Posted: September 21st, 2011 | Author: Jennifer M. Cooper | Filed under: Legal Writing | Tags: Apostrophe, Grammar, Grammar Comics, Legal Writing, Punctuation, The Oatmeal

The Oatmeal - How to Use an Apostrophe
Grammar and punctuation is SOOOO much easier when the instructions are illustrated! Are you stymied when deciding whether to include the apostrophe? Do you find yourself staring at the word “its” and wondering – “wait, does it need an apostrophe between the t and s or not?”
The Oatmeal has you covered. Now, you can be entertained by The Oatmeal’s witty grammar and punctuation comics AND relearn (or just plan learn) the rules. You’re welcome. (Note the correct use of the apostrophe to form a contraction. Many thanks to The Oatmeal.)
Posted: June 28th, 2011 | Author: Jennifer M. Cooper | Filed under: Legal Writing | Tags: Grammar, Grammar Myths, Legal Writing, Point Made, Punctuation
The last post highlighted the perils of apostrophe misuse and poor punctuation in general. To add to our collective understanding of sound writing mechanics, here is a recent post from the Legal Writing Pro, “Five Grammar Myths.” Ross Guberman, author of Point Made: How to Write Like the Nation’s Top Advocates, is like the MythBuster of Legal Writing. First Myth Busted: You can’t start a sentence with a coordinating conjunction like and, yet, or but. You can access the full posting and the other four grammar myths that Mr. Guberman takes down here.
Posted: June 28th, 2011 | Author: Jennifer M. Cooper | Filed under: Legal Writing | Tags: Legal Writing, Punctuation

A recent article by Debra Cassens Weiss in the ABA Journal reports that poor use of grammar and punctuation can not only lead to confusion and ambiguity in legal writing, but is also fair game for attack in legal pleadings. The article, “Lawyer’s Motion Objects to Opponent’s Use of Possessives,” discusses a case in Missouri, where a defense attorney’s motion lambasts the plaintiff’s attorney, stating: “This petition is the worst example of pleading that the defendant’s attorney has ever witnessed or read.” Specifically, the defense attorney takes offense with the plaintiff’s attorney’s punctuation. The plaintiff’s attorney used “defendant’s” and “defendants” interchangeably, making it difficult to understand which defendant she was referring to in a multiple-defendant suit.
The defense counsel wrote: “Defendant does not know whether plaintiff is just not familiar with the use of possessives or whether plaintiff was referring to merely one of the two defendants. … Is this merely the poor usage of the English language by plaintiff’s attorney? We have no earthly idea which is the case.” Hmmmm, if neither the court nor the parties can understand who did what – is that grounds for dismissal for failure to state a claim? Sounds like poor punctuation resulting in ambiguity and confusion can be potential grounds for dismissal (and sanctions and a bar complaint wouldn’t be far behind).