Monday, September 13, 2010

Archaic and Bombastic

'The language of the law today incorporates a multitude of stilted words and convoluted expressions. The archaic phrases used by lawyers often includes 400-year-old words that sound foreign to laypersons and consumers. The reason for the use of such strange and cryptic jargon may be that by using a rare dialect that only fellow lawyers can decipher, some attorneys feel a certain sense of self-aggrandizement, whereas other lawyers revel in hiding behind a wall of words that is impervious to scrutiny. Whether for self-importance or purely for recognition, many legal practitioners have continued to use vestigial Latin, Old English, Scotch, and French words, which are archaic and bombastic. Among the words composing this legalese are: "party of the first part," "aforesaid," forethought," "aforethought," "aforementioned," hereby," "herein," "hereinbefore," "hereinafter," "herewith," "heretofore," "whereof," "wherein," and the leading offender, "said." What is "said" is often being said ineffectively.' (A Plain Language Imperative: A "Telling" Story. by William C. Burton, Esq.)



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