Indiana Business Law Blog
The Chicago Picasso in Daley Plaza, copyright 2023 Harshman Ponist Smith & Rayl
Lawyers and others often say that “may” is permissive and “shall” is mandatory. By that, they mean that when a statute says a person “may” do something, that person has the discretion to do it or not, but when a statute says a person “shall” do something, the person has no choice. Or, as the Drafting Manual for the Indiana General Assembly puts it:
To create a duty, say “shall.”