“The Government” as a Negative Label?
As we who teach legal analysis and writing teach students how to make the switch from objective to persuasive writing, we often talk about the little things that students can do to their briefs more persuasive.
One fairly obvious technique is for the writer to carefully choose how she wants to label the parties. Calling one party “the Defendant” rather than by his or her given name, for example, tends to de-personalize the defendant. Calling a business entity “the Company,” “the Firm,” or “the Corporation” may trigger for readers certain images or feelings, some of which may be negative. And that may be just what the writer wants if the writer represents a plaintiff alleging a wrong against an impersonal entity. Or, depending on context, maybe those designations are the quickest, easiest way to refer to one of the parties.
But who knew that “the Government” would be considered to a label to avoid—by the government itself?