Legal professionals are often tasked with deciphering the nuanced language of laws and legal contracts. A striking example of this lies in Section 5342(e) of the California Corporations Code. This provision requires a nonprofit public benefit corporation, upon request of a member, to either allow inspection and copying of all members’ names, addresses or voting rights or to provide an alphabetized list of the names, addresses, and voting rights of those members entitled to vote for the election of directors. What makes this regulation especially interesting is the phrase “as soon as reasonably possible” which is employed to set the timeframe in which the corporation must act.
Laws and legal rulings are often filled with adjectives like “reasonable” that serve to introduce flexibility into the requirements. Yet while this flexibility can mitigate some difficulties, it can also introduce ambiguity. In this case, confusion can arise over what it means to act “as soon as reasonably possible.” Does perfecting compliance at once take precedence over perfecting compliance in a reasonable time frame, or does the law imply an obligation to balance the two? These are some of the questions that arise when navigating such legal terrains.
The term “reasonable” can also be viewed from a cultural perspective, depending on who is defining the standard.
As lawyers, being able to predict what ‘reasonable’ means in different contexts can be challenging – but it is also an essential part of the job. It is challenges like this that make the practice of law a continually engaging profession, offering unique queries and puzzles for legal professionals to ponder and solve.
You can learn more about this intriguing aspect of statutory interpretation by reading a comprehensive article recently published on JD Supra by outlined in the law firm Allen Matkins, which provides a more detailed exploration of the topic.