This is the year 2010, and I encourage lawyers to get out of the habit of using static, outdated words and phrases in their writing. There are so many articles and books about “Plain English” which recite all these subjective guideposts for effective legal writing. I can break them all down into one general rule, which is: If you wouldn’t Say It, don’t Write It.

Hypothetically, if a lawyer is asked by her client, “where is my settlement check?,” I doubt the lawyer would respond by saying, “it is enclosed herewith.” Similarly, if the client asks her lawyer, “what’s going on with my case,” the lawyer probably wouldn’t begin the response with the phrase, “Please be advised…” So, why do we use these words and phrases in our legal writing?

In spite of all the suggestions for great legal writing, too many archaic words and phrases are still in use today. Instead of all the articles about how to revise legal writing, maybe the question should be, why are lawyers so wedded to legalese and why won’t they change. Is it for Formality; Exclusivity; or because of Precedent? Once we answer that question, hopefully we can begin to move away from the herewiths and heretofores and arguendos.

Tags: legal writing, legalese, plain english

 
The Million Dollar Advocates Forum is pleased to announce that attorney Corey J. Hogan of the law firm of HoganWillig has been certified as a member of the Multi-Million Dollar Advocates Forum.

Mr. Hogan is presently a Life Member of the Million Dollar Advocates Forum, one of the most prestigious groups of trial lawyers in the United States. Membership in the Million and Multi-Million Dollar Advocates Forum is limited to attorneys who have acted as principal counsel in at least one case which has resulted in million and multi-million dollar verdicts, awards and settlements. The organization was founded in 1993 and there are approximately 3,000 members located throughout the country. Fewer than 1% of U.S. lawyers are members.

Mr. Hogan received his bachelor’s degree from Notre Dame University, Master’s of Business Administration from the University at Buffalo and his Juris Doctor from the University at Buffalo Law School. He is the founder and majority owner of the law firm of HoganWillig, based in Amherst, New York, where he is the firm’s lead litigation attorney.

Tags: Amherst, Corey Hogan, Membership, Multi-Million Dollar Advocates Forum, NY

Linda Grear discusses important Estate Planning Documents.  She goes into detail about why you should prepare Last Will and Testament, Power of Attorney, and Health Care Directive.

Tags: Estate Planning, Health Care Directive, health care proxy, last will and testament, power of attorney