Saturday, July 20, 2013

What's the Word?

Although I have not yet begun law school, working for a law firm has illustrated the importance and complexity of correct grammar, syntax and wording necessary for legal writing.  When I began my job as a paralegal I knew one of my main responsibilities was going to be drafting and editing a wide variety of legal documents, yet I was nervous because I really had no experience in that specific regard.  I have always enjoyed writing and expressing emotions and arguments through words, but allowed myself to be lax in the details of perfect grammar and syntax because I felt the idea I was conveying was most important.  Legal writing is unique because the idea and message you're conveying is equally as important to specific writing details, with both needing to be as close to perfection as possible.  

Scrolling through legal blogs I came across one called Forum Legal, authored by Rupert Haigh, which focuses primarily on the details of legal writing and the necessary rules to follow.  It's important to note that there is no significant difference between legal writing and any other form of writing, except the syntax and vocabulary used.  One post in particular from Rupert's blog that stood out was a post where he breaks down the difference and usage of Who, Whom, Which, and That.  I can personally attest that understanding the proper times to use Who or Whom is something I have encountered on several occasions. 

Who or Whom?
The basic distinction between the two is that "who" acts as the subject of a verb, while "whom" acts as the object of a verb or preposition.  I actually had to look up a few examples to make sure I understood, because in common everyday speech it really is not that important.  However, when I am drafting or editing contracts or other documents, the proper distinction between the two is critical.  As with any official binding legal contract, every line must be air tight with no room for any possible outcome other than the terms set forth.  

Example: Whom are you going to believe, me or your own two eyes?
Example: I saw James, who was a former client of mine.

Several times at work when I have been trying to solve the "who" or "whom " dilemma I am reminded to a brief scene from my favorite show The Office.  Perhaps this will help some, or at least provide a quick laugh!



Which or That?
The usage and difference between "which" or "that" is the other grammatical dilemma broken down in the Forum Legal blog.  As Rupert explains, the two terms are nearly interchangeable but there are a few clear guidelines to follow.  Both terms can be used when introducing clauses that identify or define.

Example: A paper which explains the relation between supply and demand.
Example: A paper that explains the relation between supply and demand.

Rupert's post goes on to explain that one should use "which" but never "that" when introducing a clause that gives additional information

Example: The car, which achieves 30 mpg on the highway, has been sold.
Example (wrong): The car, that achieves 30 mpg on the highway, has been sold.

I know the difference between these words is much more important to people in the legal profession, but it can be useful for anyone to understand the rules and proper usage.  Forum Legal is a great blog that offers a wide variety if straight forward tips pertaining to legal writing.  I left a comment on this specific post because the simple explanation offered by Rupert is straightforward and explains the complex relationship in an easy way to understand.  I can use his blog as a reference when I need to quickly understand something without having to read a lengthy explanation.  I hope this helps anyone curious about the proper usage of who, whom, which, and that!







1 comment:

  1. Thank you for the website. I think it is a great asset to use when writing. I will make it part of my daily routine.

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