Amen to Ted Tjaden for writing this article about why “and/or” should never be used in legal writing.

Although I know that “and/or” has its place – it certainly is economical – that place is not in well-crafted discovery requests. Too often I see it when the drafter of the document simply failed to really think about what he was saying and making a commitment. For some attorneys, use of “and/or” is nearly a reflex, born of the philosophy that “if ‘and’ is good, ‘and/or’ is better!” Yet, in nearly every sentence in which “and/or” appears, the sentence would be clearer and easier to read if the writer simply committed to using one or the other. In crafting discovery that is genuinely attempting to elicit a cogent response from the opposing party, clarity is vital. It helps the other party know exactly what the writer is asking for, and it will help the court find the request clear and reasonable if the other party is non-responsive in the answer.