THE LEGAL WRITING
CORNER
The Power of the Personal Pronoun : A law practitioner ’ s primer
By Jennifer Cook , Denitsa Mavrova Heinrich , and Jenny Samarzja
Personal pronouns are short words that substitute for a person ’ s proper name . Personal pronouns are words like she , her , hers , he , his , him , they , them , and theirs . Believe it or not , for such small words , pronouns carry significant grammatical and cultural weight . Grammatically , personal pronouns help writers slim down sentences . Culturally , personal pronouns play an important role in identifying individuals in a respectful , non-discriminatory , clear , and inclusive manner . The following brief pronoun primer can help lawyers , new and experienced , navigate through the personal pronoun waters .
In September 2019 , Merriam-Webster Dictionary added a number of new words to its online dictionary . 1 Among the newcomers were words like free solo , deep state , and they . 2 Wait ! They ? Yes , they , a personal pronoun that has long held a place in the world-renowned dictionary , got an updated definition . The updated definition recognized the use of the singular they to describe a person who identifies with or expresses a gender that is non-binary . A non-binary gender identity or expression is not entirely male or female . 3 The use of the singular they in this way is , therefore , not incorrect grammar . Purdue University ’ s Online Writing Lab summed up the grammar debate regarding the singular they as follows :
“ Grammar shifts and changes over time ; for instance , the clunky he or she that a singular they replaces is actually a fairly recent introduction into the language . Singular they has been used for a long time and is used in most casual situations ; you probably do it yourself without realizing it . [ This is ] simply . . . a reorientation of the rule . . . [ to include ] more people in language .” 4
In fact , this new definition did not usher in sweeping change since writers and conversationalists have historically used they to refer to a singular person of unknown gender , “ each person should vote their conscience .” Moreover , the singular they has been used appropriately for centuries to identify an unidentifiable person like someone or anyone , “ tell someone they should unlock the front door .” 6
“ Much like the common law , the English language evolves .” 7 The evolutionary use of the word they and its acceptable uses are described by an attorney in Minnesota Lawyer as : “( 1 ) the familiar gender-neutral plural (‘ the students should bring their backpacks ’); ( 2 ) the reaffirmed gender neutral singular (‘ each student should bring their backpack ’); and ( 3 ) the shiny new non-binary singular (‘ Davon will bring their backpack .’).” 8 A legal writer that employs these three acceptable uses of they conveys to their audiences three legal values inherent in our profession : ( 1 ) respect and civility ; ( 2 ) conscientious drafting ; and ( 3 ) equity under the law .
Respect Clients , Other Litigants , and Laypeople
Attorneys are expected to show respect and civility toward clients , other litigants , and individuals within the judicial system .
Respect and civility are bedrock values of the legal profession and are essential to the practice of law . A lawyer that acknowledges a person ’ s personal pronouns in writing or verbal communication not only displays respect for the human dignity of the individual the lawyer addresses , but also fosters an environment of professionalism conducive to effective working relationships between lawyer and client .
The new definition of the singular they does not permit its use as an interchangeable pronoun . “ If a person uses the pronouns she / her / hers or he / him / his , then those pronouns should be used consistently . Similarly , if a person uses they / them / theirs , then those pronouns should be used consistently .” 9 Nor is the singular they an all-purpose pronoun for any and every person . “ Some people prefer gender-specific pronouns : she / her / hers for those who identify as female and he / him / his for those who identify as male ... They is not universally applicable , as you has become .” 10
Conscientiously Draft
A refrain often heard in first-year legal writing courses is , “ a good lawyer writes with clarity and accuracy .” If a legal writer carelessly selects pronouns to describe a person , the writer can introduce unintentional and consequential ambiguity into their writing . When in doubt about which personal pronoun best describes a client or litigant , a lawyer should ask the client or litigant about their personal pronouns . If such communication is unavailable , refer to the client or litigant
Jennifer Cook , Denitsa Mavrova Heinrich , and Jenny Samarzja are faculty members in the Lawyering Skills Program at the University of North Dakota School of Law .
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