Category Archives: grammar

I have been negligent in answering questions that I couldn’t get to during a NALS Webinar, so I will answer those questions here. I think a general review of these different topics could help others. My apologies for the delay.

1. Are the terms “per se” and “duces tecum” italicized?

Foreign phrases that have been so integrated into English as to be established as part of the English language are no longer italicized. Finding a comprehensive list of such phrases is difficult. According to Gregg Reference Manual, ¶ 288, “per se” is specifically listed as a frequently used expression that does not need to be italicized. The California Style Manual lists phrases that should no longer be italicized and another list of those phrases that should be italicized (http://www.sdap.org/downloads/Style-Manual.pdf at pp. 146-48). That resource specifically lists “duces tecum” as not italicized. I think those phrases are both used so much in English to be considered part of the English language.

2. How do you know if a word has been incorporated into English usage? Would a dictionary help?

One article I found (and an easy gauge) said that in American usage, check Merriam-Webster because if a foreign word is included there, it need not be italicized. I assume it is because Merriam-Webster has become the dictionary that best reflects English vocabulary. If the writer feels that his/her intended audience will be unfamiliar with the word, it may be easiest to italicize the word.

3. Does résumé really need the accent marks?

The Gregg Reference Manual lists “résumé” with both accent marks. It seems to me that it is helpful to differentiate it from “resume” (to begin again after stopping). I realize that context would make that obvious, but your goal is to make it easy for your reader. It is also the first preference in the online Merriam-Webster dictionary, which then lists “resume” and then “resumé.”

4. Why does a comma not go after “M.D.’s” and “Esq.’s”?

The example in question here was

–Jim Jones, M.D.’s diagnosis

–Jim Jones, Esq.’s opinion letter

In researching an answer to the question, I find that I was in error in these examples (it does happen!). BOTH of them should have the professional title surrounded by commas, so “Jim Jones, M.D.’s, diagnosis” and “Jim Jones, Esq.’s, opinion lettr” are correct. Thanks for bringing this to my attention.

5. I see that your example of “attorney Jim Jones” was different than what I would have thought to be correct. I would have used “Attorney Jim Jones.” Which would be correct?

While personal titles (such as Mayor or Attorney General) before a name are capitalized, the term “attorney” is more of a job description than a title, so it should not be capitalized. It would be more like saying “paralegal Susie Smith.” You wouldn’t capitalize “paralegal” in that instance, so you shouldn’t capitalize “attorney” used the same way.

6. You said capitalize the names of documents already filed. What if the original document was “Motion for Summary Judgment or in the Alternative Motion to Dismiss” and your attorney refers to it as the Motion to Dismiss? Does the document name have to be exact to be capitalized?

According to The Bluebook, the title of a court document where the document has actually been filed in the specific matter and the reference is to the exact title or a shortened form thereof, it should be capitalized. You would not capitalize a reference to a generic name of a court document. My concern with the specific example above is that it is a “Motion for Summary Judgment” and only titled a “Motion to Dismiss” in the alternative. But if the attorney specifically indicates that the “Motion to Dismiss” is the shortened name of the specific document, it should be capitalized (although it might be helpful to define it as Motion to Dismiss” in parentheses and quotation marks to be safe and make it clear to your reader).

Do you have questions that you wonder about? Send them to me at [email protected] and I’ll do my best to answer them.

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The Associated Press Stylebook (AP Stylebook) is used by journalists as their style guide for writing just as The Gregg Reference Manual (a NALS resource for its certification exams), the Chicago Manual of Style, and Strunk & White are used as style guides in law offices and other businesses. The AP Stylebook is regularly updated to reflect new acceptable writing styles. On June 1, 2016, the latest AP Stylebook will be released and includes these updates:

It appears that the change catching the most attention is no longer being required to capitalize internet and web.

Other interesting changes include:

• Accident or crash are both appropriate when describing a car wreck or a collision, but writers are warned to be careful where “negligence is claimed or proven.” When that is involved, it is best not to use accident as that implies that no one is at fault. In that case, it is best to use crash or collision. This seems that in the legal world, we will be using crash or collision more frequently.
• Claimed is a word that AP Stylebook suggests avoiding because if someone is claiming something, there is doubt. They suggest using said instead unless there really is doubt about what someone said (as in most legal situations). Again, I’m thinking that claimed will survive just fine in the law office.
• The AP Stylebook also has a problem with the phrase alleged victim because it implies there is doubt that the person is a victim. They recommend using victim or complainant. That sounds like legal language to me.
• Shopping sprees are OK, but the AP Stylebook does not approve of killing sprees.
• Notorious can mean “famous in a bad way,” although some think it means simply “famous.” The AP Stylebook suggests that when you use notorious or notoriety, your meaning is clear by your context.
• Sending an instant message, or an IM, can now be used as a verb and uses an apostrophe to make it more clear, as in IM’d or IM’ing.
• Use ride booking or ride hailing rather than ride sharing if you are calling Lyft, Uber, or another similar service. You are, after all, booking or hailing a ride and not sharing it.
• The AP Stylebook suggests that the word prostitute not be used when a child is involved, such as child prostitute or teenage prostitute, because it implies that the child “is voluntarily trading sex for money,” when, in fact, they legally cannot.
• Since the word mistress does not have a male counterpart and means different things in different parts of the world, the AP Stylebook suggests using companion, friend, or lover instead, whichever best fits the situation. “Whenever possible,” the new entry says, “phrasing that acknowledges both people in the relationship is preferred: The two were romantically (or sexually) involved.
• The phrase exponential growth actually means progressively larger (5 percent this year, 10 percent next year, etc.) and not just fast growth.
• Media is now singular or plural depending on the meaning and context.
• The Chicago train system is the L not El and no quotation marks are necessary.
• Voicemail is now one word.
• Rather than using the term transvestite, the AP Stylebook suggests using cross-dresser.
• Do not use a number of alarms when referring to a fire, i.e., a four-alarm fire.
• New words added to the AP Stylebook include dashcam (one word), normcore (a blend of normal and hardcore) and is defined as a fashion trend “characterized by unpretentious, unisex, average dressing”; horchata (chilled Spanish and Mexican drink—I’ve had this and it is delicious!); Uniqlo (a Japanese retailer of casual wear); and mescal (clear liquor from Mexico made from a variety of agave plants).

While most law firms and the legal field in general does not subscribe to the AP Stylebook style, I think it is a sign of other potential changes to be made to the English language in other style guides. I will actually start using the new lowercased internet and web as I agree with the AP Stylebook that these terms have become generic in today’s language. Just remember that anyone taking a NALS certification exam must continue to capitalize them until The Gregg Reference Manual makes the same change.

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