It’s not what you write. It’s ……

The written word

The very best Lawyers combine clarity of thought, precise logic, commercial “smarts” and real-world pragmatism. Always with an unerring ability to use language in a way that is well …. unique (or in the case of property lawyers incomprehensible).

Training and practice dictates that their use of language is precise, unambiguous, and capable of being revisited to define the exact interpretation of an agreement or intent or statute. It’s the very reason that I have spent countless days upon end in their company over the years. Maybe some things rubbed off. Maybe.

I always wondered if lawyers take the same approach to communication in a domestic setting?  …..

For the avoidance of doubt, on the second Business Day of each week with the prior written agreement of the other party I may, but have no obligation to, collect those members of the family that present themselves at or within a reasonable distance (which shall not exceed 15 meters measured from the centre point of the closed school gate) (hereinafter referred to as the “Collection Point”) of the school gates on or within 5 minutes of the school closing time officially published in the schools official literature or website from time to time. Upon such collection I shall transport all members to the front door of Home or, in the case of Extreme Distress on the part of any one of such members during the process of such collection or transport, to the closest retailer of confectionery that is open for business whereupon I shall procure sufficient confectionary to remove any such Extreme Distress before continuing to transport the family members to the front door of Home. Such collection and transport are subject to clauses 2,5 and 17 of the Domestic Agreement between the parties.

Or as the rest of the population might say “you want me to pick the kids up from school on Tuesday if I’m not busy?”

Now before those members of the legal profession reading this blog become enraged with what they would, rightly, consider as sloppy drafting (the ultimate insult for a lawyer), I remind them that this is not real (as convincing an instance of domestic dialogue as it might appear to them). They will rightly question what happens to those family members that present themselves more than 15 metres away from the gates? …. Or what process follows if the collection is running late? All valid questions in the mind of a lawyer…. But not what constitutes “Extreme Distress” because they will already know that this is denoted as a defined term alongside Home and Domestic Agreement.

I am not a member of the legal profession. Nonetheless I have been acquainted with many legal professionals. Even watching the sun go down and come up many times from their City of London offices without sleep in between as a deal is worked upon (always, without fail, to a deadline that dictates such extreme adrenaline-driven, sleep-deprived working patterns). It might not sound like fun … but it is.

So what point am I making?

Using precise, well-constructed language – even in everyday life is beginning to appear (outside the legal profession obvs.) a dying art. Even having a half-decent stab at properly a sentence is beyond the grasp of many of the working population today. The use of instant messaging and WhatsApp etc is both extensive and pervasive. Giving rise to a trend towards writing as-we-speak – which is in a far less structured and informal way.  Acceptable when arranging to pick the kids up from school. But often not fit for purpose where circumstances dictate a level of precision. Albeit, we probably don’t have to call upon the services of a lawyer to document most things.

I am not a pedant in relation to grammatical correctness. I do not froth uncontrollably at the mouth if the grammatical rules – chiselled into the mental tablets of stone many years before by a well-meaning but tyrannically strict English teacher – have been taken outside and given a damned-good beating. I do not get hung up about splitting infinitives (just as well for Trekkies the world over). I do not even despair that language is evolving as modern idioms and words enter common speech. That’s normal.

I do care that people retain the ability to clearly, and hopefully eloquently, produce and interpret the written word to the point of giving or receiving clarity of meaning. It’s the basis of good communication and is vital in today’s world. Even if detractors might claim that the in-built grammar-checks and spell- checks omnipresent in the apps of today largely negate the need to possess the capability inherently. They do not.

Writing in a straightforward and logical way that transmits clear meaning is a skill that requires education, logic and practice. I do believe that we all have an interest in ensuring that we spread the love for stringing brilliantly and lovingly constructed sentences together. Using good language should not be a dying art.

Give it a whirl … you might just enjoy it.