use of "hereinafter called" in legal docs

G-law

New Member
Jurisdiction
US Federal Law
If I use the phrase "hereinafter called" or "hereinafter referred to as" in a legal doc (and please let me know if there's any legal distinction between the two that I should know), MUST I always refer to the party or item by that reference for the remainder of the doc, or can I still also use the original name or term where that language feels appropriate?

I'm preparing a client waiver with "I, the undersigned (hereinafter called the "Client")..." Most places actually read best as "I understand...," "I agree...," etc. However, a few places do read best as "Client agrees..."

Do I ask for trouble if I mix and match, or if I use "hereinafter called..." and then only call it that a few times?
 
You need to speak to an attorney for assistance with the preparation of your legal document.


EDIT: With that said, and if you don't want to spend the money for an attorney, why bother shortening it at all? Just use their full name everywhere. Create a macro so you don't have to type it.
 
If I use the phrase "hereinafter called" or "hereinafter referred to as" in a legal doc (and please let me know if there's any legal distinction between the two that I should know), MUST I always refer to the party or item by that reference for the remainder of the doc, or can I still also use the original name or term where that language feels appropriate?

You do not have to keep referring to the person using the placeholder, though good practice would be to do that for consistency. The less you swap around references the less confusing you'll make it.

Note that using the word "hereinafter" is considered today to be archaic, outdated, and needlessly stuffy language in a legal document. Some lawyers (particularly older ones) still use it out of habit, but better drafting does away with that term. I've never used that word when drafting documents for clients in the over two decades I've been in practice.
 
I'm preparing a client waiver with "I, the undersigned (hereinafter called the "Client")..." Most places actually read best as "I understand...," "I agree...," etc. However, a few places do read best as "Client agrees..."


I suggest you also prepare to be sued mercilessly if you employ the "document" you are preparing.

Good luck. legal beagle.
 
If I use the phrase "hereinafter called" or "hereinafter referred to as" in a legal doc (and please let me know if there's any legal distinction between the two that I should know), MUST I always refer to the party or item by that reference for the remainder of the doc, or can I still also use the original name or term where that language feels appropriate?

The latter (also, there's no need to use "hereinafter called" or "hereinafter referred to as").

You do not have to keep referring to the person using the placeholder, though good practice would be to do that for consistency. The less you swap around references the less confusing you'll make it.

Concur.
 
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