[timwiseman]

While I fully understand that good lawyers will try to make most contracts clear and unambiguous, the amount of detail that entails can make it difficult for the average person to read.

As an anecdotal example, when I purchased my house, the purchase agreement, loan documents, and associated paperwork were nearly a hundred pages for a standard purchase. I read all of it, and I had to ask numerous questions of my real estate agent before I thought I understood all that I needed. I think I can say as a simple matter of fact that I am more educated than an average person in the United States (I hold a bachelor's with some graduate level work completed and am currently applying to law school.) If I found it this challenging, then even if the intention was to be clear and unambigious it is likely to be highly confusing to an average purchaser.

On a slight tangent, since you mentioned the importance of rhetoric, would you have any advice on learning the art? You have previously recommended practice and study of the classics and of P.G. Wodehouse in particular as good ways to improve writing skills, but do you have any specific recommendations for rhetoric?

[grellas]

No doubt that much legal writing becomes complex because of the subject matter. To that extent, complexity can be unavoidable. And, while this may render the writing obtuse owing to the complexity, this is different from obfuscation. Very frustrating, I know, but this is the nature of the subject.

Concerning rhetoric, classical resources are vast, ranging from works by Aristotle to Cicero to many others. An excellent modern resource is Edward P.J. Corbett, Classical Rhetoric for the Modern Student (Oxford University Press 1965) (this work was updated later by editors who sought to make it "relevant" for the 1970s, and much diminished as a result - get the earlier edition through Abebooks if possible).

[timwiseman]

Thank you.