ROLE OF GRAMMAR IN MAKING LEGAL DRAFTING

 

ABSTRACT

Nearly all legal work is written-based, thus paralegals need to be proficient and convincing writers of emails to clients, internal memos, wills, resolutions, contracts, and other legal files as well as wills, resolutions, and other legal filings. The success of your cases and the communications of your company will depend on each of the documents you write, which will entail a variety of duties. 

HYPATHESIS

Legal documents are very important documents and a grammatical error may look unprofessional in such a document. Grammar should be easily understood by an average person but should not to too informal. 

INTRODUCTION

No matter what kind of writer a person is, writing is a necessary talent. Coherent, understandable communications may be created by a professional writer. However, good writing consists of both little and large components. A significant component is proper grammar. Because it adheres to the fundamental principles of sentence form, punctuation, and spelling, good grammar makes writing comprehensible.
The correct grammar you utilise in your writing demonstrates your expertise and skill.
However, because there are so many rules, good grammar doesn't just happen. It is worthwhile to use a grammar checker on your writing to identify any errors you could be missing. In the end, you want to leave a positive impression on your readers based on the information you've provided, not on the basis of sloppy grammar.
Your audience is more inclined to trust what you're saying if you use clear, grammatically sound language. The use of proper grammar, which has many benefits, is a sign of a writer's level of knowledge and skill. 

LITERATURE REVIEW

1.     “The case of Oakhurst Dairy, which was ordered to pay more than $10m (£6.5m) in damages because of a grammatical error, has been brought to the US Supreme Court by a group of truck drivers.

Researchers reported on the cost of ambiguity. On October 8, 2000, the television comedy series “Ed” premiered in the United States. His mistake was misplacing a comma in a multi-million-dollar contract that cost his firm $1.6 million. Grammar and spelling do have significant value in the writing and revision of legal documents. The premise of the show was that a successful lawyer, named Ed Stevens, was fired from a prestigious law firm in New York because of a grammatical error. Truck drivers of Oakhurst Dairy argued that since there was no comma between the terms ‘packing for shipment’ and ‘distribution,’ the alternative conjunction ‘or’ indicated that both are two different terms of the same activity.”

2.     “The comma is one of the most important words in the English language, but many people do not know how to use them properly, according to the Oxford Dictionary.

Faucher and colleagues (2022) reported on how A comma can change the law. A company in Maine learned how a forgotten comma could result in an undesired outcome for a lawsuit. Oxford Comma rules state that there should have been a comma between “shipment” and “or”. Grammar can have a great impact on how something is understood, or misunderstood.”

3.     “Grammar is one of the most important words in the English language, and it’s vital that you use it correctly when writing.

In ‘Why Is Grammar Important?’, The Write Team (2022) noted that use a good grammar checker like ProWritingAid to ensure that you get subject–verb agreement right every time. Having good grammar is an indication of a certain level of awareness and competence on the part of the writer which in turn has a number of benefits. Good writing is made up of little and big parts. Good grammar makes writing understandable because it follows the fundamental rules of sentence construction, punctuation, and spelling.”

4.     “Paralegals work in private law firms, where they are involved in civil litigation, family law, personal injury, criminal law, and mass tort litigation.

2019 7 (2022) described how 5 reasons strong legal writing is important for paralegals. If you’re considering a career as a paralegal, you should know the top 5 reasons strong legal writing is important for paralegals. To make your case convincing, you must present your argument with precise legal writing. Misspellings, and improper usage can undermine even the most thoughtfully reasoned argument. According to the paralegal association, NALA, more than 69 percent of respondents to its 2018 survey of paralegals work in private law firms.”

Findings

“Sometimes, what is not written says more, and is more consequential, than the words that appear on the paper.”

The way something is understood—or misunderstood—can be greatly influenced by its grammar. When it comes to grammar and legal translation, the dangers might be considerably higher. In the legal realm, grammar can cost a case and money. If utilised properly, language may be quite effective. A business in Maine recently discovered how a misplaced comma might cost them money and lead to an unfavourable decision in a lawsuit.

Legal grammar rules: The commonly misunderstood punctuation mark is the comma.

A comma "notes a tiny break between various elements of a phrase," according to the Oxford Dictionary's definition from 2017. Commas are a commonly misunderstood grammatical feature because they collect and separate words, phrases, and clauses in sentences when used correctly. They are frequently used carelessly by those who lack the basic knowledge on how to utilise them and simply set them everywhere they go. Commas are said to have the ability to save lives. In fact, where a comma is placed in a phrase may completely alter its meaning. Let's consider the following illustration:

The defendant, who looked apologetic, was found guilty.
The defendant who looked apologetic was found guilty.

The major point we derive from the first phrase is that the defendant was found guilty. The non-restrictive relative phrase "who looked remorseful" is included in this sentence and is enclosed in commas. This suggests that even if he appeared sorry, the statement was still only a piece of information. The identical clause, however, does not have any commas in the second example, making the phrase "who looked remorseful" crucial to understanding the sentence's meaning. It now appears that there were two defendants, and the one who appeared contrite was found guilty while the other was let off the hook.
The aforementioned statements may only confuse someone who is reading about the conclusion of a case, but there are best practises for legal grammar standards that may be used to avoid any ambiguity that can arise during a case due to poor punctuation and sentence construction.

CONCLUSION

Due to the uncertainty that poor grammar may introduce into a judicial action, there are several materials on the best practises for legal grammar norms. Given that using commas correctly is essential in every writing, there are several situations in which this tiny punctuation mark might completely alter the outcome in court.