minor part in the new play.年轻的男演员在这出新戏里被分派担任一个小角色。
  • I gave him a minor share of my wealth.我把小部分财产给了他。
59 joint m3lx4     
adj.联合的,共同的;n.关节,接合处;v.连接,贴合
参考例句:
  • I had a bad fall,which put my shoulder out of joint.我重重地摔了一跤,肩膀脫臼了。
  • We wrote a letter in joint names.我们联名写了封信。
60 controversy 6Z9y0     
n.争论,辩论,争吵
参考例句:
  • That is a fact beyond controversy.那是一个无可争论的事实。
  • We ran the risk of becoming the butt of every controversy.我们要冒使自己在所有的纷争中都成为众矢之的的风险。
61 adoption UK7yu     
n.采用,采纳,通过;收养
参考例句:
  • An adoption agency had sent the boys to two different families.一个收养机构把他们送给两个不同的家庭。
  • The adoption of this policy would relieve them of a tremendous burden.采取这一政策会给他们解除一个巨大的负担。
62 valid eiCwm     
adj.有确实根据的;有效的;正当的,合法的
参考例句:
  • His claim to own the house is valid.他主张对此屋的所有权有效。
  • Do you have valid reasons for your absence?你的缺席有正当理由吗?
63 unified 40b03ccf3c2da88cc503272d1de3441c     
(unify 的过去式和过去分词); 统一的; 统一标准的; 一元化的
参考例句:
  • The teacher unified the answer of her pupil with hers. 老师核对了学生的答案。
  • The First Emperor of Qin unified China in 221 B.C. 秦始皇于公元前221年统一中国。
64 decided lvqzZd     
adj.决定了的,坚决的;明显的,明确的
参考例句:
  • This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
  • There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。
65 tenants 05662236fc7e630999509804dd634b69     
n.房客( tenant的名词复数 );佃户;占用者;占有者
参考例句:
  • A number of tenants have been evicted for not paying the rent. 许多房客因不付房租被赶了出来。
  • Tenants are jointly and severally liable for payment of the rent. 租金由承租人共同且分别承担。
66 doctrine Pkszt     
n.教义;主义;学说
参考例句:
  • He was impelled to proclaim his doctrine.他不得不宣扬他的教义。
  • The council met to consider changes to doctrine.宗教议会开会考虑更改教义。
67 coverage nvwz7v     
n.报导,保险范围,保险额,范围,覆盖
参考例句:
  • There's little coverage of foreign news in the newspaper.报纸上几乎没有国外新闻报道。
  • This is an insurance policy with extensive coverage.这是一项承保范围广泛的保险。
68 accounting nzSzsY     
n.会计,会计学,借贷对照表
参考例句:
  • A job fell vacant in the accounting department.财会部出现了一个空缺。
  • There's an accounting error in this entry.这笔账目里有差错。
69 consultant 2v0zp3     
n.顾问;会诊医师,专科医生
参考例句:
  • He is a consultant on law affairs to the mayor.他是市长的一个法律顾问。
  • Originally,Gar had agreed to come up as a consultant.原来,加尔只答应来充当我们的顾问。
70 inspections c445f9a2296d8835cd7d4a2da50fc5ca     
n.检查( inspection的名词复数 );检验;视察;检阅
参考例句:
  • Regular inspections are carried out at the prison. 经常有人来视察这座监狱。
  • Government inspections ensure a high degree of uniformity in the standard of service. 政府检查确保了在服务标准方面的高度一致。 来自《简明英汉词典》
71 licensed ipMzNI     
adj.得到许可的v.许可,颁发执照(license的过去式和过去分词)
参考例句:
  • The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
  • Is that gun licensed? 那支枪有持枪执照吗?
72 labor P9Tzs     
n.劳动,努力,工作,劳工;分娩;vi.劳动,努力,苦干;vt.详细分析;麻烦
参考例句:
  • We are never late in satisfying him for his labor.我们从不延误付给他劳动报酬。
  • He was completely spent after two weeks of hard labor.艰苦劳动两周后,他已经疲惫不堪了。
73 complexity KO9z3     
n.复杂(性),复杂的事物
参考例句:
  • Only now did he understand the full complexity of the problem.直到现在他才明白这一问题的全部复杂性。
  • The complexity of the road map puzzled me.错综复杂的公路图把我搞糊涂了。
74 infringement nbvz3     
n.违反;侵权
参考例句:
  • Infringement of this regulation would automatically rule you out of the championship.违背这一规则会被自动取消参加锦标赛的资格。
  • The committee ruled that the US ban constituted an infringement of free trade.委员会裁定美国的禁令对自由贸易构成了侵犯
75 infringed dcbf74ba9f59f98b16436456ca618de0     
v.违反(规章等)( infringe的过去式和过去分词 );侵犯(某人的权利);侵害(某人的自由、权益等)
参考例句:
  • Wherever the troops went, they never infringed on the people's interests. 大军过处,秋毫无犯。 来自《现代汉英综合大词典》
  • He was arrested on a charge of having infringed the Election Law. 他因被指控触犯选举法而被拘捕。 来自《现代汉英综合大词典》
76 intentional 65Axb     
adj.故意的,有意(识)的
参考例句:
  • Let me assure you that it was not intentional.我向你保证那不是故意的。
  • His insult was intentional.他的侮辱是有意的。
77 violations 403b65677d39097086593415b650ca21     
违反( violation的名词复数 ); 冒犯; 违反(行为、事例); 强奸
参考例句:
  • This is one of the commonest traffic violations. 这是常见的违反交通规则之例。
  • These violations of the code must cease forthwith. 这些违犯法规的行为必须立即停止。
78 judicial c3fxD     
adj.司法的,法庭的,审判的,明断的,公正的
参考例句:
  • He is a man with a judicial mind.他是个公正的人。
  • Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。
79 infringing 9830a3397dcc37350ee4c468f7bfe45a     
v.违反(规章等)( infringe的现在分词 );侵犯(某人的权利);侵害(某人的自由、权益等)
参考例句:
  • The material can be copied without infringing copyright. 这份材料可以复制,不会侵犯版权。
  • The media is accused of infringing on people's privacy. 人们指责媒体侵犯了大家的隐私。 来自《简明英汉词典》
80 waives 3dc42ba6619cb696796fac2e888582eb     
v.宣布放弃( waive的第三人称单数 );搁置;推迟;放弃(权利、要求等)
参考例句:
  • The surety waives in writing the right provided in the preceding paragraph. (三)保证人以书面形式放弃前款规定的权利的。 来自互联网
  • In exchange, the tribe waives claim to similar water rights on non federal and private lands. 作为交换,部落放弃非联邦河私人土地上的类似水权。 来自互联网
81 applied Tz2zXA     
adj.应用的;v.应用,适用
参考例句:
  • She plans to take a course in applied linguistics.她打算学习应用语言学课程。
  • This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。
82 incurred a782097e79bccb0f289640bab05f0f6c     
[医]招致的,遭受的; incur的过去式
参考例句:
  • She had incurred the wrath of her father by marrying without his consent 她未经父亲同意就结婚,使父亲震怒。
  • We will reimburse any expenses incurred. 我们将付还所有相关费用。
83 defendant mYdzW     
n.被告;adj.处于被告地位的
参考例句:
  • The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
  • The defendant was borne down by the weight of evidence.有力的证据使被告认输了。
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