Why are litigation letters often so dreadful?

Why are litigation letters often so dreadful?

I picked this old article up from a tweet by Jack of Kent (David Allen Green), the author.

It’s reminiscent of the kind of tone I sometimes hit when translating similar correspondence by German lawyers.

The authors of this dreadful correspondence will invariably profess themselves “surprised” or “astonished” (or even “surprised and astonished”). They are “bewildered” and “confused” and sometimes “shocked”. If any of these assertions were literally true then the dispute resolution departments of many law firms must be in a constant state of noisy hyper-ventilation. It would be close to a national medical emergency.

The comments are good too. Anonymous writes:

David,

I am dismayed and surprised to read this post. The allegations are bewildering when they are not misconceived and illiberal.

I await your response within fourteen days.

I wonder if Rupert Haigh’s Oxford Handbook of Legal Correspondence advises this kind of thing.

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