Don’t Use “As” to Mean “Because”

Dear Legal Writer, Don’t use “as” to mean “because” in legal writing.

“As” has as many meanings as cats have lives: 

NINE to be exact:

9️⃣ to the same degree or amount

              (“it was as hot as the sun”)

8️⃣ for instance

            (“such as”)

7️⃣ as if

              (“she looked as if she’d lost her only friend”)

6️⃣in the way or manner that

             (“do it as your judge’s rules direct”)

5️⃣ in accord with the way in which

             (“they were good, as cover bands go”)

4️⃣ while, when

              (“as she took ate lunch, she watched tv”)

3️⃣ regardless of the degree to which

             (“as unlikely as that seems”)

2️⃣ that the result is

            (“it is so red as to leave no doubt it’s infected”)

PHEW—that’s a lot

And only then, after going through all of those, do we finally get to the 9th meaning of “as”:

—> because

             (“she ate a lot, as she was hungry”)

That’s a LOT of ambiguity for one little word, “as.”

TAKEAWAYS:

—> Don’t assume your reader will know which of the 9 meanings you intend by “as.”

—> In legal writing, clarity is our #1 goal. That makes “as” a poor synonym for “because.”

FINALLY:

“As” is softer and more subtle than “because.”

But unless you are purposefully trying to obfuscate, legal writing should be direct and to the point.  Causation can be everything.  Don’t beat around the bush bout it.

CONCLUSION:

If you mean “because,” stick with “because.”

Fondly,

💌 Amanda

#DearLegalWriter

P.S. Here’s from Garner & Grammar Girl:

—Bryan Garner, Garner’s Modern English Usage, 4th ed., 2016: 

“In the causal sense, ‘as’ should generally be avoided because (not as!) it may be understood as having its more usual meaning ‘while,’ especially when it is placed anywhere but at the beginning of the sentence.”

—Grammar Girl:

“English offers many ways to express “because.” Some are wordy and should be avoided [for that reason]. . . . Others, like “since” and “as,” need to be used carefully, since you could confuse your readers.”

🗳️  What do you say?

P.P.S. My newsletter for May—3 Bullets for legal writers—will be sent out tomorrow. 

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