변호사 이재욱의 미국법 이야기 (Attorney Lee's commentary about U.S. law)

http://www.plainlanguage.gov/howto/guidelines/federalplguidelines/federalplguidelines.pdf

ge Guidelines, March 2011,
Rev. 1, May 2011 25
iv. Use “must” to indicate requirements
The word “must” is the clearest way to convey to your audience that they have to do
something. “Shall” is one of those officious and obsolete words that has encumbered
legal style writing for many years. The message that “shall” sends to the audience is,
“this is deadly material.” “Shall” is also obsolete. When was the last time you heard it
used in everyday speech?
Besides being outdated, “shall” is imprecise. It can indicate either an obligation or a
prediction. Dropping “shall” is a major step in making your document more userfriendly. Don’t be intimidated by the argument that using “must” will lead to a lawsuit.
Many agencies already use the word “must” to convey obligations. The US Courts are
eliminating “shall” in favor of “must” in their Rules of Procedure. One example of these
rules is cited below.
Instead of using “shall”, use:
“must” for an obligation,
“must not” for a prohibition,
“may” for a discretionary action, and
“should” for a recommendation.
The following example demonstrates how much clearer language can be if you follow
these suggestions.
Don’t say Say
Section 5511.1 Free Use of Timber on
Oil and Gas Leases
a. Any oil or gas lessee who wishes
to use timber for fuel in drilling
operations shall file an
application therefore with the
officer who issued the lease.
b. The applicant shall be notified by
registered mail in all cases where
the permit applied for is not
granted, and shall be given 30
Section 5511.1 Free Use of Timber on Oil
and Gas Leases
a. You must file an application to use
the timber on your oil or gas lease
for fuel. File the application with
our office where you got your lease.
b. We will notify you by registered
mail if we reject your application.
You must file an appeal of that
decision within 30 days.
c. You must notify any settler, by