Potpourri

Legal Writing Tips

The truth is….. The fact is……. A bad beginning for a sentence. If you feel you are possessed of the truth, or of the fact, simply state it. Do not give it advance billing. 

They. He or She. Do not use they when the ante­cedent is a distributive expression such as each, each one, everybody, every one, many a man. Use the singular pro­noun. 

Every one of us knows
they are fallible.
Every one of us knows he is fallible.
Everyone in the
com­munity, whether
they are a member of the
Association or not, is invited to attend.
Everyone in the
com­munity, whether
he is a member of the
Association or not, is invited to attend.

A similar fault is the use of the plural pronoun with the antecedent anybody, somebody, someone, the intention be­ing either to avoid the awkward he or she or to avoid com­mitting oneself to one or the other. Some bashful speakers even say, “A friend of mine told me that they ….” 

The use of the he as a pronoun for nouns embracing both genders is a simple, practical convention rooted in the beginnings of the English language. Currently, however, many writers find the use of the generic he or his to rename indefinite antecedents limiting or offensive. Substituting he or she in its place is the logical thing to do if it works. But it often doesn’t work, if only because repetition makes it sound boring or silly. 

Consider these strategies to avoid an awkward overuse of he or she or an unintentional emphasis on the masculine; 

Use the plural rather than the singular.

The writer must address
his readers’ concerns.
Writers must address
their readers’ concerns.

Eliminate the pronoun altogether.

The writer must address
his readers’ concerns.
The writer must
address readers’ concerns.

Substitute the second person for the third person

The writer must address
his readers’ concerns.
As a writer you must
address your readers’ concerns. 

No one need fear to use he if common sense supports it.

Substitute the second person for the third personIf you think she is a handy substitute for he, try it and see what happens. Alternatively, put all controversial nouns in the plural and avoid the choice of sex altogether, although you may find your prose sounding general and diffuse as a result. 

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