Legal writing pet peeves

July 15, 2011
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In the July 6 Indiana Lawyer, reporter Jenny Montgomery talks to several attorneys about issues they have with legal writing. One attorney is bothered by the phrase “Enclosed please find … .” Another is bothered when she reads “thirty (30) days” in litigation documents.

We want to know:  What are your pet peeves when it comes to legal writing?  
 

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  • Peeve
    My pet peeve is the overuse of the word "Pursant," especially in non-legal documents, letters, memos, and casual emails.
  • Legal writing pet peeves
    The following drives me up the wall:

    "attached hereto, and made a part hereof. . . "
  • Progress
    When I first started in the practice lawyers were using "Now comes the [plaintiff] or [defendant]" in each paper that was filed with the court. I had never heard that phrase in law school so I assumed it was a requirment of some obscure rule of our learned profession. I've not seen that phrase in several years so we have made some progress. "Clearly" ought to be banned from briefs. If anything was "clear" about a case there would be no sense in writing a brief about it. Isn't that clearly the case?

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