Sounding Dignified

We consider the doctrine that’s on everyone’s lips: uberrimae fidei.

That’s the opening line of a recent opinion authored by Alex Kozinski, chief judge of the United States Court of Appeals for the Ninth Circuit, a man widely admired for his wit, humor, and (relatively) unconventional style of writing.

What’s so unusual about that opening line? Not only does it betray a sense of humor, it contains two instances of something lawyers constantly avoid: contractions.

Q: “Why avoid contractions?”

A: “It sounds informal.”

Q: “What’s wrong with that?”

A: “Well . . . it is just not acceptable in such a solemn and dignified profession as the law.”

Q: (Reviewing an amicus brief authored by A.) “I see you often use which to introduce a restrictive clause. Is that acceptable in such a solemn and dignified profession?”

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