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Question of the Week

Do U Think Acronyms R an Epidemic?

Posted Sep 30, 2009 1:05 PM CST
By Sarah Randag

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This week, a California appeals judge took issue in an opinion with lawyers' descent "into an alphabet soup of jargon-based acronyms” in their briefs.

From a footnote in Judge David Sills' opinion: “Consider, for example, this sentence, committed on page 32 of the appellant’s opening brief: ‘In June 22, 2000, CARB adopted an SCM for AIM coatings.’ Huh?” He later laments that "there are no rehab clinics for acronym addicts.”

What we'd like to hear from you: Have acronyms in legal filings become an epidemic, or can they not be avoided?

And, while maybe this is a horse of another color, also feel free to weigh in on the new wave of acronyms and shorthand that have developed in this age of text messaging, Twitter and Facebook. Are they a necessary evil, or just plain sloppy—not to mention constantly sending you running to UrbanDictionary.com to figure out what they mean?

Answer in the comments below.

Read the answers to last week's question: When Confronted with Incivility, How Do You Handle It?

Featured Answer:

Posted by CM: I was proud of one of my partners when she told a screaming adversary on the phone “I’m sorry, I have teenagers, and I’ve discovered that the louder someone talks to me, the less I can hear. Please call me back when you can speak to me at a normal volume.”

Comments

1.

B. McLeod
Sep 30, 2009 1:40 PM CST

Certainly some acronyms have become so common that they have entered common speech and are as readily understood as the full name of the entity or thing referred to (e.g., NAACP, FDIC, YMCA, PETA, QDRO, GIC, etc.)

Beyond that, some types of filings (particularly in appellate contexts) maybe subject to page limits such that it is useful for that reason to define an acronym or short-form reference term for entities or things with very long names.  Ordinarily the full name should be used for the first reference, followed by a parenthetical introducing the acronym or short-form reference, as for example, “(hereinafter ‘[acronym]’).”  In this fashion, you basically tell the reader at the start what the acronym means (so they should not have to refer to an external dictionary).  Another (but in my opinion, less useful) approach is to include a glossary of defined terms at the back.  This can disrupt the intended flow of written communication, as the reader has to keep flipping to the glossary to see what is meant.

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2.

LegalLady
Oct 1, 2009 7:49 AM CST

I really do not understand the title of this article since “R” and “U” are not acronyms.

I have found that acronyms can be quite useful in both written and oral communication.  I agree with B. McLeod’s perspective on this.

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3.

Jackcatscal
Oct 1, 2009 12:50 PM CST

Counsellor McLeod:  “QDRO” and “GIC” have entered common speech and are readily understood?  Not in this part of the world.  That, IMHO (how’s that one?) makes them jargon.  Kinda proves the judge’s point.

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4.

B. McLeod
Oct 2, 2009 4:32 AM CST

Exceptions can, of course, be made in Brigadoon (and any similar location 50 years or more from the nearest road junction).

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5.

tim
Oct 2, 2009 6:33 AM CST

English changes with the times.  50 years from now our legal briefs will look like the short hand text messages we send today.

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6.

Jenny
Oct 2, 2009 6:34 AM CST

I enjoy the use of acronyms (e.g. RADAR for radio detecting and ranging) less than the abbreviations and shorthand common in texting (e.g. C U L8R). The former should be limited to nouns (e.g. FMLA but not OMG!) and defined if not commonly understood. The latter have no place in the professional world. TTFN.

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7.

db
Oct 2, 2009 6:37 AM CST

In the example offensive sentence, only 2 of the three items are acronyms. The other is an abbreviation. Abbreviations and acronyms can be quite useful so long as the terms for which they stand are properly identified when first used - and perhaps again if the article is quite long.

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8.

Fed
Oct 2, 2009 7:48 AM CST

I think this question should have been posed to the federal government about 30 years ago.  That said, I use the same rule-of-thumb for acronyms as I do all legal writing:  if it causes the reader to pause or stumble, leave it out.  It’s a lot easier to read a sentence when the subject is “the Association” as opposed to GHDJA (I made that up…but it’s probably a real acronym).

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9.

Dan Waddell
Oct 2, 2009 7:51 AM CST

I agree with db (#7), but wish he/she would have explained why, for general enlightenment.  An acronym is an abbreviation that is pronounced as if it were a word (NASA, Radar, PETA, e.g.).  If the letters are simply spoken as letters (YMCA, NAACP, FBI), it is merely an abbreviation, not an acronym.

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10.

david lennhoff
Oct 2, 2009 7:54 AM CST

seems to be some confusion on the difference between an acronym and an initialism.

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11.

Lily
Oct 2, 2009 8:01 AM CST

The worst offender of this has to be the federal government.  There are acronyms within acronyms.  The “P” in LPO stands for PICS.  Acronyms are made into verbs and adjectives.  I laughed out loud the first time someone asked me whether a document was FOIAble.

No one ever wants to get caught not knowing an acronym.  They will pretend to know it, nod along, and then Google it when they get back to their desk.

