I have three separate speeds in my professional writing style: (1) casual, for when I want to write a a normal human being; (2) normal, which is a little more formal, but still a lot less stuffy than most attorneys write; and (3) full blown asshole, which is what most people think of as typical lawyer writing.
Usually, I write in style (2). This is still in short, subject-verb sentences. I define terms and stick to them rigidly. I try to write short, structured paragraphs. But I do not use a lot of meaningless fluff, endless thesaurus milking, sprinkling "moreovers" or "thereins" all over the place, and things like that. I try to make my normal professional writing understandable by the non-attorneys that usually read it.
I use #3 only when I have to. This is almost always when I am adverse with another lawyer. It hurts me to write that way.
I use #1 much more frequently. One of the scenerios when I write casually is when I ghost write for a client. I have lots of these, especially when it's a leter from a condo board to a resident. My casual writing is supposed to make it look like it did not come from an attorney. This is a good way to outline issues without bringing attorneys into the picture. So I say things like "you have to do this" instead of "you are required to do this." I am a little looser on defining terms (the "Terms"), because most people write this way, too.
Well, there are lots of attorneys who only write with style #3. For the millionth time, I just got a letter back from one of these guys, with red ink all over it. It was supposed to be from our developer client to another developer. All of the changes are stylistic. Where I think a builder says "this and/or that", the other attorney thinks it should be "this, either together with or in the alternative, that." Instead of saying we may reserve rights "as permitted by the Agreement of Sale" he says "in accordance with those reserved in the Agreement of Sale." And so on.
This guy is always like that. My problem are: (1) why should anyone write like this; and (2) even if this is appropriate in some cases, it is not right here, from a client. Sure, my causal writing is not as precise (there is actually a slight difference in both examples that I gave), but the slight falloff is not significant at all. Plus, it just looks like something a lawyer would write, which is specifically not the purpose.
Finally, please know that I swear a lot less in all of my professional writing styles than I do here.
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