Wednesday, June 14, 2006

Legal drafting: an expert on notice vs. prior notice

Several months ago, I posted a question about whether, in a drafted document, the word notice includes the concept of prior, so that notice is the same as prior notice.

I then posted a note that a consensus of commenters believe notice includes prior notice.

I quickly followed up with a note that legal-writing expert Bryan Garner believes that notice and prior notice are, and need to be, distinguished in some situations.

My friend Ken Adams, who operates has written a thorough and thoughtful piece on this point, which I recommend. See it on his blog here.

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