Monday, February 28, 2022

Commonly Confused

Writing effectively is an essential part of succeeding in law school and beyond. You want to make sure your words are clear, concise and, most importantly, correct. Below are some terms that are commonly misused or confused in legal papers.

  1. Ensure v. Assure v. Insure – These three words sound similar and are all verbs generally meaning “to make sure”. However, they are not interchangeable. Ensure is something done to guarantee an event or condition. Assure is an act done to a living being to relieve doubt. Insure has to do with limiting financial liability. 
  2. Council v. Counsel – You definitely do not want to confuse these when meeting with clients. Counsel refers to advice given to someone, or a lawyer who represents someone in a court of law. Council is a group of people who are chosen to make rules, laws, or decisions. 
  3. Affect v. EffectThese two are commonly used improperly. Affect is a verb meaning to influence. Effect is a noun meaning result.
  4. Precedent v. PrecedenceYou will see the importance of these in your writing and case briefing! Precedent refers to a case that has come before the case in which a lawyer is currently dealing. (The plural is precedents.) Precedence relates to ranking in order of importance or urgency.
  5. Whether v. Whether or NotIf you’ve had Dean Sullivan, you already know there’s a difference. Whether expresses some doubt. On its own, the word implies the “or not”, making it redundant to add it. In addition, leaving the “or not” off, makes it easier to answer a legal issue with a yes or no answer!

Are there other words or phrases you need clarified? Leave them in the comments below. 

P.S. There is never a wrong time to reach out for writing help. If you don’t know who to contact, please e-mail me (taylor.mace@msl.edu) and I can connect you to the best person.


- Taylor Mace

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