Stop Saying “The Same” in Legal Writing

“The same” wreaks havoc.

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?

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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.”

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Your readers (and future litigators) will thank you.

💌 Amanda

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

#DearLegalWriter