Transcription of Any and All: To Use Or Not To Use? - State Bar of Michigan
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Any and All: To Use Or Not To Use? - State Bar of Michigan
Plain Language"Any and All": To Use Or Not To Use?By David S. ElderI was given a rough time recently bytwo friends about what they describedas "the pompous verbiage that lawyersuse for language." One of them said, "Isuppose you lawyers refer to Dana'sclassic as Two Years Prior to theMast." The other added, 'And you prob-ably call that popular poem of Kipling's'In the Event That."' Was there any an-swer I could make?-Williard, 49 ABA J 934 (1963)erhaps this simple anecdote saysit all. But does it really?Lawyers, for as many years asthere have been lawyers, have debatedthe use of plain language in their speechand written work. Is the use of "le-galese" and redundant phrases a self-protecting language that lawyers useto insulate themselves from the restof society? Do lawyers use phrasessuch as "hereby" and "party of thefirst part" simply because these termshave become reflexive Pavlovian legallanguage?
diversity of meaning and may be em-ployed to indicate 'all' or 'every' as well ... of "any" in Harrington v Interstate Busi-ness Men's Accident Ass'n, 210 Mich 327, 330; 178 NW 19 (1920), when it quoted ... indemnify and hold harmless the gen-eral contractor from all liability, claims, demands, causes of action and judg- ...
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