With few exceptions (among them the odious Scalia), lawyers can’t write. Period. You do not acknowledge the woodcuts. You acknowledge the gift or donation of the woodcuts. (Pace shostakobitch.)
@Motoko Kusanagi: @1.1.1.: It is true that an assistant probably wrote the text of the invitation, and perhaps it is too much to expect legal professionals to review something as ephemeral as a two-dozen word invite.
Nevertheless, in defense of my criticism, I should say that I’ve read enough to know the status quo in legal writing of many different kinds, from contracts to amicus briefs to journal articles to textbooks. In my estimation, only social scientists rival lawyers in their ability to hide simple ideas in unnecessarily complicated language.
@iplaudius: Yes, I fully agree. No question about it. On the other hand, some contracts rival code in terms of the logical complexity of the ideas being expressed.
When precision matters, language gets messy fast.
Consider the questions raised by a (seemingly) simple termination clause:
I can terminate at any time upon 30 days' notice, but if I terminate, I must pay you for one year of fees.
1. What's the start point for the 30 day period? Delivery of the notice? Receipt? Calendar days or business days?
2. How is notice given? Written? Is email OK? To whom?
3. How is that "year of fees" calculated? Against last year's actual amount? What if there's no last year? Does it prorate or extrapolate? Are we talking US dollars? Calendar year or contract year?
Anyway, by the time one lawyer is done building in the answers to all of these questions, another one comes along and slaps in a whole bunch of text from various foreign documents. Now you've got to normalize them, retain the logical structure, and make sure the merged elements hold water. Plus, you've got a bunch of new questions to ask and answer based on the other lawyer's text.
Anyway, suffice it to say that negotiated documents (as with anything else) are only as good as their weakest drafter.
@Motoko Kusanagi: Your very cogent response speaks for itself; however, I want to respond to give you the tip of the hat by agreeing with you explicitly. I was not being completely fair. As you point out, the accepted standard of legal writing all but requires a certain kind of complexity to manage subordinate or dependent information. Because lawyers must be concerned with precision—or, to put it another way, because lawyers have to defend themselves against "loopholes" and misinterpretation, they often have to write long and complex sentences. Their sentences grow ever more long and complex, because they are forced to reiterate antecedent terms and arguments as subordinate clauses. Perhaps my complaint is when lawyers let the rhetorical exigencies of, say, statutes and contracts invade other types of writing. In my opinion, such complexity should not usually be necessary in academic legal writing, for example.
There is something to be said for reducing complexity in legal writing, even in statutes and contracts: it makes the words of the law more accessible to more people. Is it possible, for a given document, to define rules interpretation (or refer to rules defined elsewhere)? Perhaps we could get to the point where complex sentences could be replaced by shorter sentences and structured lists.
Why does the phrase "Too much too soon" crop up in my head every time Luke's name is mentioned? His famous dad dies and all of a sudden he's this jounalistic force majure. I didn't realize experience was inherited. Ted Koppel's daughter slaved in the CNN mines for years when she first got started.
@LEHLegacy: Sadly, I do. It bothers me that a kid who could be good in a few years is being turned into a sock puppet of his dad and thrown into circumstances he can't handle. Put him on the overnight police beat for a year or so. Make him hang out at Congress to cover hearings and do stakeouts in the hallways. Spend some quality time working with someone really good and learn something.
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With the aliased italics and whatnot, it's got admin peon or clerk written all over it.
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Sorry, your comment got there first.
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Nevertheless, in defense of my criticism, I should say that I’ve read enough to know the status quo in legal writing of many different kinds, from contracts to amicus briefs to journal articles to textbooks. In my estimation, only social scientists rival lawyers in their ability to hide simple ideas in unnecessarily complicated language.
05/26/09
When precision matters, language gets messy fast.
Consider the questions raised by a (seemingly) simple termination clause:
I can terminate at any time upon 30 days' notice, but if I terminate, I must pay you for one year of fees.
1. What's the start point for the 30 day period? Delivery of the notice? Receipt? Calendar days or business days?
2. How is notice given? Written? Is email OK? To whom?
3. How is that "year of fees" calculated? Against last year's actual amount? What if there's no last year? Does it prorate or extrapolate? Are we talking US dollars? Calendar year or contract year?
Anyway, by the time one lawyer is done building in the answers to all of these questions, another one comes along and slaps in a whole bunch of text from various foreign documents. Now you've got to normalize them, retain the logical structure, and make sure the merged elements hold water. Plus, you've got a bunch of new questions to ask and answer based on the other lawyer's text.
Anyway, suffice it to say that negotiated documents (as with anything else) are only as good as their weakest drafter.
05/26/09
There is something to be said for reducing complexity in legal writing, even in statutes and contracts: it makes the words of the law more accessible to more people. Is it possible, for a given document, to define rules interpretation (or refer to rules defined elsewhere)? Perhaps we could get to the point where complex sentences could be replaced by shorter sentences and structured lists.
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How do you "acknowledge" a woodcut? Is it like signing a receipt or something?
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"Charmed, I'm sure. Albrecht right with you, I simply must try those canapes."
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I've said it before but it bears repeating: everyone hates lawyers until they really, really need one.
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Really poor form, Lil' Potato Head.
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Sigh.
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I know I would have.
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As for the event, I'm glad to be an Old and unsuitable for it. Four a.m.? Ha! The Smitrobar never closes.
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