LAWYERSPEAK: "ADVISE" VERSUS "INFORM" WITH A DASH OF SUPRPLUSSAGE
I love lawyers, as a whole, but we certainly have unattractive correspondence habits.
First of all, like one out of ten lawyers knows the difference in usage between "advise" and "inform".
If I'm a baseball manager, for example, I "inform" a player that he's the third batter in this inning, but I "advise" him he'd hit better if he took a shorter stride. Pretty easy, right? Not for lawyers.
You see it in scheduling correspondence all the time. Say you're trying to schedule a deposition (first you should probably be IM'ing anyhow, but that's for another day). Letter comes back "This is to ADVISE you that I will be on vacation from July 14 through July 24." First, that's not advice, it's information. Second, you could just cut out the first six words and have an efficient sentence.
Then there is the collection letter "The purpose of this letter is ADVISE you that the balance of your note, with interest, totalling $XXX, due John Doe has not been paid.." First, on this one, ya think the guy who hasn't paid it doesn't already know that? Second, again, this is information not advice. Third, you can't give an opposing party advice because he's not your client. If you could, you say "My advice to you is to pay this off before I sue your ass off..." which would be an effective, if tasteless and possibly unlawful collection practice.
Finally, we get to my special favorite: The "Please be advised" letter. This is from an actual letter from an actual lawyer to a regulatory body made up of mostly lawyers (Not written by an 8th or 9th Circuit Lawyer--in other words, not from around here).
"Please be advised that we are sorry this letter is late. Be advised that we are representing Joe Client in the Matter of excessive belly button lint investigation. Further be advised that he has not advised us whether or not he advised you of his change of counsel and we are not advised of whether his previous counsel has advised you of their withdrawal"
The letter is three pages long and I'm already over-advised by the first paragraph.
You "inform" somebody when you give them information which may be helpful or upon which they may act. You advise somebody when you suggest behavior or at least an election from a menu of choices. Unless a statute required it, why would you ever begin a sentence with "Please be advised"?
posted by UMRBlog @ 01:21
7 comments
7 Comments:
Very William Safire-esque
Isn't advise a synonym for inform? Does advising one always imply giving advice?
I see your point but also feel I have validation with mine.
1901,
You have a point only to the extent that misuse collogially becomes usual and customary and ultimate acceptable.
I suppose when the government calls it a "Winter Weather ADVISORY" long enough, it can get crammed into that synonym hole.
It would be another defeat for precision.
TYFCB
Lawyerspeak ... yes means no ... unless you recorded me and have a witness to your copy of the documents.
2+2=5 ... and we have always been at war with Eastasia.
A little late to debate the archaic meaning of "advise", "colloquial", or "integrity". Only being crafty, calculating, and cold blooded; counts.
Please be "advised" that my $150/hr words are only meant to distract, extort, and mislead. (the new norm)
Happy father's Day ...
Cynical 1404,
Something to think about. People don't need lawyers to lie, cheat and steal.
First, that doesn't take any talent. Second, they can do that themselves.
What does take some talent is to take the facts, as they are, and explain why those facts, under the law, entitle your client to relief.
Funny you should take exception to a thread where I'm really arguing for a precise and unambiguous use of language.
TYFCB
An ethical lawyer will try to be precise and cover all bases FOR his client. Your written concern about the politicization of the judiciary indicates you are ethical. But it DOES take some talent to steal and get away with it, and some lawyers have found big bucks in that.
"They covered their bases pretty well" was what one lawyer told me, before he later lied to me. Another dropped me like a hot potato when I showed him an attorney had deliberately changed a contract (after it was signed, and he did it with more than one, not a "mistake").
My experience with several lawyers (both mine and neutral and those pretending to be mine, then suggesting I should have fired him, having given me damaging advice to the benefit of another of his clients ...) is that they have said one thing, but not done or meant what they said, leaving themselves wiggle room to deny they really meant what they said.
Unless you are a regular and large client, or are willing to spend unlimited funds, you may not get fairly represented. I would "advise" everyone to record every conversation with their lawyer, and get a copy of every document.
I don't take exception to your point about more precision. My point is that being "precisely deceptive" is often the goal of some lawyers. Some perp's are detail minded.
Yes others can lie cheat and steal ... and they do. But attorneys are hired specifically to make sure you are NOT cheated or lied to ... and they are in the position to do great harm by changing a will or a contract or a deed, or withholding important "advice".
As a point of precision, I don't think I'm a "cynic", as you stated.
cyn·ic (snk)
n.
1. A person who believes all people are motivated by selfishness.
2. A person whose outlook is scornfully and often habitually negative.
There are good and honest people out there, some are lawyers. But my comments refer to the many that are dishonest and seem to me to be dominant, because enforcement of rules/laws has been nearly non-existent. "Self-policing" doesn't work.
My comments are based on several direct experiences, not a feeling that all people are liars and cheats. Good people are taken advantage of by conspiring clever fellows, and it isn't only prevalent in big cities, as I see it.
How 'bout that Albert Pujols ? :)
You may be right... however, not all lawyers are the ones who do the writing. Mostly have personal assistants who do the the job of writing for and in behalf of the lawyers. Some are even busy of their cases to check the grammars of their legal researchers or writers.
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