It is critical for legal professionals to make sure every legal document they produce is clear, concise and error-free. A pleading or memorandum that contains grammatical mistakes will diminish one’s professional reputation among judges, opponents, and clients. Here is a list of commonly confused and misused words in legal writing, along with definitions and examples of proper usage.
The Difference Between Allude and Elude
Although allude and elude are not homonyms (words that sound alike but have different meanings), they are similar enough that many legal writers either confuse them or use them interchangeably. Allude means to hint at or suggest something; elude means to evade or escape. Here are examples of both words used properly:
- She alluded to her supervisor when she said, “Some bosses never come to work before noon.”
- The suspect eluded capture for several days by hiding in the swamps.
Among vs. Between
It is easy to see why these two words are often used interchangeably. They are both prepositions, and in common verbal usage, they are usually treated as though they have the same meaning. Nevertheless, among and between have different meanings and should not be used interchangeably in legal writing. Among should be used to indicate three or more; between should be used to indicate two. Review these examples of correct usage:
- The firm had to choose from among five qualified applicants for the senior paralegal position.
- This is a secret between my husband and me.
Cite, Sight, and Site
The words cite, sight, and site are homonyms. They are pronounced exactly the same but have different meanings. Misusing these terms could be an embarrassing mistake for a legal writer. Cite means to quote something as authority; sight is a noun meaning vision; site refers to the location of something. Consider these examples wherein cite, sight, and site are used appropriately:
- Cite the statute that governs the client’s dispute.
- On the first day of school, the young mother watched her son’s school bus until it was no longer in sight.
- We decided that a lot next to the pond was the perfect site for our vacation cabin.
Guilty vs. Liable: What is the Difference?
The terms guilty and liable have different meanings in the law. Laypersons often use the terms interchangeably; however, legal professionals should know the proper meanings of these words and use them correctly. In the law, guilty specifically refers to having been found by a jury to have committed a crime. The term guilty is properly used only in the criminal context. By contrast, liable refers to the condition of being legally responsible or obligated to do or refrain from doing something.
- The jury found the defendant guilty as charged of first-degree murder.
- If my dog bites someone, I will be liable for the person’s medical bills.
Distinguishing Between Infer and Imply
Many people, including legal professionals, use the words infer and imply as though they have the same meaning. They do not. Infer means to deduce or to draw a conclusion. Imply means to suggest or hint. Note the difference in these words in the following examples of correct usage:
- The jury could infer from Mr. Smith’s testimony that he knew the gun was loaded.
- Mr. Smith’s testimony implied that he knew the gun was loaded.
Good legal writing should inform, persuade and inspire. It can do none of those things, however, if it is not clear and correct. These suggestions can help the legal writer convey his or her arguments more effectively.
Sources: Steven H. Gifis, Barron’s Law Dictionary (Barron’s 1996); Virginia Koerselman Newman, Certified Paralegal Review Manual: A Practical Guide to CP Exam Preparation (3d ed., NALA 2009).
Jessie Vanwinkle - Jessie Vanwinkle is an attorney in practice since 1998. View her full profile for more information.
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