CBA Record May-June 2022

To: “An inexperienced paralegal will interrupt the attorney multiple times with minor questions.” Professor Rowe suggests using this simple approach for some sentences. 6. Write in the plural if it is not ambiguous. Change: “A director shall be paid his or her reasonable expenses.” To: “Directors shall be paid their reasonable expenses.”

7. Use the passive voice if it is not ambigu ous. Change: “The applicant must include his or her mailing address in his or her application.” To: “The applicant’s address must be included in the applica tion.” I generally recommend that writers avoid the passive voice. Writ ing in the active voice clarifies who is doing what and is often shorter. However, there are exceptions. Making language more inclusive is a worthy exception. As attorney Anne Ellis stated, “it’s perfectly fine to be strategic about where and when you use the passive voice. If it makes sense to use it in your writing, by all means, go for it.” 8. Changegendered language (nouns or verbs) togender silent language. Change: “If the occupational nurse is absent, the foreman must assign a workman who is a qualified first aid responder to man the safety office.” To: “If the occupational nurse is absent, the supervisor must assign a worker who is a qualified first aid responder to staff the safety office.”

11. Replace the noun with the verb. Change: “An inspector may not enter any residence unless the occupant has given his or her consent.” To: “An inspector may not enter any residence unless the occu pant has consented.” Adding verbs, especially active, direct ones, can add punch to your sentence. Replacing nouns with verbs can also make the sentence shorter. 12. Eliminate other plurals when using “they” as the chosen pronoun for an individual. Change: “When deciding difficult cases, Judge Smith exercises their discretion carefully.” To: “When deciding a difficult case, Judge Smith exercises their discretion carefully.” To make it clear your use of “they” is the chosen pronoun for an individual, Professor Rowe suggests: “[A]void using plural nouns elsewhere in the sentence. With only singular nouns, the pronoun they will obviously refer to the person.” As the Purduewebsite remarks, “When individuals whose gender

We are used to hearing “flight attendant” instead of “stewardess,” but we need to be vigilant in recognizing gendered language in less obvious phrases, such as staffing the office. 9. Rewrite to avoid gender references Change: “A person may be fined up to $100 if he or she violates subsection (1).” To: “A person who violates subsection (1) may be fined up to $100.” An example like this shows us gender refer ence is not always essential.

is neither male nor female (e.g., nonbinary, agender, genderfluid, etc.) use the singular they to refer to themselves, they are using the language to express their identities. Adopting this language is one way writers can be inclusive of a range of people and identities.” We have already seen the change from he to he or she. Now we are witnessing and invited to join a shift in language. Adjusting our writing and our ideas of grammar rules is a challenge but worth the effort. Our goal is to reflect and affirm a more inclusive society.

10. Eliminate the pronoun. Change: “A lawyer needs his time away from the office.” To: “A lawyer needs time away from the office.” Professor Rowe notes this works particularly well when gender specific pronouns supply no helpful or necessary information.

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