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12.

david
Oct 2, 2009 8:25 AM CST

I adopt Jenny’s (#6) comments, and add: u will 4get ow 2 spell if u do dis 2 much.

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13.

MLH
Oct 2, 2009 8:28 AM CST

From my perspective, it doesn’t matter whether we are talking about acronyms or abbreviations or initialisms. The reality is that our goal when we write is to communicate with the reader, to inform or persuade. If the shortened version of the text makes it more difficult for our audience to understand what we are trying to say, we lessen the impact of our writing. It is important for us to know our intended audience and to make a careful assessment of whether the readers will find a particular abbreviation or acronym troublesome.  We musn’t assume that because an abbreviation is automatic and easy for us that our audience will necessarily feel the same way.  It’s particularly disruptive when a writer uses multiple acronyms in the same document, as even intelligent readers may have to flip back to where the acronym is defined in order to understand the passage.  When in doubt, spell it out.

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14.

Sandra
Oct 2, 2009 8:29 AM CST

IMHO Yes

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15.

Jim Kennedy
Oct 2, 2009 8:31 AM CST

The use of acronyms and abbreviations are inevitable and indispensable in most or all businesses and professions.  The use of texting shorthand is as useful as traditional shorthand once was before dictating equipment was invented.  However, I find the thought that one day lawyers will write a pleading or brief that uses “u” for “you” or “r” for “are” nauseating and I am pleased to know that I won’t be around to see it or be tempted to do it.

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16.

WRT
Oct 2, 2009 8:46 AM CST

The use of these acronyms and “chatspeak” is not only intellectually lazy and sloppy but also rude.  There is no more reason to expect that the recipient of these messages understands the acronyms and abbreviations than there is to assume they would understand Latin or French.  (And that works both ways.  Keep that in mind you classically trained professors and justices.) 
I am a 60 year old third year law student.  I have never sent a text message or instant message or Tweet.  I have no Facebook or Myspace page.  But, before the younger people in the audience start blasting me as an “old geezer” and Ludite, I come to the law from over 35 years of experience as an electronics engineer.  I did not grow up in the computer generation.  I and others like me gave birth to it.  I was playing games online before personal computers existed and before most of you were born, and I am still active today.
I always “chat” using complete sentences that are properly capitalized and punctuated.  When someone expresses gratitude with a “ty” or “thx” for some favor, I reply with “You are most welcome.”  Interestingly, the tone of the entire conversation changes.  The other speaker almost invariably responds with a complete sentence and I know that I have their full attention.  What was merely talking becomes communication.
The rules of etiquette are born from lessons learned from centuries of experience.  To those of you who say you have no time for such insignificant bother, I say you have no idea what those few seconds cost you.

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17.

fairkid
Oct 2, 2009 9:04 AM CST

I don’t have a problem with acronyms, as long as they’re spelled out at the beginning of the writing so someone unfamiliar with it knows what you’re talkiing about.  Shorthand texting, on the other hand, drives me nuts.  I think it’s a way to circumvent the obvious fact one does not know how to spell, or yet another deplorable example of laziness.  If you can’t write the word out while texting, IMing (oh!  another acronym!), or emailing, perhaps you should be using the phone.  It’s much more efficient than forcing the reader to figure out what you’re trying to say.  Not only that, in our profession, do you really want a shorthand text message to show up in response to a discovery request?  OMG, not cool.  Just imagine all the peeps ROFL when they C UR text.

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18.

Government Attorney
Oct 2, 2009 9:43 AM CST

I am a government attorney, and yes, the acronyms get a bit crazy at times.  They do serve a useful purpose, however.  Who would want to read “Magnuson-Stevens Fishery Conservation and Management Act” 20 times in a brief, rather than “MSA?”

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19.

FSW
Oct 2, 2009 10:15 AM CST

I agree wholeheartedly with #13 and #16.  I am 68, practicing for 45 years.  I have written 100’s of motion and trial briefs and a bunch of appellate briefs.  My second computer was an IBM 8088.  Whenever there is a long cumbersome name that must be repeated several times in a brief, I strive to find a shorter reference that is easily understood.  I avoid unfamiliar acronyms and initials like the plague.  As a simple example, for “John Smith, Plaintiff” I would use John or Smith, not Plaintiff, and never JS.  Again, the object is to communicate.

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20.

Amanda
Oct 2, 2009 10:40 AM CST

Thank you, WRT.  ( “you have no idea what those few seconds cost you” - #16)

I am the younger generation.  I met my husband online.  We chatted for months on instant messenger before meeting (six years ago now).  He held my attention by using complete sentences and an interesting vocabulary.  No one does that anymore.  Even when they’re supposedly trying to make an impression.

The center of this debate isn’t acronym v. abbreviation or acceptable v. confusing….  those can be argued forever.  No hard and fast rules will emerge because every situation must be evaluated differently.

But in each situation, your language defines you for your reader.  Respect that power.  The “men” among us will be separated from the “boys” by the words we choose.

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21.

