I generally don't talk like this, except to other lawyers. In particular, I try to use plain English to clients who are paying the bills.

I am still not sure that someone who refers to "Shoe" is necessarily a lawyer, either, though he may have taken a business law course in college, or a first year civil procedure course at law school.

Be that as it may, sometimes jargon is an efficient way of discussing concepts well-known to those familiar with the terminology, which can often include non-lawyers, particularly business people.

From nine years in the Navy, and a life membership in the U.S. Naval Institute -- to go with my same-length memberships in the Continental Presidents Club and U.S. Airways Club as assets I could retain even after a malpractice-induced bankruptcy (!) -- I would venture to say that military jargon is equally obtuse.

Or for that matter, in the OMNI forum try to follow ScottC in a computer technical discussion, the literary references of pynchonesque, the mathematical terminology of Cozumel Jen, or the frequent flyer program arcana on a board you seldom visit.

But that does not excuse us for not being more clear, on a board intended for frequent flyers, not lawyers, and I apologize, too.

By the way, smarten, in the interest of full disclosure, do you now or have you ever represented an airline, travel agent, or other client adversely affected by private "sale" of frequent flyer miles, or do you just enjoy lawyerly debate?

My background includes time as an assistant public defender and prosecutor, but in the California State Bar I am currently only an inactive member. Active elsewhere, though!