We, as lawyers, are hardly ones to talk; we have laden our language with redundancies and anachronisms from the beginning. There are, however, those among us who try to use language that non-lawyers, as well as lawyers, can understand.
In my first class in freshman English in college, my professor bellowed that a worthy composition was one which could be clearly understood by the first person he encountered on the streets of Carlisle. It was a lesson I have never forgotten; it has been my polestar as I have written wills, agreements, briefs, and pleadings. Perhaps, more important, I have tried through the decades of practice to keep it in mind in oral argument before a judge or in addressing a jury. My mantra: keep it simple and direct.
Gertrude Block, a wonderful contributor to the monthly Pennsylvania Lawyer, has devoted a recent column to redundancies commonly used by lawyers; some are:
- At this point in time. During the Watergate hearings, John Dean might have used the phrase 1,000 times; he and others in the Administration literally created the cliche before our eyes. Better: “At this time” or even simply “Now”.
- Please be advised that. This is a meaningless phrase that brands the speaker pompous.
- Needless to say. Then why say it?
- To be perfectly honest. Watch this guy (and your pocketbook). He seems to imply that the rest of what he said is dishonest.
- In any way, shape, or form. Again, stilted and needless. “In any manner” says it concisely and well.
- Null and void and of no further force and effect. A common provision in agreements; all of those words could be eliminated except for one, “void”.
- Give, devise, and bequeath. A common provision in a will. To “devise” is to give realty. To “bequeath” is to give personal property. To “give” includes all property, real and personal, and does quite well standing alone.
- Keep and maintain (the words have identical meanings) and Goods and Chattels (again, identical meanings).
Writers and speakers who dwell in tired cliches too often do it to sound lofty and erudite. Quite the opposite.