Spring 2021 Gavel | Page 14

Eight Commandments

Avoid the Most Common Comma Crimes Committed by Counsel

Eight Commandments

By Ross Guberman
From the loftiest law firms to the grandest judicial chambers , I see the same comma errors time and again . In the name of consistency , and perhaps even sanity , consider committing to these Eight Comma Commandments .

1 .

Thou Shalt Include a Comma Before a Conjunction That Introduces an Independent Clause .
Put a comma before a midsentence and or but if what follows could be a sentence on its own . If what follows is just a phrase , a comma is unnecessary , if not an outright mistake .

2 .

Comma here : I would love to take you on as a client , but my workload makes it impossible for me to do so right now .
But no comma needed here : I would love to take you on as a client but will need to wait until I have more time .
Comma here : The Court denied summary judgment , and it also dismissed Count Two with prejudice .
But no comma needed here : The Court denied summary judgment and dismissed Count Two with prejudice .
Thou Shalt Not Insert Commas Around a Mid-Clause Thus or Therefore That Is Stressed .
So this : She is therefore inclined to postpone the meeting indefinitely .
And this : Underwriter ’ s Counsel thus rejected our proposal .
But not this ( unless should is stressed instead of therefore ):

3 .

The Court should , therefore , grant summary judgment .
Thou Shalt Put Commas Around a Name Only When It Is the Sole Member of the Group .
So this : My sister , Mary , is my only sibling .
And this : My sister Mary is my favorite sister .

4 .

Thou Shalt Include Commas in a Series of Adjectives Only When They Modify the Noun Separately .
Hint : If you can add the word and between the adjectives , add commas .

5 .

6 .

So this : Under long-standing tort principles , you cannot get damages in this case unless you can first prove that the shopkeeper owed you a duty .
And this : Although it ’ s fashionable to attack lawyers , many of my colleagues have proved to be loyal , sincere friends .
But not this : This second opinion appears to comprise two , equally inadmissible components .
Thou Shalt Set Off Complete Dates with Commas , but Thou Shalt Not Insert a Comma Between a Month and a Year ( Unless Thou Writest for The New Yorker ).
So this : You have until May 1 , 2016 , to get back to us with your answer .
And this : I can tell you that January 2016 was a tough month for my firm .
But not this : I can tell you that January , 2016 was a tough month for my firm .
Thou Shalt Place Commas Inside Closing Quotation Marks , Unless Thou Art in England or a Commonwealth Country , Art a Sworn Anglophile , or for Other Reasons Preferrest British English .
American : The Agreement uses the phrase “ party of the first part ,” but I have never really understood what that means .
British : The Agreement uses the phrase “ party of the first part ”, but I have never really understood what that means .
Exception : When the comma is part of the original quoted material , in British English the comma goes inside the closing quotation mark :
14 THE GAVEL