{"id":107646,"date":"2025-02-04T02:00:00","date_gmt":"2025-02-04T10:00:00","guid":{"rendered":"https:\/\/xira.com\/p\/2025\/02\/04\/whereas-i-keep-telling-lawyers-to-stop-writing-like-this\/"},"modified":"2025-02-04T02:00:00","modified_gmt":"2025-02-04T10:00:00","slug":"whereas-i-keep-telling-lawyers-to-stop-writing-like-this","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2025\/02\/04\/whereas-i-keep-telling-lawyers-to-stop-writing-like-this\/","title":{"rendered":"Whereas, I Keep Telling Lawyers to Stop Writing Like This"},"content":{"rendered":"

Teddy Snyder | You’re not writing in the 14th century, so stop trying to sound like a scrivener from 700 years ago.
\nThe post Whereas, I Keep Telling Lawyers to Stop Writing Like This appeared first on Articles, Tips and Tech for Law Firms and Lawyers.<\/p>\n

You aren\u2019t writing in the 14th century, so\u00a0please stop using archaic language in legal documen<\/strong><\/em>ts.<\/em><\/strong><\/p>\n

\"stop
<\/figcaption><\/figure>\n

Fishbowl is a social media\u00a0app\u00a0where professionals can anonymously share information.\u00a0The vibe is much more informal than LinkedIn.\u00a0There are several\u00a0groups, called\u00a0bowls,\u00a0for lawyers.\u00a0<\/p>\n

A\u00a0recent Fishbowl post\u00a0by\u00a0an associate\u00a0about\u00a0drafting corporate resolutions\u00a0caught my attention:<\/p>\n

\u201cI was told to capitalize the first word after each \u2018Whereas,\u2019 in the recitals. This feels dumb. I refuse to comply. Is this really a thing?\u201d<\/strong><\/p>\n

Short answer: <\/strong>No. The recital is a sentence\u00a0in an important document,\u00a0and\u00a0we don\u2019t capitalize words in the middle of a sentence<\/a>\u00a0unless they are proper nouns, such as names.\u00a0<\/p>\n

That\u2019s not the end of the story.<\/p>\n

What\u2019s The Deal With Recitals?<\/h2>\n

Recitals are statements at the beginning of\u00a0a\u00a0document that\u00a0explain why the signers are\u00a0doing this stuff. Recitals<\/a> are not\u00a0operative, but they can provide context if there is a dispute later.\u00a0That\u2019s why you\u2019ll see recitals\u00a0in releases\u00a0that say things like, we don\u2019t concede anything, but the parties just want to buy their peace.<\/p>\n

What Century Is This?<\/h2>\n

The post attracted many comments, including\u00a0several\u00a0from writers\u00a0who advised dropping\u00a0\u201cWhereas\u201d\u00a0altogether, because it was archaic. The word\u00a0was first used in the 1300s\u00a0as\u00a0a shortcut for \u201cin consideration of the fact that \u2026.\u201d Think of it as a substitute for \u201cbecause.\u201d\u00a0<\/p>\n

But you\u2019re not writing in the 14th\u00a0century \u2014 so stop trying to sound like a scrivener from 700 years ago.<\/p>\n

Instead of the archaic \u2018Whereas,\u2019 use a modern English\u00a0heading.\u00a0<\/strong><\/h3>\n

The heading can be Recitals<\/strong> or just\u00a0Background.\u00a0<\/strong>You can justify left and underline, center it and use all caps, or make it\u00a0bold if you like.\u00a0<\/p>\n

Then, simply write sentences for each\u00a0item you wish to recite.\u00a0Label each one with a number or letter, especially if any of the resolutions are longer than one paragraph. \u00a0<\/p>\n

Similarly, instead of \u201cNow therefore,\u201d create a heading such as\u00a0Resolutions, Agreement,\u00a0Terms, or Provisions.\u00a0Also, ditch \u201cBe it resolved.\u201d Instead of using archaic language in settlement documents and contracts,\u00a0\u201cThe parties agree as follows\u201d works every time.<\/p>\n

So the Boss Insists on Archaic Langage \u2014 What Difference Does It Make?<\/h2>\n

One commenter told of a client who, insisting on archaic language, said,\u00a0\u201cIf it\u2019s not illegal, I don\u2019t care.\u201d\u00a0Another posted, \u201cI remember the time when I removed the commas after every whereas in a stipulation and opposing counsel had a hissy fit.\u201d A general counsel (!) opined, \u201cRedundancy is not your enemy.\u201d<\/p>\n

This one encapsulates\u00a0most of\u00a0the advice: \u201cYou\u2019re right,\u00a0but if they\u2019re the boss and that\u2019s how they always do it, it\u2019s not worth fighting over. Pick battles that matter.\u201d<\/p>\n

While this may be good,\u00a0short-term\u00a0career advice, it sets a terrible precedent.\u00a0Undoubtedly, the person who insisted on this usage learned it eons ago. \u201cThat\u2019s the way we\u2019ve always done it,\u201d is a bad justification for any practice in any industry.\u00a0<\/strong><\/p>\n