How do the lawyers do it?

[Phoenix84]

Ok, so for grad school I have to do a paper on the energy reorganization act of 1974. So I get my sources and start reading the act.

Then I encounter paragraphs like this.

"The provisions of this Act shall not affect any proceeding pending, at the time this section takes effect, before the Atomic Energy Commission or any department or agency (or component thereof) functions of which are transferred by this Act; but such proceedings, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until ;modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been disconnected if this Act had not been enacted."

and

"No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of any department or agency, functions of which are transferred by this Act, shall abate by reason of the enactment of this Act. No cause of action by or against any department or agency, functions of which are transferred by this Act, or by or against any officer thereof in his official capacity shall abate by reason of the enactment of this Act."

I can't read stuff like this without my eyes glazing over. Even when I plow through it, I can't even recall what I read in the previous paragraph.

How do lawyers understand this stuff? Is there some trick? And this goes on for 50 pages....

[vonna]

<intently thinking . . . .>

I'm just sure I read a solution to this in another thread . . . .

Oh Yeah!! Wine, lots of wine!


<errrrr... maybe that wasn't it. . .>

[midjd]

No Vonna, you got it ;D

Phoenix, I have to take that kind of language sentence-by-sentence, still... when I was in law school, my reading/homework took 3-4 hours a night. It sucks. I'm sorry.

ETA - in all seriousness, I usually keep a notebook handy and try to translate as I go along, because I know my brain isn't going to retain it.

[swamp]

I print I
The law out, highlite the important parts, and translate in the margins. And I drink a lot.

[seriousthistime]

I agree with both Mid and swamp. I go phrase by phrase, eliminate everything that doesn't apply, and see what's left.

[midjd]

Because (as this board demonstrates every day ;D ) people derive very different meanings from the same set of words. So they have to be uber-specific.

"The provisions of this Act shall not affect any proceeding pending, at the time this section takes effect, before the Atomic Energy Commission or any department or agency (or component thereof) functions of which are transferred by this Act; but such proceedings, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until ;modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been disconnected if this Act had not been enacted."

The gist of that is: "the new law doesn't affect rights/procedures for cases pending under the old law" but if that's all you wrote, everyone would find a way to get around it, or have a million questions - "what about X agency?" "what about appeals?" "what if blah blah blah?"

Hence the legalese

(My employer/supervisors say they can always tell a new graduate by the number of $10 words they use, and they don't like it... there is something to be said for KISS).