Bryan A. Garner

LawProse Lesson #170: Why does it matter how you state a legal issue?

Why does it matter how you state a legal issue? It matters in the most fundamental way: it can determine whether you win or lose. It’s the most important aspect of a lawsuit. Bryan Garner, author of The Winning Brief, has been called the preeminent expert on issue-framing. He teaches lawyers to fashion appealing issues …

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Garner’s Usage Tip of the Day: who’s who.

who’s who. “Who’s Who” is a shortened form of “who is who” (the second “who” being correct as a predicate nominative). But some writers — despite the popularity of various widely touted books called “Who’s Who” — mangle the phrase into *”who’s whom.” E.g.: o “The charade of who’s whom [read ‘who’s who’] and what’s …

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Garner’s Usage Tip of the Day: who(so)ever, whom(so)ever; *whoso(ever), *whomso(ever).

who(so)ever, whom(so)ever; *whoso(ever), *whomso(ever). Part A: Choice of Term. The forms “whoever” and “whomever” are preferred in modern writing. But the archaisms *”whosoever” and *”whomsoever,” as well as *”who(m)so,” appear sometimes in legalese. Often these terms are superfluous, as here: “This is a right that avails against all persons whomsoever [delete ‘whomsoever’] in the world.” …

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Garner’s Usage Tip of the Day: Miscellaneous Entries.

Miscellaneous Entries.  *withal is an archaism for “besides,” “nevertheless,” “still,” “with,” or “therewith.” E.g.: “There is, withal [read ‘nevertheless’], much to admire in these memoirs and in the diplomacy they recount.” David C. Hendrickson, “White House Years,” Foreign Affairs, 19 Sept. 1997, at 223. wither is misused for “whither” in the following title: John Darnton, …

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Garner’s Usage Tip of the Day: whose (1).

whose (1). Today: Meaning “of which.” “Whose” may usefully refer to things {an idea whose time has come}. This use of “whose,” formerly decried by some 19th-century grammarians and their predecessors, is often an inescapable way of avoiding clumsiness — e.g.: o “Many people assumed that this was the river Ankh, whose waters can be …

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LawProse Lesson #169: Persuasive motion practice.

How much can you learn about persuasive motion practice in one day? A whole lot — if you have the right teacher and the right approach. LawProse’s new Winning Brief seminar — with its 3d-edition 775-page coursebook published by Oxford University Press — breaks the subject of persuasive litigation writing into 100 bite-sized lessons that …

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Garner’s Usage Tip of the Day: whole entire.

whole entire. This is a common redundancy — e.g.: o “This has them ranked sixth in the whole entire [delete ‘whole entire’] nation, greatly reducing their margin of error for reaching their four-loss quota.” Bob Wojnowski, “They’re No Longer Many, So Here Are a Few Heartfelt Suggestions to Help Restore Irish Spring,” Detroit News, 26 …

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Garner’s Usage Tip of the Day: whoever; whomever.

whoever; whomever. Here’s the traditional rule about the nominative “whoever” and the objective “whomever.” If the word that completes the syntax after “-ever” is a verb, the correct choice is “whoever” {they praise whoever performs well} — even if there are a few intervening words {whoever, under these conditions, can deliver the goods on time …

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Garner’s Usage Tip of the Day: Miscellaneous Entries.

Miscellaneous Entries. willful; wilful. “Willful” is preferred in American English, “wilful” in British English. *”Willfull,” a misspelling, occasionally appears. willy-nilly, adv. & adj., = (1) by compulsion {he forced his brother to accompany him willy-nilly}; or (2) in a haphazard, unplanned way {so far, all our meetings have occurred willy-nilly}. The phrase is sometimes, as …

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LawProse Lesson #168: Structuring a textual argument.

Structuring a textual argument. Here’s a little-known secret of advocacy: courts tend to analyze questions of interpretation systematically — in this order: (1) text, (2) structure, (3) purpose, and (4) history. The courts, especially federal courts, have explicitly endorsed the technique. In fact, they developed it from the germ of an idea expressed by Justice …

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Garner’s Usage Tip of the Day: who; whom (6).

who; whom (6). Today: “Which” for “who” or “whom.” Some inattentive writers use “which” in referring to human beings — e.g.: o “The bakery employs 11 people, two of which [read ‘whom’] are English (non-Amish) women, and one who is a salesman.” Faith Whitcomb, “Bakery Relies on Generations of Amish Recipes,” Plain Dealer (Cleveland), 13 …

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Garner’s Usage Tip of the Day: who; whom (5).

who; whom (5). Today: “Who” in Reference to Nonhumans (i.e., for “that” or “which”). “Who” is the relative pronoun for human beings (though “that” is also acceptable); “that” and “which” are the relative pronouns for anything other than humans, including entities created by humans. But writers too often forget this elementary point — e.g.: o …

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Garner’s Usage Tip of the Day: who; whom (4).

who; whom (4). Today: The Discussion Continues. On the subject of the nominative “whom”: William Safire takes an interesting approach for those who fear seeming pedantic (by using “whom”) or being incorrect (by using “who” for “whom”): “When ‘whom’ is correct, recast the sentence.” “On Language,” N.Y. Times, 4 Oct. 1992, § 6, at 12. …

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Garner’s Usage Tip of the Day: Miscellaneous Entries.

Miscellaneous Entries. widespread was, until the early 20th century, spelled as two words, but now it should always be one. widow, n.; widower. A “widow” is a woman whose spouse has died; a “widower” is a man similarly bereft. Do the terms still apply when the surviving spouse remarries? No. widow, vb., can make a …

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Garner’s Usage Tip of the Day: who; whom (3).

who; whom (3). Today: The Nominative “whom.” Among the toughest contexts in which to get the pronouns right are those involving linking verbs. We say, for example, “who it is” for the same reason we say “This is he,” but some very good writers have nodded. In any event, “whom” shouldn’t be used as the …

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LawProse Lesson #167: The evolution of “beg the question.”

The evolution of beg the question. Traditionally, this phrase means “to base a conclusion on an assumption that is as much in need of proof or demonstration as the conclusion itself.” The formal Latin name for this logical fallacy is petitio principii. The tenth edition of Black’s Law Dictionary (released last month) defines it on …

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Garner’s Usage Tip of the Day: who; whom (1).

who; whom (1). Today: Generally. Edward Sapir, the philosopher of language, prophesied that “within a couple of hundred years from to-day not even the most learned jurist will be saying ‘Whom did you see?’ By that time the whom will be as delightfully archaic as the Elizabethan his for its. No logical or historical argument …

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Garner’s Usage Tip of the Day: Miscellaneous Entries.

Miscellaneous Entries. whereby (= by means of which), though sometimes overworked, is more concise than alternatives such as “through which.” So it can be a useful word — e.g.: “Republican Congressman Ralph Regula of Ohio, chairman of the Appropriations subcommittee in charge of federal parks, is brokering a deal whereby Congress will appropriate $5 million …

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