
- •The Grammatical Lawyer
- •Intro – Why Grammar
- •GRAMMAR MATTERS!
- •Entering a legal dispute with poor grammar and expression can be, in Sean
- ••Using good grammar is part of Plain English. Plain English is clear English.
- •Building blocks: noun, verb, sentence
- •These items are called “parts of speech”
- ••So, let’s look at some of the main rules and frequent errors in
- •The 15 Fundamentals
- •1. Apostrophes
- •1. Apostrophes (cont’d)
- •1. Apostrophes (cont’d)
- •Real Examples (from
- •Real Examples
- •Real Examples
- •Real Examples
- •2. It’s vs Its (cont’d)
- •3. Your vs You’re
- •3. Your vs You’re (cont’d)
- •4. They’re/Their/There
- •Clanger!
- •5.Subject/Verb Agreement
- •5.Subject/Verb Agreement (cont’d)
- •5.Subject/Verb Agreement
- •5.Subject/Verb Agreement (cont’d)
- •6.Noun and pronoun must agree
- •(cont’d)
- •6.Noun/Pronoun Agreement
- •6.Noun/Pronoun Agreement (cont’d)
- •6.Noun/Pronoun Agreement (cont’d)
- •7. Consistency of
- •7. Consistency of Tense
- •8. Run-on Sentences
- •8. Run-on Sentences
- •8. Run-on Sentences
- •8. Run-on Sentences
- •(cont’d)
- •8. Run-on Sentences
- •8. Run-on Sentences
- •8. Run-on Sentences
- •8. Run-on Sentences
- •9. Semicolons and
- •9. Semicolons and Colons
- •9. Semicolons and Colons
- •9. Semicolons and Colons
- •10. Commas
- •10. Commas (cont’d)
- •10. Commas (cont’d)
- •10. Commas (cont’d)
- •10. Commas (cont’d)
- •10. Commas (cont’d)
- •Participles
- •11. Dangling Participles
- •12.Random Capitalization
- •12. Random Capitalization
- •12. Random Capitalization
- •(cont’d)
- •13. Missing Punctuation
- •(cont’d)
- •14. Missing spaces
- •14. Missing Spaces
- •14. Missing Spaces
- •15. Write Complete
- •15. Complete Sentences
- •If you study and use these 15 Fundamentals, you will be well armed
- •This concludes the grammar portion of our seminar.
- •Five Rules Plus Some
- •The First Five Rules
- •1. Write As Plainly As Possible
- •2. Avoid Long Sentences
- •3. Use the Active Voice
- •3. Use the Active Voice
- •3. Use the Active Voice
- •4. Avoid Archaic Words
- •4. Avoid Archaic Words
- •4. Avoid Archaic Words
- •phrasing of Strunk and White’s Most Famous Rule: “Omit Needless Words”
- •5. “Omit Needless Words”
- •5. “Omit Needless Words”
- •5. “Omit Needless Words”
- •5. “Omit Needless Words”
- •5. “Omit Needless Words”
- •5. “Omit Needless Words”
- •6. Proper
- •6. Proper Paragraphing
- •6. Proper Paragraphing
- •6. Proper Paragraphing
- •7. Get Names Right
- •7. Get Names Right
- •8. Avoid First Names
- •8. Avoid First Names (cont’d)
- •Beware Sexist
- •9. Beware Sexist Traps
- •Mean
- •11. Proofread, Proofread,
- •(cont’d)
- •(cont’d)
- •(cont’d)
- •Words
- •13. Beware of “It” and
- •So, grammarian, pick the errors:
- •QUIZ TIME
- •Bibliography/
- •Bibliography/

6.Noun/Pronoun Agreement
(cont’d)
Easy grammatical ways to cut down on your use of “he” or “his”:
•Write “he or she” or “his or her”. “Each company director must comply with his or her duties.”
•Switch it up. Use “he” in some examples and “she” in others. “Each director must comply with her duties.”
•Write in the plural, thus avoiding the need to pick between “he” and “she”. Eg, “Directors must comply with their duties.”
See The Elements of Style (4th Ed.) at 60; Meehan and |
31 |
Tulloch, Grammar for Lawyers (2d Ed.) at 87. |
|

6.Noun/Pronoun Agreement (cont’d)
Easy grammatical ways to cut down on your use of “he” or “his” (cont’d):
•Use the second person. “As a director, you must comply with various duties.”
•Eliminate the pronoun altogether:
•Repeat the noun instead of using a pronoun. This often has the added benefit of aiding clarity. “Directors must comply with the full panoply of directors’ duties.”
•Re-write so no noun or pronoun is necessary. “Directors must comply with a myriad of duties.”
See The Elements of Style (4th Ed.) at 60; Meehan and |
32 |
Tulloch, Grammar for Lawyers (2d Ed.) at 87. |
|

6.Noun/Pronoun Agreement (cont’d)
Real example:
“Each party will bear their own costs of providing their services to the Joint Venture.”
Correct: “Each party will bear its own costs of providing its services to the Joint Venture.”
33

7. Consistency of
Tense
Beware of jumping tenses.
“Always be consistent about the tense of the verb. If you write about something in the past, you should keep in the past all the way through your piece of writing. Don’t mix the past with the present.”
Source: Mentor Learning Series: Grammar at 19.
34

7. Consistency of Tense
(cont’d)
Real example:
“The defendant wants to go to rehabilitation but he did not know any places to find help.”
Correct: “The defendant wants to go to rehabilitation but he does not know any places to find help.”
35

8. Run-on
Sentences
Statements with a subject and verb that could stand alone as their own sentences are called independent clauses.
Examples: “I like litigation.” “It makes me rich.”
Do not join independent clauses with simply a comma.
Avoid: “I like litigation, it makes me rich.”
Source: Strunk and White, The Elements of Style (4th ed.) |
at 5-8. |
36

8. Run-on Sentences
(cont’d)
When you have two or more independent clauses:
End the first with a full stop (period) followed by a new sentence.
For example, “I like litigation. It makes me rich.”
or . . .
Source: Strunk and White, The Elements of |
|
Style (4th ed.) at 5-8. |
37 |

8. Run-on Sentences
(cont’d)
When you have two or more independent clauses (cont’d):
Separate with a comma followed by a conjunction (and, but, as (meaning “because”), for, or, nor or while (meaning “and at the same time”)).
For example, “I like litigation, as it makes me rich.”
ed.) |
Source: Strunk and White, The Elements of Style |
(4th |
at 5-8. |
|
38

8. Run-on Sentences
(cont’d)
If you do not want to use a full stop or a conjunction, in some cases you may join the two independent clauses with a:
semicolon [;] (to indicate closely related thoughts);
or
colon [:] (if the second clause interprets or amplifies the first).
For example, “I like litigation; it makes me rich.” or “I like litigation: it makes me rich.”
Source: Strunk and White, The Elements of Style |
(4th |
ed.) at 5-8. |
|
39

8. Run-on Sentences
(cont’d)
But do not connect these separate complete ideas with simply a comma.
That creates a run-on sentence, which is incorrect. Wrong: “I like litigation, it makes me rich.”
Ed.) |
Source: Strunk and White, The Elements of Style (4th |
at 5-6. |
40