by Wilton H. Strickland

Grammar may be a dying art, but attorneys (as well as other professionals) should consider dusting it off because a strong command of grammar creates an equally strong impression of ability, intelligence, and persuasiveness. The following is a list grammar rules that I often see broken in everything ranging from news articles to court opinions. Remembering and observing these rules will work wonders for your own writing.

Subject-Verb Agreement

It goes without saying that a singular subject requires a singular verb and that a plural subject requires a plural verb. What often creates confusion is that intervening words can make the writer forget which one is the subject:

Incorrect:  I am one of the only attorneys who have argued before the Supreme Court.

Correct:  I am one of the only attorneys who has argued before the Supreme Court.

Confusion also tends to emerge with indefinite pronouns and related situations where the number may seem unclear. Some of these are always singular or plural regardless of context:

Everyone / Everybody in the crowd of angry protesters is demanding justice.

Both you and I know the truth.

Neither you nor I knows the truth.

Either Carlsen or Anand is the best chess player in the world.

Each of the arguments in the brief is supported with a legal citation.

Few / many / several of the arguments in the brief are supported with a legal citation.

Other pronouns may be singular or plural depending on the words they modify, as follows:

Some / Most / All / None of the food is missing.

Some / Most / All / None of the people are missing.

Any person who wants to leave can do so.

Any people who want to leave can do so.

Pronoun-Antecedent Agreement

Just as subjects and verbs should agree, so should pronouns and the antecedents they describe. This is an area that has grown more sensitive to gender considerations over the past couple of decades, but it does not allow for using a plural pronoun to refer to a singular antecedent:

Correct (now favored):  Everyone must make his or her own decision.

Correct (now disfavored):  Everyone must make his own decision.

Incorrect:  Everyone must make their own decision.

Subjective Versus Objective Pronouns

Pronouns come in two forms, subjective and objective. The first form (I, you, he, she, it, we, they) operates as the subject. The second form (me, you, him, her, it, us, them) operates as the object. There is a growing amount of confusion over when to use one versus the other, so these examples of correct usage should help clear things up:

I am as tall as she (is tall). [Comparison between two subjects]

They are more prepared than we (are prepared). [Same]

Between you and me, this wedding is atrocious. [Object of a preposition]

There is a great deal that we attorneys have in common. [Subject of the clause]

No one hates us attorneys as much as doctors do. [Object of the verb]

Bob, Gloria, and I worked all night on the appellate brief. [Subject of the sentence]

The partner went to lunch with Bob, Gloria, and me. [Object of the preposition]

“Who” Versus “Whom”

This is a special case of subjective versus objective pronouns that deserves its own mention. The word “whom” has all but disappeared from everyday speech, but it is simply the objective form of “who” and should be remembered for professional writing, along with cousins “whoever” and “whomever”:

The man who shot me ran down the street. [Subject]

The man whom I shot is lying in the street. [Object]

Whoever wants doughnuts should come to the kitchen now. [Subject]

Go to the trial with whomever you like. [Object]

What creates even more confusion is when “who” or “whoever” acts as the subject of its own, separate clause that is an overall object. In this case, there is no need to change to the objective form:

Go to the trial with whoever is the most prepared. [Subject of separate clause]

I’m going to kill whoever left the water running upstairs. [Same]

Pronouns Cannot Refer Back To A Possessive

This rule is obscure but nevertheless important. A pronoun cannot have a possessive as its antecedent, but rather needs an earlier noun to latch onto, as follows:

Incorrect:  The people who inspected Bob’s computer files never asked for his permission.

Correct:  The people who inspected Bob’s computer files never asked Bob for his permission.

Correct:  The people who inspected Bob’s computer files never asked for permission.

Subjunctive Mood

The subjunctive mood plays a larger role in romance languages such as Spanish, French, and Italian, but it does crop up in English from time to time and requires a slightly different approach to conjugating verbs. For those who never have heard of the subjunctive mood or forgotten what it means, the simplest explanation is that it deals with uncertain or “wished for” situations that cannot be stated as simple fact (i.e., the indicative mood), as shown in the following examples:

Bob was here. [Indicative]

I wish Bob were here. [Subjunctive]

He goes and takes a shower. [Indicative]

I demand that he go and take a shower. [Subjunctive]

Sally enjoys Disney World. [Indicative]

Let Sally enjoy Disney World. [Subjunctive]

Donald is a millionaire who travels a lot. [Indicative]

If Donald were a millionaire, he would travel a lot. [Subjunctive]

Possessive Should Be Used With The Gerund

A gerund is the -ing form of a verb when used as a noun, ordinarily to describe an activity such as walking, talking, eating, etc. If a particular subject is engaging in the activity, use the possessive, as follows:

I appreciate your taking the time to visit.

The settlement would result in Bob’s releasing Mary from all liability.

To reduce the risk of customers’ being assaulted in the parking lot, we should install more lights and cameras.

The Difference Between “I.e.” And “E.g.”

Both abbreviations are derived from Latin but do not mean the same thing. “I.e.” is short for “id est” and means “that is.” Use this when your goal is to say “in other words.” For its part, “e.g.” is short for “exempli gratia,” to be used when you wish to say “for example.”

Paul is moribund (i.e., dying).

