At least he doesn't work for Mayor Anthony Williams

I received an email today from a perturbed friend.  He was drafting a response memorandum for submission to his state's highest court.  Here is the source of his consternation:

In one sentence, I was saying that the only way to reach the result the other side was advocating was through an unreasonably restrictive interpretation of one of the court's rules.  I had said something about the niggardly reading of the rule being unwarranted.

As a good lawyer and good writer, he asked some of his peers to review the pleading before its filing.  Can you guess the predominant comment?  The attorneys objected to the use of the word niggardly.

Apparently, these scholars and gentlemen thought that a black associate justice on the court would object.  It follows that these attorneys either didn't know the definition and etymology of the word - or they were unwilling to assume a state-supreme-court justice might recognize that the word niggardly has no relationship with the word nigger.

My friend said it well:

But I cannot imagine her, or for that matter, any law clerk she might hire, as being so grossly stupid as to take offense at a wholly inoffensive adjective that was properly used in the context of the sentence.

If anyone is interested in the etymology of niggardly look here. And in case you missed the reference in the title, look here.

Comments

[Moyer]

One would hope our Supreme Court justices have achieved a mastery of the King's English.

[Christopher King]

I have used "niggardly" on purpose, specifically on race-cases involving discovery motions on behalf of some of my clients, probably 60-70% of whom were black. I am a black, or African-American male. These companies were always white-Caucasian-owned/managed. I usually got my documents but in the long run they got me, and took my license for a year behind some trumped-up charges. As Bruce Cockburn would say.....you pays your money and you take your chance.....

[Learned Foot]

Good writing is good writing. Avoiding the use of a word that, in part, sounds like another word deemed offensive is bizarre. Why on Earth should idiocy be rewarded, or even deferred to?

Holmes was right: "Three generations of imbeciles are enough!"

[Anon]

"Why on Earth should idiocy be rewarded, or even deferred to?"

While the La. Sct. justices are not idiots (and thus, excising niggardly, while prudent, is not required), idiocy should most certainly be rewarded if it means one will win his or her case.

Ah, well, one more writer with your attitude just ensures I remain a hot commodity. Carry on!

[Yogi]

Refusing to bow to dim bulbs, electing not to apologize for the ignorance of others, is to be admired---not scorned.

Far too many seem more than willing to compromise. Lowering standards to please the least common denominator is a badge of shame--hot commodity or not.

[Brad]

If, when he is writing to an appellate court, a lawyer can't use "niggardly" in its proper context, when is the word appropriate? Has the word become obsolete merely because of its unfortunate similarity in pronunciation to a racial epithet? Fortunately, in the case of niggardly, adequate synonyms exist. But what if they didn’t?

Interestingly, The U.S. Supreme Court used the word in 2001 and 1993 - though its use was in quotations. In 1992, Justice Scalia used the word contextually in Cipollone v. Liggett Grp., 505 U.S. 504, 548 (dissenting). Justice Stevens used the word in context in Mallard v. U.S. Dist. Court, 490 U.S. 296, 315 (1989) (dissenting).

The Louisiana Supreme Court has used the word, though not recently. The last two uses were over 20 years ago and were both in a quotation.

Would I use it? I wouldn't hesitate if it were in a quotation. I might also use it in context. But I couldn't be upset if a client or a more experienced attorney objected. I can state with conviction that the racial arrangement of the panel would have nothing to do with my decision. I refuse to be as shallow as to believe that a word that sounds like a black epithet would only be offensive to a black jurist.

[Fletcher Christian]

"The limits of my language mean the limits to my world."

[Gary]

Having clerked for the black justice on the la supreme ct, i can say for sure that neither she nor i would have had a problem with the word. Frankly, only small minds would have a problem with the word. As an educated black man (who happens to be a lawyer)I dont think the term "nigger" refers to me or anyone that looks like me. So if I should by chance come across the word "niggardly" in a brief or pleading to the court, I would not have been offended. In fact, I would be impress with the use of word that clearly illustrates a point or position.