A Problem in Your Complaint
Dear Legal Writer, Here’s a problem I see in your complaint:
You use the word “would” in front of several of your verbs.
E.g.,
—“Plaintiff would drive 45 minutes longer for the new role.”
—“Plaintiff would contribute $100,000 to the fund.”
In each, there’s ambiguity:
—Did Plaintiff actually drive at all?
—Did Plaintiff ever actually contribute?
⬇️
In fact, when you write “Plaintiff would do X,”
you might mean any of at least 10 different things:
1: Plaintiff was willing to do X (but we’re not sure if she actually did).
2: It was understood that Plaintiff must be willing to do X (but we’re again not sure if she actually did).
3: Plaintiff intended to do X (but may or may not have followed through).
4: Plaintiff agreed to do X (as part of a contract or arrangement, but the action might not have occurred yet).
5: Plaintiff was expected to do X (based on circumstances or prior agreements).
6: Plaintiff was obligated to do X (but we’re not sure if she fulfilled the obligation).
7: Plaintiff had the capacity or ability to do X (but it’s unclear if she exercised this capacity).
8: Plaintiff typically did X in similar situations (implying a pattern of behavior without confirming this specific instance).
9: Plaintiff would have done X (if certain conditions had been met, suggesting a hypothetical scenario).
10: Plaintiff was in the process of doing X (implying an ongoing action without confirming completion).
***
TL/dr*
❌ “Plaintiff would do X.”
✅ “Plaintiff did X.”
In legal writing, unless you’re TRYING to obfuscate, always use words that are clear and precise.
Skip the word “would.”
That’s my advice.
💌 Amanda
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__ *TL/dr = “Too Long/didn’t read,” aka, “Here’s a summary.”