Should Lawyers Use The Word “Presently”?

One of the best things about having this site is that I’m constantly learning things. All sorts of things. Below is an email sent to me by a lawyer who wishes to remain anonymous. I’ve slightly edited his email and with his permission, turned it into a post.  Enjoy:

“I enjoy your Connecticut law blog very much. One thing, though, bothers me as a lawyer: Your use of the word ‘presently,’ as in this sentence:

This comes at a time when foreclosures and seriously delinquent home loans in Connecticut jumped more than a full percentage point in the last quarter of 2009. Connecticut’s foreclosure problems are presently getting worse.

When I was trained as a  lawyer in the 1970s, a senior partner told me if I ever used ‘presently’ in a contract to convey the concept of ‘currently,’ ‘at present’ or ‘now,’ he would beat me with a stick. This is because ‘presently’ inherently is ambiguous.

Its historical meaning is ‘in the near future’ as in ‘I will attend to your needs presently, Watson.’ In modern American usage, a different meaning has been creeping in, as your blog entry shows.

You are not alone in using ‘presently’ as a synonym for ‘currently;’ indeed, you are quite modern. But you may be creating ambiguity out there and, certainly, you are adding a discordant note in an otherwise flawless score, at least to this blog reader.

P.S. I saw with amusement in one of your earlier postings that at least one Connecticut court also misused ‘presently.'”

See here:

What are the requirements for a valid marriage ceremony in Connecticut?

1. The physical presence of the parties before an official licensed to perform a marriage ceremony in Connecticut; and  2. A third party official must witness or officiate at a ceremony herein the parties each presently consent to marriage. Hames v. Hames, 163 Conn. 588 (1972).

So, the ambiguity I reference above might have interesting — and absurd — consequences in the context of Connecticut marriage.

Ryan McKeen is a trial attorney at Connecticut Trial Firm, LLC in Glastonbury, Connecticut. In 2016, he was honored by the CT Personal Injury Hall of Fame for securing one of the highest settlements in the state. He is a New Leader in the Law. ABA 100. Avvo 10. 40 under 40 for Hartford Business Journal. He has been quoted in Time Magazine, the New York Times, Hartford Courant, Wall Street Journal Law Blog and the Hartford Business Journal. He focuses his practice on Connecticut Personal Injury law. He loves what he does. Contact him ryan@cttrialfirm.com or 860 471 8333

Call Now Button