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December 14, 2005
Writing For Clients--Just Say It-Part 2...Can We Start With Courts?
Back to thinking about legal writing for clients de-mystified (December 9 post), I wonder if you just start with writing to courts. After all, lawyers (including judges) have a certain way of talking to each other which often (a) really isn't needed and just alienates the rest of the thinking world, and (b) even makes it think we are talking to ourselves dementedly and self-absorbedly.
For example, from the first line of an actual federal district court complaint:
COMPLAINTCOMES NOW, the plaintiff, Upstart Corporation, by and through its attorneys, Adams, Bones & Carson, LLC, brings this cause of action against GiantMart, Inc. for violations of the Lanham Act, and for its reasons, files with this Honorable Court the herein Complaint, the following of which is a statement of its averments and allegations:
Why not instead just:
COMPLAINTPlaintiff, Upstart Corporation, states:
Well, is it just me?
Posted by JD Hull at December 14, 2005 10:27 AM
Comments
I have had a rule for many years. If any lawyer working for me uses the words, "Comes Now", they are fired. Likewise, "true and correct copy" is another fire-able offense. Like there is such a thing as and "untrue and incorrect copy."
I think you are parsing things too finely trying to distinguish between writing for the courts and writing for clients. Writing is writing, and jargon is jargon regardless of the audience. Good writing should be reflected in Christmas card messages as well as Briefs being filed before the Supreme Court.
Keep up the good work in this area. I don't see many really good writers these days. It seems to be a lost art.
Posted by: Patrick Lamb at December 14, 2005 07:59 PM
An issue I have with you, Pat, is that 99% of the time I read you I say aloud to myself: "Well, that just makes too much sense."
Posted by: Dan Hull at December 14, 2005 08:10 PM