Affectations and Legalese

Question 1

Define affectation in wrting

Answer 1

It is the use of words that are pretentious or meant to impress

Question 2

What is one problem with affectation in writing?

Answer 2

It sounds pompous and artificial

Question 3

What is the strength of legal writing?

Answer 3

The strength is in its clarity on how it musters its argument and not in the number of legalese or presence of unnecessary and pompous words

Question 4

Legal affectations to avoid (3)

Answer 4

1. “Above” and “Below”
2. Archaic words such as “hereafter, hereinafter, and heretoforth”
3. Double negatives

Question 5

Define legalese

Answer 5

a.k.a “Traditional” legal writing style.
It is one that uses abstruse vocabulary making legal writing or speaking difficult for non-lawyers to understand.

Question 6

What are the defenses of the lawyers that believe that legal writing must involve legalese (3)

Answer 6

1. Legalese is more precise and less ambiguous than plain modern English; as such it is more resistant to misinterpretation when read by other legal professionals
2. Legalese in the sense of using high levels of abstraction covers all contingencies and covers the lawyer in cases of unexepcted attacks
3. Lawyers, judges, and even clients prefer it

Question 7

Is it prohibited to use legalese?

Answer 7

No, but it is best to avoid them when one can help it