Dear Legal Writer: “Since” is a bad word in legal writing. Don’t use it to mean “because.”
Dear Legal Writer: “Since” is a bad word in legal writing.
Don’t use it to mean “because.”
— Wait, what’s that you say?
🔺 “Since” has been a good synonym for “because” since time immemorial?
🔺 And “since” is a full syllable shorter, it has 2 fewer letters, and it sounds so much better than “because,” so you love to use it?
I know.
You’re right.
But still.
Don’t use “since” to mean ”because” in legal writing. Here’s why:
🔷 “Since” is a softer, less direct way to say “because.”
Most of the time when legal writers use “since,” they intend to convey causation. But there’s no reason to beat around the bush with whether something did cause something else. Causation can be everything in the law.
“Because” clearly conveys causation.
“Since” suggests causation, but is less exact.
Be assertive in your legal writing. If you mean “because,” just say “because.”
🔷 “Since” creates ambiguity.
Using “since” to mean “because” forces your Reader to guess your intentions. True, “since” can mean “because.” But “since” can also mean three other things that have nothing to do with “why” something happened, only “when” it did:
▫️ “while,”
▫️ “after,” or
▫️ “at the same time.”
Here’s 3 sentences that use “since” in a way that’s ambiguous:
1: “Since we discussed, I’ve changed my mind.”
—Do you mean you changed your mind after we discussed, or because we discussed? Here’s another:
2: “Since they ate breakfast, they were ready to leave.”
—Do you mean they’ve been ready to leave since the time that they ate breakfast, or that it was because they ate breakfast that they were ready to leave? A Reader can’t be sure. Sometimes, the writer might mean both.
3: “I listen to Taylor Swift more since Matt got us tickets.” (This one’s true!! 🎉 )
—Here, I mean “since” to mean both “after” and “because.” It’s ok that I’m imprecise. But in legal writing, every word should be precise and ambiguity-free.
Remember, your Reader has a short attention span.
Your Reader will not appreciate being forced to spend additional time on your brief trying to figure out what you mean by “since.”
Don’t piss off your Reader.
Obviously.
👉 If you mean “because,” write “because.”
Fondly,
💌 Amanda
P.S. Follow —> #DearLegalWriter for future tips & discussion.
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In case you’re curious, Bryan Garner proposes a more intricate approach.
He says that there’s nothing wrong with using “since” as a synonym for because, EXCEPT when the “since” is followed by the past-tense. See Lawprose Usage Tip of the Day: Since (Sept. 17, 2012).
I think that refinement is too nuanced for writers to have to apply every time they have a decision between “since” and “because,” so I would not worry about it. In legal writing, we almost always write in the past tense anyway.
🗳️ What’s your view?
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