Friday, April 14, 2017

Why Legalese Continues in Drafting Documents

At the Florida Bar Journal, attorney Martin A. Schwartz provides a full, critical discussion of legalese (here). He explains why it continues in form documents:

New lawyers instructed to use form documents are inculcated into the use of archaic language, repetition, and run-on sentences. It has been noted that there is no economic incentive to “clean up” these documents by spending extra time merely for the sake of readability. Even lawyers conscious of the use of legalese frequently avoid removing such language in the haste to produce a document for distribution.

(citing Claire A. Hills, Why Contracts are Written in “Legalese,” 77 Chicago-Kent Law Rev. 58 (2001) (here)).

(ljs)

http://lawprofessors.typepad.com/legal_skills/2017/04/why-legalese-continues-in-drafting-documents.html

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Comments

"Inculcated"? Seriously?

Posted by: Just Don't Spell My Name Wrong | Apr 14, 2017 4:23:52 PM

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