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June 13, 2012

Comments

Allison Shields

Donna,

Thanks for your comment. While I agree that some language has been litigated and may be required in legal documents, that's no reason to fail to explain it in plain language to clients, and certainly no reason to use those terms for purposes of developing business or marketing your practice.

Allison

Donna Ray Berkelhammer

As a lawyer who constantly tries to root out "legaleze," I do want to make one point. We sometimes stick to certain terminology because it has been litigated and within the legal world has a specific meaning. Unfortunately some of these phrases are bulky, cumbersome, or otherwise unintelligible in a business context. But if we changed them, and there was a law suit over that language, it would be expensive and time-consuming for a court to interpret the simpler language.

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