Gerard Lafond
Oct 2, 2009 11:51 AM CST

Save a tree when you can.  For the sake of brevity (and the sanity of the reader) the appropriate use of acronyms is essential in legal briefs.  As for the use of “acronyms and shorthand” on Facebook and Twitter, mastery of this form of communication is essential for communication with anyone under 25 or so, and is sort of fun.  Sadly, though, the proliferation of this writing style seemingly parallels a general deterioration of the ability of the populace to write correctly, on or offline.

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22.

JB
Oct 2, 2009 5:33 PM CST

Use of acronyms, abbreviations, etc. is appropriate depending on the audience.  My legal practice is in oil and gas law, and I am also a petroleum engineer.  You would not believe the vastness of the terms used in this industry that are commonplace and easily understood by those of us in the business, but which would be indecipherable gibberish to others.  As in any other realm, write for your audience; if you are confident that they will understand the shorthand, great!  Otherwise spell it out.

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23.

Marian Kurtz Hurley
Oct 2, 2009 5:57 PM CST

I have worked in the Ferederal Government for over 33 years (forgive me). When using an acronym, it is standard procedure to use the spelled-out word, followed by the acronym, which is thereafter used. (especially when writing for persons who may/may not be familiar with the content of your article) That way, someone unfamiliar with it has the reference. Not a big problem.

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24.

BMF
Oct 2, 2009 6:45 PM CST

I’d like to add one thing to McLeod @1: If you put the definition in boldface type in a long brief, they stand out for easy reference for someone who may need to refer back to it.

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25.

Alan M Ehrlich
Oct 2, 2009 6:55 PM CST

First and foremost.  In your example, SCM is not an acronym.  Acronyms are supposed to be initialisms that themsleves can be sounded out as a word, e.g., laser, radar, snafu, or in your example, CARB and AIM.  But in this day and age of imprecise use of language, acronym has become any abbreviation.  WRONG!!!

Of course, any criticism of overuse of acronyms extends to abbreviations as well.

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26.

Robert
Oct 4, 2009 6:47 AM CST

Y

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27.

Dave
Oct 7, 2009 11:20 AM CST

I suppose in a patent infringement case about a particular type of mechanical device you might have to reference the actions of the PTO in issuing a patent claiming a PTO when you file your PTO.

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28.

john bredell
Oct 9, 2009 7:35 AM CST

In my jurisdiction, we experimented with a unified court system.  I was trying an auto accident case in front of a judge who typically handled more mundane cases, like landlord tenant and traffic tickets.  The defense lawyer objected that “I was trying to impeach the IME” (which I was doing quite effectively).  After a few minutes of argument, the judge asked us to approach the bench. With her hand over the microphone, she aske “What’s an IME?”  We told her it was an independent medical exam and we still got blank stares.  She then asked me to define an IME for the jury. As the plaintiff’s lawyer, I rose and explained that an IME is a medical exam typically arranged by an insurance adjuster to reach the conclusion you are looking for.  Twilight Zone moment.  I won.

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29.

Greg
Oct 9, 2009 11:30 AM CST

Acronyms are great when the reader knows what they mean.  Newfangled acronyms should never be used.

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30.

Daniel Reitman
Oct 9, 2009 11:36 AM CST

The use of acronyms depends on the context.  I sometimes have to remember not to use “RFP” or “TRO” when talking to clients.  Probably the most confusing acronym I encounter with frequency is “USA,” which in Oregon domestic practice means Uniform Support Affidavit.

On the other hand, when I was in law school, I saw a cartoon about the alphabet soup that is modern environmental law.  If I recall correctly, the punch line was “The NRDC may SUE.”

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31.

Luis Volta
Oct 9, 2009 1:42 PM CST

Good comments! Some of them have very good points: #9 explains the difference between acronyms and abbreviation—#12 tells you that overusing them will make you forget correct spelling—#13 says that is important to remember your intended audience—#17 shows a great point, that maybe shorthand texts may be used out of laziness or lack of proper spelling.
  A.I believe that some acronyms are justifiable:
      1.If same name will be repeated many times in a long document, and the name is a long one; as #18 uses as example:”Magnuson-Srevens Fishery and Management” compare to “MSA”
      2.The acronym is defined in parenthesis and boldfaced type the first time on the text, specially for an uncommon one.
  B.Not justifiable:
      1.If it’s done to impress your audience.
      2.In legal or official documents. Unless
        A-1, and A-2 applies.

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32.

Avon
Oct 9, 2009 7:43 PM CST

I love #28.  Acronyms are delightful when their overuse shoots itself in the foot.  Though I agree that “radar,” “CATscan” and “Aids” are useful shortcuts, to the point where saying their whole words would leave people far more clueless than using the acronym.
I don’t agree that the initials for something necessarily constitute an acronym.  I think it’s only an acronym if it’s pronounced as a word.  IMHO, IMHO is not an acronym because nobody (as far as I know) pronounces it “I’m ho”.
My favorite ridicule of an acronym is in a rant by Hawkeye Pierce about a stupid order from a commanding officer visiting his MASH, when he responds to acronym jargon by suggesting that the guy go to CentComm and get promoted to NinComPoop.  (Though those two specific examples aren’t acronyms either.)

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