Dear Legal Writer: Stop saying “the same” in legal writing.

Dear Legal Writer: Stop saying “the same” in legal writing.

“The same” leaves havoc in its wake. To illustrate:

🔹 “She delivered the goods to the warehouse and then sold the same.”

—Does “same” refer to the goods or the warehouse?

🔹 “The contract has a 30-day notice rule. Failure to comply with same will result in penalties.”

—Does “same” refer to the notice period or the entire contract?

🔹 “I’ve reviewed the contract and addendum. The same needs to be amended immediately.”

—Does “the same” refer to the contract, the addendum, or both?

To avoid such confusion, be specific!

Replace “the same” with the precise noun or phrase you’re referencing.

As legal writing guru, Bryan Garner, aptly puts it:

When used as a pronoun, “the same” is “a wretched specimen of legalese.”

It should be “banished.”

⬇️

Your readers (and future litigators) will thank you.

💌 Amanda

🗳️ Are you guilty of using “the same” in legal writing? Maybe you should stop!!

#DearLegalWriter