Re: what does a patent restrict?

On Mon, 18 Oct 1999, Mr. Hayward <chayward[_at_]hbmaynard.com> wrote:
>
> A technical writer can take a 100 page legal "brief" (boy isn't
> that an oxymoron) and make it into 25 pages (ok, I'm being liberal
> here). Whereas, I've known a few in the legal profession (and
> insurance) who can take this same 100 pages and make it 200 pages.

Mr. Hawyard professes an experience with the law and lawyers, but in making this pretense, his statement proves too much.

There isn't a court in this country whose rules permit the filing of a 100-page brief. Indeed, had he the slightest experience with actual lawyers and lawyering, he would discover that the art of lawyering is to do precisely what he suggests: taking 100 pages of content, and reducing it to the 20-page limits required by most courts.

Even if you could get the permission of the court to file a 100-page brief, to do so would be foolish and futile -- no one, least of all the judge, would read it.

Based upon my substantial experience in this area, it would appear that Mr. H is simply making this up as he goes along.

> This all means, describing what's appropriate and using language that
> conveys meaning. Eliminate unnecessary words, that only cause confusion
> because don't modify anything they make readability a bear. English is
> suitable for description, it all depends on how deep you go. The old
> tech writing adage says, "If it speaks well, it reads well." In other
> words write as you would speak. Transmogrification may work well in a
> brief, but in a conversation, I would think it's difficult.

Putting it well is difficult. Putting it right is harder. Putting it well, right and so it cannot be misunderstood is harder yet. So what?

> I apologize in advance if I have offended anyone out there. I know also
> a great many in the legal profession who do their best to make sense of
> legalese, for those who are less-informed. I understand that this is
> the way it is done, and will remain that way. I just found a little
> humor in how long-winded you can make a subject of discussion.

Pot. Kettle. Black. (Terse enough?)

Andrew C. Greenberg
<werdna[_at_]gate.net> Received on Fri Oct 22 1999 - 03:13:16 GMT