3. Your vs You’re

You're is a contraction of "you are". For example, “You're wrong about that.”

Your is a possessive pronoun (the possessive form of the pronoun “you”). For example, “I like your style, Julie.”

Showing both: "Your fancy footwork tells us that you're an accomplished dancer.”

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3. Your vs You’re (cont’d)

Real example from a student’s assignment:

“You’re use of that material . . .”

Correct: “Your use of that material . . .”

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4. They’re/Their/There

Also be careful when using they’re/their/there.

“They’re” is the contraction of they are. “Their” is the possessive form of they. “There” refers to a place or declares the existence of something.

Warning: You should generally avoid using contractions (you’re, they’re, etc.) in formal writing, including court submissions.

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Clanger!

• It’s a clanger to write, “Your a top lawyer, Dan.” Dan will wince.

•More clangers. “Its your fault!” “The law firm was counting it’s money”.

•Suggest two more clangers…

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5.Subject/Verb Agreement

Identify the subject of the sentence and make sure the verb form matches.

If your subject is singular, your verb should be, too.

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5.Subject/Verb Agreement (cont’d)

Real example:

“The issue of 5000 shares to Mr Hodge were for a proper purpose.”

Correct: “The issue of 5000 shares to Mr Hodge was for a proper purpose.”

Note: the subject here is “the issue”, not “5000 shares”.

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5.Subject/Verb Agreement (cont’d)

Real example:

“The first consultation and this letter of advice is free.”

Correct: “The first consultation and this letter of advice are free.”

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6.Noun and pronoun must agree

A singular noun takes a singular pronoun (eg, he, she, his, her, its), not a plural pronoun (eg, they, their), and vice versa. For example:

•The witness gave his testimony.

•The defendant spoke to her solicitor.

•The directors breached their duty to the company.

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(cont’d)

Caution: Non-Gender-Specific Nouns and Gender-Neutral

Writing

English has traditionally used the pronouns “he” and “his” to refer to nouns encompassing both genders, such as the “reasonable person”. Now an increasing number of people find this construction limiting and criticize that it can Unfortunately, some attempts to write in a more gender- perpetuate gender stereotypes.

neutral style are not grammatical. For example, in an attempt to avoid sexism, one textbook states: “Assault – would a reasonable person have been put in fear of their safety.” Even the Corporations Act gets this wrong: see, e.g., s 183 (“a person who obtains information because they are . . .”). Avoid this construction – it is wrong.

See The Elements of Style (4th Ed.) at 60; Meehan and Tulloch, Grammar for Lawyers (2d Ed.) at 87.

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