Wednesday, September 12, 2007

Avoiding acronyms and initials

An attorney wrote this, responding to a Ninth Circuit opinion criticizing overuse of acronyms and initials in environmental-law cases:

“If the [Ninth Circuit] wants attorneys to eschew the use of initials and acronyms in environmental cases, the judges ought to relax page limitations on briefs accordingly.”

I take a different view. I offer these approaches and recommend number 3, admitting that this example is oversimplified but believing that the principle applied in number 3 can work well for most initials and acronyms:

1. The Bureau of Land Management (“BLM”) issued a policy statement on December 5, and the plaintiffs admit they knew about the policy. (R. at 4.) But even if the BLM had never issued a policy statement . . .
  • The Ninth Circuit apparently doesn't like this approach, especially when it multiplies the initials.
2. The Bureau of Land Management (“Bureau”) issued a policy statement on December 5, and the plaintiffs admit they knew about the policy. (R. at 4.) But even if the Bureau had never issued a policy statement . . .
  • This avoids the initials, so the Ninth Circuit would like this approach, I guess.
3. The Bureau of Land Management issued a policy statement on December 5, and the plaintiffs admit they knew about the policy. (R. at 4.) But even if the Bureau had never issued a policy statement . . .
  • If there is only one Bureau mentioned in the document, can't this work?

7 Comments:

Blogger D. Todd Smith said...

I think #3 is fine. I never understood why folks insist on the parenthetical reference when there is no confusion regarding who they're talking about. The sentence is a lot cleaner without it.

6:59 AM  
Blogger Wayne Schiess said...

You are in the minority, Todd. We lawyers are obsessed with defining our terms (the "Defined Terms").

8:06 AM  
Blogger peter said...

One reason I'd err on the side of defining the term is that I'd rather err on the side of obviousness than on the side of ambiguity. If that means sometimes hitting the legal reader over the head with obviousness, so be it. I'd much rather the judge was irritated because he'd gotten the point already than because he wasn't sure which person was being referred to.

Personally, I prefer words to acronyms simply because they typically are easier to associate in my mind's eye with the person to whom they refer. I know what a "Bureau" is likely to be even if I haven't read the definition. I have no idea what a "BLM" is.

8:38 AM  
Blogger H. Dennis Kelly said...

I also prefer #3. I sometimes feel a bit insulted when a writer defines an obvious term, as in #2. I especially dislike it when the term is an individual, e.g., Mr. Wayne Schiess ("Schiess").

8:57 AM  
Blogger Greg May said...

And don't forget those "hereinafters"! As in "Professor Wayne Schiess (hereinafter, "Schiess")

As used in this comment, "you," "your," "Wayne," "Schiess" and "Professor" shall refer to Preofessor Wayne Schiess. "I" shall refer to the undersigned.

I'm with you on No. 3.

Greg May

1:54 AM  
Blogger Seer said...

Environmental cases, though, have so many rules, terms, and acts that I see how the practioners might feel naked and overwhelmed without acronyms. It was enough to cure me of any notion that I wanted to be an environmental lawyer.

10:22 AM  
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