Tuesday, October 23, 2007

Shall, must, might: get me a dictionary and an aspirin!

Here is a thought-provoking piece by Kenneth Adams on the use of the word "shall" in legal drafting. I agree with one main point: "shall" is overused and misused frequently in the documents we lawyers write. Personally I like the word "will," but Adams finds fault with that too.

While I am not sure I agree with absolutely everything he says, I shall/will/must/might/should take much of what he does say into account when drafting.


Starving Trial Lawyer said...

Don't fret too much, courts are always ruling shall means may and may means shall.