More is not always better
Unless, of course, you like powdered wigs

Contraction reaction

Over at California Blog of Appeal, Greg May asked readers for their views on using contractions in legal writing, and received a variety of responses. I have my own opinion on that topic, which I left in a comment on Greg’s blog. Here, I want to relate not an opinion, but a fact: Seventh Circuit Judge Richard Posner—regarded by many as one of today’s finest judicial writers—frequently uses contractions in his legal opinions. Here are just two examples which I happened to come across today:

  • In re James Wilson Assocs., 965 F.2d 160 (7th Cir. 1992): six contractions.
  • Dura Automotive Sys. of Ind., Inc. v. CTS Corp., 285 F.3d 609 (7th Cir. 2002): four contractions.

To those who think contractions have no place in legal briefs, I put this question: If contractions are good enough for Judge Posner’s published opinions, why are they not good enough for a brief to be submitted to, say, Judge Posner?

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p.s. One more Posner decision, which I happened to read today: Allan Block Corp. v. County Materials Corp., 512 F.3d 912 (7th Cir. 2008)— four contractions.

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