Editors --- "Bits" [2002] AltLawJl 39; (2002) 27(2) Alternative Law Journal 103

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• Grammar for Lawyers

BITS

Grammar for Lawyers

by M. Meehan and G.Tulloch; Butterworths, 2001; 111 pp; $24.00 softcover.

Books on grammar come in all shapes and sizes. Some are unnecessarily complex and detailed whilst others are pitched to children or those who use English as a second language. There are precious few that will answer your grammar shortcomings in a short and simple guide; however, Grammar for Lawyers clearly seeks to join this latter 'elite' group. One virtue of Grammar for Lawyers (and a prerequisite for a good grammar book) is found in its simple format. The numbered paragraphs and boxed examples enhance the book's readability and assist in pursuing its stated goal of providing 'a first port of call for those seeking to acquire or upgrade' their writing and grammatical skills.

Grammar for Lawyers is divided into three substantive chapters dealing with, in tum, a defence of grammar, grammar in practice, and the principles of composition. The first of these chapters is a simple introduction to traditional grammar and its uses. The authors extend the general introduction by providing a defence of the importance of grammar in legal practice and an assessment of the limits of grammatical analysis in this context. Chapter two, which deals with the practical application of grammar, differs from traditional grammar guides by following each rule with an analysis of the rule taken from the legal context. For example, the explanation of the subjunctive mood of a verb (used to express 'some­ thing that is not definite, but is uncertain, doubtful or hypothetical') is followed by excerpts from three cases where judges have identified the use of the subjunctive mood in a particular document or piece of legislation as being visited by certain legal consequences. As I read through this chapter I was struck by the attention to grammatical structure evident in the decisions of judicial officers at all levels. While an advocate may concentrate on their personal command of vocabulary or, in argument, on the legal analysis of ^{words in a particular context (ie,} 'shall', 'may'), less attention is paid to the use of grammar. The authors point out that important legal distinctions often tum on the precise identification and function of grammatical constructs such as, for instance, the definite (the) or indefinite (a, an) article. Even the imprecise use or overuse of adverbs, adverbial phrases and adjectives in pleadings has not escaped judicial attention. It might do well to pay heed to the warnings of judges in these instances and Grammar for Lawyers could be helpful in identifying and rectifying problems that may cause a visitation of judicial wrath if left unattended.

The final chapter is of particular use to solicitors in their day-to-day practice. It encourages the reader to address such elements as finding the conceptual structure of a composition; using plain, concrete and active (rather than passive) language; and eliminating archaisms and unnecessary legal expressions. As well, this chapter offers what the authors term 'strategies' to assist in the application of grammar rules in the legal context. The authors close by bringing attention to some common problems of language use; for instance, the commonly mistaken use of the words 'which' and 'that'. I must confess here that my pen­ chant for grammar books has grown from the search for a plain English explanation of the rules governing this dichotomy - a search caused by a vastly irritating grammar program on my computer that constantly alerts me to improper use of 'which' and 'that' without explaining why.

What is noticeably absent in Gram­ mar for Lawyers is a short and simple guide to punctuation. Punctuation is a useful and, many would argue, essential adjunct to grammar that is often misunderstood or abused. Although this exclusion must have been deliberate, for the sake of a few less pages it is a glaring omission. For those who wish to ensure the success of their written work, a further guide to use of punctuation should be sourced and added to their library; G. Stem's Choosing Your Mark: A Guide to Good Expression and Punctuation (Australian Government Publishing Service) comes highly recommended for this purpose.

In the preface to Grammar for Lawyers the authors suggest that contemporary standards of training in correct English usage are such that few professionals are 'familiar with the terminology of traditional grammar'. It is true that with the demise of letter writing (in favour of email) the finer skills of writing have become less important to today's professional. However, there is an argument that law should be treated differently to other professions because linguistic analysis, skilled argument and rhetoric are a lawyer's tools of trade. For this reason any book that assists in gaining or honing those skills is a worthwhile investment. While I have always relied on W. Strunk Jr and E.B. White's admirable little book, The Elements of Style (4th edn, Allyn & Bacon, 2000) as a clear general reference on the subject, Grammar for Lawyers may nevertheless confidently claim a place in the lawyer's library as a handy guide to effective legal writing.

TATUM HANDS

Tatum Hands is a PhD candidate in the Department of Political Science at the University of Western Australia.

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