During legal proceedings, precision in language is paramount. This was highlighted recently when a presiding Judge ordered attorneys to attend school after they failed to discern the difference between the words “May Not” and “Does Not”. This curious development offers a stark lesson for those engaged in the legal profession, underlining the absolute necessity for a clear understanding of the language used in their field.
The issue arose nearly a dozen years after the publication of an article discussing the nuances in the meanings of “shall” and “will”. At the time, it was noted that “shall” is sometimes interchangeably used to mean “may” in legal Bylaws, though, interestingly, the consideration of whether “may” could imply “does” was not broached. The incident with the attorneys has therefore brought this often-overlooked linguistic nuance into the spotlight.
How exactly these attorneys misinterpreted the terms is presently unknown, but the Judge’s unusual decision to impose schooling as a corrective measure is indicative of the gravity of the lapse. It sends a clear message about the zero-tolerance approach taken by the court system in these situations, again emphasizing the importance of language understanding and its implications on legal proceedings.
While this incident provides a great opportunity for reflection and learning, it also underscores a key aspect of the legal profession. That is, legal language is distinct, complex, and nuanced, requiring clear interpretation and understanding. Misinterpretations, even of a single term or phrase, can significantly impact the outcomes of proceedings and, ultimately, justice itself.
For further reading, please consider the original discussion of this matter on JDSupra.