I remain surprised at the number of intelligent, articulate, and well-read legal professionals who still use “and/or” in legal writing i am therefore creating this post to document a fairly complete list of authorities that support what i think is the better (if not obvious) view: never use “and/or” in legal writing (or any writing. The writing guide who should use this guide this guide is written for undergraduates writing practice essays, semester essays, and course work in law it is directed primarily at those modules which are assessed by course work, though much of what it says is equally relevant to writing essays which do not count for formal assessment.
Nevertheless, the use of the word “shall” does not convey the right meaning in the context of what we are writing oftentimes, “shall” functions as a “directive” when used in statutes. Now we return to that topic with some sharper focus: is shall needed in statutes, regulations, contracts and other legal writing the man most famously associated with legal writing in america says no bryan garner, in the 2001 edition of his dictionary of modern legal usage , points out that shall is in no way as precise as many lawyers think it is. In 2009, bryan garner published garner on language and writing, which is a 700-page collection of essays, adaptations, and speeches on legal writing and draftingsupreme court justice ruth bader ginsburg wrote the foreward, and noted that the book “has become a ‘must read’ primer for [her] law clerks. The use of shall may also create ambiguity, especially in british legal writings: “no order or regulations which, by virtue of section 18a, is or are to have effect for a limited period shall be made unless a draft of the order or regulations has been laid before, and approved by a resolution of, each house of parliament”(criminal justice and immigration act, part 4, p 45.
Thy legal writing shall not include “shall” by andy mergendahl on june 12th, 2011 26 comments legal writing should be precise, and its meaning should be as close to indisputable as possible. Prof martin also discusses the hallmarks of a good essay answer these answers are lawyerlike, responsive to the question asked, logical, thought out, well organized, fact and issue centered, and use cogent reasoning and good rule application. How to use “shall” in legal writing essay sample “shall” is frequently used in statutes, laws and regulations whenever we try to explain a particular law or provide advice in relation a particular law, it is inevitable that we simply replicate the word “shall” as it is used in the statutes, laws and regulations. The use of language in any kind of writing is important to clearly and understandably convey a meaning or argument there are five major issues with language use levels of formality, in-group jargon, slang and idiomatic expression, deceitful language and euphemisms, and biased language.
Thy legal writing shall not include “shall” i was taught in my legal writing classes that “shall” is obligatory and “may” is permissive, and any other use is just superfluous, bombastic, and pompous. Top 10 tips for successfully writing a law school essay begging included in this discussion is guidance on spotting the issues, avoiding being bottom line oriented, how to use the facts, how to approach a question, and using words efficiently prof martin also discusses the hallmarks of a good essay answer these answers are lawyerlike.
As justice ruth bader ginsburg remarked in a majority opinion: “though shall generally means must, legal writers sometimes use, or misuse, shall to mean should, will or even may. Get your cheap legal writing essays just in two clicks best free samples will be in your hands with topics what you need.