THE LAW IN REAL TERMS
“The Law in Real Terms” series is dedicated to bringing some common sense to the table in all things legal, and making the law practical and accessible. Let’s simplify the complex.
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Lawyers, in English please…
If you have ever read a legal document containing one of these words, or other language that is antiquated or needlessly complex, chances are you rolled your eyes and asked yourself this question, and with good reason. And if I told you that law schools and many experienced legal writers have, for decades, been encouraging law students and practicing attorneys to write in clear and simple terms, you probably wouldn’t believe me.
Early in my career, I handed a rough draft of a pleading to a partner one day, and looking at the first page, he immediately stated: “Don’t use ‘Now Comes’ with me.” Message received, and I was happy to comply. “Now Comes” is a phrase often used at the outset of a pleading, but it is obviously antiquated and unnecessary. Around the same time, another senior attorney I knew commented that legal writing in general should be simple and straightforward, written “at an eighth-grade level.” Not long afterward, I attended a seminar by an industry leader on legal writing and received a deluge of information on the many ways in which legal writing needed to be simplified and brought into the 21st century, including practical advice on how to do it. (For those readers who are attorneys, one seminar topic was the all-too-common term “Witnesseth.” It cannot be used as an imperative, so in many instances where we see this term, it isn’t just antiquated, it’s grammatically incorrect.)
If experiences like this weren’t enough, it only takes a few real-world experiences representing clients in court, or in a transaction or compliance matter, to see how much clients appreciate legal advice that is simple and straight-forward, and that means documents that are simple and straight-forward. In 2017, we are all bombarded, utterly bombarded, with information and communication through the internet and social media. It has never been more important for people, in business and in life, to communicate with simplicity. Many attorneys and other legal professionals hear that loud and clear. We are right there with you….we are on it.
Gertsburg Licata is a full-service, strategic growth advisory firm focusing on business transactions and litigation, M&A and executive talent solutions for start-up and middle-market enterprises. It is also the home of CoverMySix®, a unique, anti-litigation audit developed specifically for growing and middle-market companies.
This article is for informational purposes only. It is merely intended to provide a very general overview of a certain area of the law. Nothing in this article is intended to create an attorney-client relationship or provide legal advice. You should not rely on anything in this article without first consulting with an attorney licensed to practice in your jurisdiction. If you have specific questions about your matter, please contact an attorney licensed to practice in your jurisdiction.
