National Grammar Day

Precision, clarity, and the law.

March 4^th marks National Grammar Day for anyone looking to celebrate the English language. It also presents an opportunity to highlight the importance of word choice and grammar for lawyers in particular. In law, a misplaced comma or unclear sentence isn’t just cause for embarrassment—it can change rights, obligations, and outcomes. Here are two examples of common grammatical errors in legal writing that deserve special attention:

Commas that Change Meaning

The presence (or absence) of a single comma can alter how a list or clause is interpreted. Take, for instance, the 2017 case O’Connor v. Oakhurst Dairy, where a court determined that the absence of an Oxford comma in a Maine overtime statute caused enough ambiguity in the statute to allow a claim from dairy delivery drivers to proceed. That case eventually led to a $5 million settlement in favor of the drivers and the now-famous quote from Judge Barron: “For want of a comma, we have this case.”

Inconsistent Verb Tense and Modal Verbs

When drafting contracts in particular, the difference between shall, may, and must is critical. Inconsistent verb tense or casual word choice can blur whether an obligation is mandatory, optional, or conditional—opening the door to conflicting interpretation.

This National Grammar Day, lawyers and non-lawyers alike should reflect on the importance of a well-chosen word and well-placed punctuation mark. Good grammar isn’t about being pedantic. In the legal world, it’s about protecting clients, preventing disputes, and ensuring agreements accurately reflect the parties’ intentions.