Proper Legalese - Shall and Will
I’m writing an Agreement for Judgment, and we want to set out a payment plan for some back rent. I struggled with the difference between using “shall” versus “will.” My first instinct was that “shall” is a stronger command, and that “shall” should be used all the time, even in place of “will.”
But then I came upon this realization: “Shall” is what people do, whereas “will” is what objects do.
For example, “Defendant shall continue to pay rent…” But: “The monthly rent will be $1,000.”
This reasoning stems from the thought that people “should,” therefore they “shall.” Things or objects “are,” and therefore in the future “will be.”
Whew. I feel good about this now. Now I just have to wait for my ulcer to settle down, and then I can get back to work.