Or at least stop using it all the time without thinking about what it means.
(And the same goes for “in or around”).
This post is aimed at civil litigators, specifically those drafting pleadings and affidavits. I know there’s a proper role for these phrases in other legal documents, like contracts or criminal informations. I’m not talking about that.
What I’m talking about is a notice of civil claim that reads something like this:
On or about July 7, 2018, the plaintiff and defendant entered into the agreement.
In or around August through December, 2018, the plaintiff performed the services under the agreement.
On or about January 2, 2019, the defendant terminated the agreement.
As with many of the bad habits I criticize on this blog, I have been one of the worst offenders. I have used these phrases plenty of times. It only recently occurred to me that they are fairly useless.
First, what do these words mean?
Intended to convey vagueness when it comes to time, these phrases imply that you’re “pretty sure” you know when something happened, but your reader shouldn’t hold you to it.
Really though, how often are we unsure of dates? These days, most things are memorialized in emails, texts, cell phone records, medical records. We usually do know, with relative certainty, what day a contract was signed or a pedestrian was struck or a meeting took place. If we know the date (or can easily find it out), why not just write the date?
And if we aren’t sure of the date? These phrases are fine for those occasions. Used sparingly, they will have greater meaning.
Finally, if you are going to use them, make sure you do so correctly:
If you’re talking about an approximate day, it’s “on or about.” (On or about May 5, 2002.)
If you’re talking about an approximate month or year, it’s “in or around.” (In or around 2002).
