Law and Conversation

October 30, 2009

Singular and plural

Filed under: Books and writing,legal writing,Uncategorized — Helen Gunnarsson @ 5:15 pm
Tags: , ,

An AP article posted this week in the online edition of the Chicago Tribune at http://www.chicagotribune.com/business/sns-ap-us-tec-facebook-profiles,0,5187017.story , “Facebook keeps profiles of people who have died, though removes some features,” disturbed and disappointed me.

 You’re right—the article’s header is awkward.  But what REALLY bothered me was in the text of the article. 

 Here it is:

 “… only the deceased person’s confirmed friends can find them in a search.”

 PLEASE!  Has the AP—or the Tribune—cast aside all grammatical standards?  The word “them” refers to “person.”  “Person” is singular.  “Them,” therefore, is incorrect.

 I know, I know.  You speak this way.  (Full disclosure:  so do I.)  Prose in newspapers and magazines, and even in some documents filed in court, has become increasingly informal, more like speech.  I use an informal, spoken style myself for the articles I write for the Illinois Bar Journal.  It makes articles easier to read for busy people who are short on time and, perhaps, attention span.  So why is it not OK to write this way, too, and use “them,” or “they,” or “their,”  to refer to one person?

 Because it’s just WRONG, dammit.

 This sentence should be revised to read

 “…only the deceased person’s confirmed friends can find HIM OR HER in a search.” 

 Granted, “him or her” is clunky, using three words when you’d prefer one.  So why didn’t the writer—or the editor—follow Rene J. Cappon’s suggestion in “The Word:  An Associated Press Guide to Good News Writing,” by revising the sentence to put the whole business into the plural, like this: 

 “…only the deceased persons’ confirmed friends can find them in a search.”

 Or the writer could have tightened it up even more by eliminating “persons’,” like this:

 “…only the deceased’s confirmed friends can find them in a search.”  (Note that the term “deceased,” when used as a noun, may refer either to a singular dead person or to a multitude of dead people.)

 I shudder when I see this mistake in print, not only in some of what are supposed to be the finest publications in the country but also in court filings.  (Facebook itself consistently uses plural pronouns to refer to its singular users.)  Why on earth would any editor let a construction like this go to print?  Didn’t the writer, or the editors through whose hands the original piece passed, know any better?

I’ve read that, far from being a novelty, recorded examples of this substandard construction go back to Chaucer.  I know it’s inevitable for language and accepted style to change.  I even agree that change is good—that’s how English as we know it not only came into existence but also became so colorful and expressive.  But this is one change to reject.

October 24, 2009

Lawyers, beware the Chinese e-mail phishing scam!

Filed under: Law — Helen Gunnarsson @ 10:46 am
Tags: , ,

I’m at the 5th Annual Solo and Small Firm Conference in Springfield, put on by the Illinois State Bar Association. The presentations are fabulous, and I’m looking forward to writing about some of them in the coming months for the Illinois Bar Journal. (See what was on the agenda by visiting http://www.isba.org/soloconference/09/ .)

 This morning I sat in on a great presentation by Catherine Sanders Reach of the American Bar Association’s Legal Technology Resource Center, “Collaboration Tools: Paperless Communication With Clients,” in which she touched upon one of the more recent phishing scams that specifically targets lawyers.

I wrote about this scam in the LawPulse feature in the September 2009 issue of the Illinois Bar Journal at http://www.isba.org/ibj/2009/08/386_lawpulse.html#emailscam . Here’s how it works: You’ll get an e-mail with header such as “Request for legal assistance.” The e-mail will purport to come from a company based in China and, in less than perfect English, will say that the company needs your help to “exert pressure on delinquent customers” or other words to the effect of needing debt collection services. It will also probably butter you up, saying something like “after a careful review of your profile as well as your qualification and experience,” which, it will note, it obtained from the Online Legal Directory—which doesn’t exist—“we are of the opinion that you are capable and qualified to provide the legal services as requested.”

Here’s what you should do if you see such an e-mail in your inbox or spam folder: Delete it without hesitation, without bothering to open it, and without giving it a second thought.

This is a variation on other scams, including the better-known Nigerian e-mail scams and some online auction site hoaxes, that tries to get victims to deposit checks in their bank accounts, then withdraw a sum that’s considerably smaller than the amount of the funds deposited and wire them to the scammer, enticed by the offer of getting to keep the balance in exchange for little or no work and lulled into a false sense of security by the bank’s having (only provisionally) cleared the funds for use. A few days, or a week, or two weeks later, the bank notifies its customer, the unfortunate victim, that the check was fraudulent. The victim then has to make good on the amount wired and has no meaningful recourse, since the scammer is over in China or heaven knows where.

As I wrote in my article, the American Bar Journal, the California Bar Journal, and the state bars of Michigan and Tennessee have all reported that embarrassed lawyers in their states have nearly fallen prey to this con job, narrowly averting six-figure losses. You can read those advisories and reports at http://www.michbar.org/advisory/advisory6-3-09.cfm and http://www.tba2.org/tbatoday/2009/TBAtoday06-09-2009.htm  , http://www.calbar.ca.gov/state/calbar/calbar_cbj.jsp?sCategoryPath=/Home/Attorney %20Resources/California%20Bar%20Journal/July2008&sCatHtmlPath=cbj/2008-07_TH_01_Internet-Scam.html&sCatHtmlTitle=Top%20Headlines , and http://www.abajournal.com/weekly/ bradley_arant_reportedly_scammed_ out_of_more_than_400k .

The Chinese e-mail scam has also been reported on several blogs. Rich Kuslan, an attorney licensed in New York and Connecticut who blogs at Asiabizblog, for example, has reported several variants on the scheme, at http://www.asiabizblog.com/archives/2009/03/another_attorne_1.htm , http://www.asiabizblog.com/archives/2009/04/another_ attorne_2.htm , http://www.asiabizblog.com/archives/2009/06/law_firm_loses.htm , and http://www.asiabizblog.com/archives/2009/06/a_further_twist.htm .

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