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Permissive vs. Obligatory Terms in Law and Ethics

40 0
11.08.2024

Have you ever felt frustrated by “legalese,” the use of highly technical, complex, archaic, and sometimes redundant terms in legal documents such as statutes, contracts, policies, and codes of ethics? Whereas, I heretofore affirm the veracity of the aforementioned assertion, I therefore make oath and give undertaking to verily adopt jargon-free lingua franca in the balance of this treatise. In other words, I’ll try to use plain language.

As mental health professionals (MHPs), we often favor plain language, particularly when communicating with clients. Likewise, attorneys are increasingly encouraged to use plain language, making legal documents and communications more easily understood by their clients and the general public. Still, there are times when word choice is critical, and attorneys will favor particular terms because it is important to convey specific meanings. In this post, let’s explore how different words are used to indicate whether behavioral guidelines are permissive, conditional, or obligatory.

Legal documents use specific terms to indicate whether a particular........

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