As lawyers, words are our stock in trade. If we want to describe, explain, or persuade, we need to use the right word. The difference between the almost right word and the right word is really a large matter - 'tis the difference between the lightning-bug and the lightning. MARK TWAIN I was blown away by the casual simplicity and clarity of Ed Boltz's explanation of the difference between preemption and preclusion in an exchange that just flew by on the NACBA list serve. (You are a member of NACBA, aren't you?) Ed has kindly permitted me to share here his charge to use the right word. The discussion was originally about the 11th Circuit's decision in Crawford v. LVNV, permitting FDCPA remedies for asserting of a stale claim in Crawford's bankruptcy case. Take it away, Ed. Choose your words carefully It is vital to use terminology precisely, especially as different words cause different results to occur: Preemption is when … [Continue reading...]