The Business Writer, the Law, and Routine Business Communication

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Abstract
Business communicators today risk legal liability as courts are increasingly holding writers and their employing organizations responsible for reasonable—although often unintended—interpretations of their routine writing. Research and pedagogy have not kept abreast of this change. Rhetorical theory, particularly a social perspective, provides a useful foundation for understanding judicial resolution of claims arising out of writing; however, theory must also account for factors not encompassed within extended audience analysis. Current texts offer general descriptions of the laws most likely to affect business writers; in addition, writing pedagogy must provide specific strategies for avoiding liability-prone prose.

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