Drafting issues - Part I

A business entity takes singular, neuter verbs and pronouns. The proper pronoun for a business organization like Acme, Inc., is always “it,” not “they.” It takes verbs in the singular. E.g., “Acme is likely to win; it satisfies all of the elements.”

Use new legal terms with care. Many students struggle with the use of terms that have legal significance. If you read a term in a case that sounds like a “term of art,” look it up immediately in Black’s. Under no circumstances should you use it in your assignment without being absolutely sure of its meaning.

Do not overuse “which” and “that.” Before finalizing your paper we recommend you run through it and do the following: Wherever you find a “which,” consider whether “that” sounds good; if so, change to “that.” Wherever you find a “that,” consider whether it can be deleted; if so, delete it.

“Whether or not.” It is usually not necessary to use the words “or not” with “whether.” “Whether” implies the alternative: “See whether Mr. Smith is coming.” The additional words would be superfluous. There are cases where “or not” is necessary; use it then.

Clearly, obviously, etc. The words, “clearly,” “obviously,” “without a doubt,” etc. are the refuge of those with weak arguments, and they should generally have no place in your writing. Just say what you are asserting and tell us why to believe it.

And/or. The expression “and/or” is an abomination. Say “and” if you mean “and” and “or” everywhere else. In some contexts you need to clarify whether “or” means “A or B, or both” or “A or B, but not both.” Nobody really knows what “and/or” means.