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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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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