Saturday, February 14, 2015

Yes, there is a Santa Claus and yes, grammar really does matter.

I'm not so sure about Santa Claus other than to wonder why I am always so lucky, but the second part of this headline I am sure about. And to prove my point, I reproduce here a newsletter post from the folks at Scribes, a society for legal writers.

Scribes New Logo
February 13, 2015

Scribes Grammar Tip No. 46:  Grammar Knowledge Is Essential

Grammar is critical not only because it enables individuals to write coherently but also because it is used to assess the meaning of what others such as legislatures and contracting parties write. Thus, courts "begin by looking to the express language of the statute, construing words and phrases according to grammar and common usage."  Jefferson Board of Equalization v. Gerganoff, 241 P.3d 932, 935 (Colo. 2010). Courts are required to follow elemental rules of grammar for a reasonable application of the legal rules of construction. General Fin. Services v. Practice Place, 897 S.W.2d 516, 522 (Tex.App. 1995). Courts employ traditional rules of grammar in discerning the plain language of the statute. State v. Bunker, 189 Wash.2d 571, 578, 238 P.3d 487, 491 (2010)

Naturally, every rule has a countervailing rule. "Indeed, justice should not be the handmaiden of grammar." Value Oil Co. v. Town of Irvington, 152 N.J. Super. 354, 365, 377 A.2d 1225, 1231 (N.J. Super. 1977), aff'd, 164 N.J. Super 419, 396 A.2d 1149 (App.Div.1978), citing Minor v. The Mechanics Bank of Alexandria, 26 U.S. 46, 7 L.Ed. 46 (1828); accord, Federal Communications Comm'n v. AT&T Inc., ___ U.S. ___, 131 S.Ct. 1177, 1181-82 (2011).

In the end, only an attorney who knows the rules of grammar completely can find the persuasive right answer through the effort to interpret a difficult writing.

Authored by Ann Taylor Schwing 
Copyright (c) 2015 Scribes -- The American Society of Legal Writers 
[reproduced with permission]

No comments: