Re: Legal language (was: Which E-mail Disclaimer is Best?)

[Bruce Byfield <bbyfield -at- axionet -dot- com>]

"Hart, Geoff" wrote:
> 
> Not necessarily. I've spoken to lawyers (family friends and otherwise) about
> this, and have heard two mutually contradictory positions. 

A naive cynicism would dismiss this comment as proof of the hypocrisy of
lawyers. However, it's worth pointing out that your lawyer is trying to
defend the company. The most useful strategy for this defence varies
with the circumstance.


> The techwhirler tie-ins? 

Other tie-ins: 

First, it's not unheard of for a tech-writer to work with a lawyer on
such items as an End-User License Agreement or warranties. In this case,
the need for legal protection and clarity can easily come into direct
conflict. In some industries or high-tech areas, a very vocal group of
users wants to know exactly what they are agreeing to. 

Second, just as tech-writers can be the liasion between the developers
and marketers, they can bridge the gap between developers and lawyers.
For example, if the tech-writers have in-depth knowledge of the product,
they can inform the lawyers of potentially dangerous situations that
need to be covered by legal language. Similarly, in my own case, I spent
the better part of the fall of 1999 educating a general counsel in the
intricacies of Open Source licences like the GPL, and discussing how
they might affect a commercial end-user licence. It's true that most
tech-writers aren't legally trained, but they can make lawyers aware of
situations. And, after a while, it's frighteningly easy for someone with
an awareness of language to slip into a lawyer's mindset and actually
make concrete suggestions about how to word clauses.

Third, if you are at all interested in moving along a career path from
tech-writer to product manager or marketing director, this sort of
interaction could eventually form part of your normal job. You might as
well try it out now if you get the chance.

Really, it's not so bad working with a lawyer. Some of them have the
most extensive collection of lawyer jokes that I've heard :-)

-- 
Bruce Byfield 604.421.7177 bbyfield -at- axionet -dot- com

"And the court gave them justice
As justice is given by well-mannered thugs."
-Geoff Pearson, "If They Come In the Morning"

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