Paul has a number of unfortunate diseases (e.g., syphilis, gonorrhea, herpes, and leprosy).

Run-On Sentences

This is a frequent error. The best way to avoid run-on sentences is to picture them as train wrecks — too many sentences are being “run” together without adequate separation. A complete sentence with subject, verb, and object must be set apart in its own territory.

Incorrect:  Bob thinks too much and he is always doubting himself.

Correct:  Bob thinks too much, and he is always doubting himself.

Correct:  Bob thinks too much; he is always doubting himself.

Correct:  Bob thinks too much. He is always doubting himself.

Correct:  Bob thinks too much and is always doubting himself. [Dropping “he” makes for a dependent clause and a single sentence]

Punctuation Marks Should Appear Inside Quotations

American English differs from British English on this issue, but punctuation marks stay inside quotation marks for those of us on the west side of “the pond.”

“It’s” Versus “Its”

Confusion between these words wasn’t too widespread ten or so years ago, but it definitely is now. Perhaps what throws people for a loop is that in ordinary circumstances, an apostrophe can denote either possession or a contraction. For example, “Bob’s” can mean either that Bob owns something or that Bob is doing something. Not so with “it.” To express the contraction for “it is,” insert the apostrophe to make “it’s.” To express possession, avoid the apostrophe and use “its.”

It’s raining.

Congress has surrendered its power to declare war.

Proper Placement Of “Only”

I see this mistake everywhere, no matter how accomplished the writer. People are often impatient with the word “only” and deploy it too early in a sentence, thereby changing its entire meaning. For example, each of the following sentences means something different:

Only I arrived an hour ago. [No one else arrived]

I only arrived an hour ago. [I wasn’t doing anything else at the time]

I arrived only an hour ago. [It wasn’t long ago when I arrived]

A good rule of thumb is to place “only” right beside, or as near as possible to, the word it modifies.

“Principle” Versus “Principal”

The word “principle” is only a noun. By contrast, “principal” can be an adjective (to mean primary or most important) or a noun (to mean a boss, owner, school administrator, or the base amount of a loan).

Mary is a woman with principles.

Mary is the principal singer in the choir.

Mary is a principal of Standard Oil.

Mary is principal of the local high school.

Mary almost has paid off the principal on her student loan.

“Lie” Versus “Lay”

These words appear to torment many native English speakers. While that may never change, professionals should master the different conjugations of each.

“To lie” — when not referring to speech — is a verb that describes something the actor is doing with him- or herself, i.e., reclining. The verb is intransitive, meaning that there is no action directed at an object. This sounds clear enough, but what confuses people is the conjugation in different tenses, as follows:

Every Saturday I lie in the sun. [Present tense]

Yesterday I lay in the sun. [Past tense]

I have lain in the sun for an hour. [Present perfect tense]

I had lain in the sun for an hour when it started raining. [Past perfect tense]

Hence the confusion, since the past tense of “lie” is none other than “lay,” which is also its own separate verb. As for “lain” — which is used for all perfect tenses of “lie” — virtually nobody says it anymore.

“To lay” is a transitive verb that signifies action directed at an object. Conjugations are a little easier, as follows:

Every Saturday I lay the tarot cards on my coffee table. [Present tense]

Yesterday I laid the tarot cards on my coffee table. [Past tense]

I have laid the tarot cards on my coffee table every Saturday for years. [Present perfect tense]

I had laid the tarot cards on my coffee table every Saturday until I lost them. [Past perfect tense]

“Reign” Versus “Rein”

These words tend to get mixed up when used in certain expressions. “Reign” can be a verb (to rule over) or a noun (rulership). “Rein” refers to the straps that control a horse; it can also be a verb or a noun, and it can appear in figurative contexts beyond mere horsemanship.

Kim Il-sung reigned North Korea for a long time. [Sovereign authority]

Kim Il-sung had free rein over the people North Korea. [Unrestricted control, as with a horse]

Someone needs to rein in Kim Il-sung’s grandson, Kim Jong-un. [To pull up short, like a horse]

Plural Words Commonly Misconstrued As Singular

Some words cause confusion because their plural form lacks an “s” at the end, and mistakes have become so widespread that the singular form has been forgotten in everyday speech. Some might consider these distinctions pedantic, but that’s what being a professional is all about!

Criterion (singular)
Criteria (plural)

Memorandum (singular)
Memoranda (plural)

Symposium (singular)
Symposia (plural)

Phenomenon (singular)
Phenomena (plural)

Medium (singular)
Media (plural)

Datum (singular)
Data (plural)

“Alumni,” Et Al.

A male graduate of an educational institution is an “alumnus.” A female graduate of an educational institution is an “alumna.” A group of men, or men and women, who graduated from an educational institution are “alumni.” A group of women who graduated from an educational institution are “alumnae.”

Incorrect:  Bob is an alumni of Florida State University.

Correct:  Bob is an alumnus of Florida State University.

Correct:  Mary is an alumna of Florida State University.

Correct:  Bob and Mary are alumni of Florida State University.

Correct:  Mary and Jane are alumnae of Florida State University.

These are only a few examples of many rules of grammar to keep in mind when writing for a professional purpose. I hope they are useful, and I’ll discuss more of them in a future post.