What does the term 'should' indicate in legal writing?

In legal writing, the term 'should' typically indicates a preferred action rather than a mandatory requirement. This means that while it is advisable to follow the action suggested by 'should', it does not carry the weight of an obligation. The intent behind using 'should' is to give guidance, suggesting that there are practical or desirable outcomes associated with the action, but it does not compel adherence in all circumstances.

In contrast, terms like 'must' or 'shall' would signify mandatory requirements, indicating that compliance is not optional and must be followed exactly. Therefore, in a legal context, understanding the nuance of terms is crucial for determining the level of obligation associated with certain actions or recommendations. This distinction is essential for interpreting legal documents, contracts, and statutes where compliance might vary based on the wording used.