Peer to Peer Magazine

Fall 2015

The quarterly publication of the International Legal Technology Association

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WWW.ILTANET.ORG 69 CAN/MAY The Story: Many legislators and committees promulgate rules and regulations with can, which means a citizen does not have the "ability" to violate them, when they mean a citizen does not have "permission" to violate them. The Rule: Can refers only to ability; may confers only permission. A Tip: As a friend's mother used to tell her son when he asked if he could go out and play, "You can and you may." LAY/LIE The Story: We confuse lay and lie because lay is the present tense of the verb to lay but the past tense of the verb to lie. And the two are not interchangeable. The Rule: To lay requires an object; to lie never has an object. This means Dylan got it wrong when he sang, "Lay lady, lay, lay upon a big brass bed." He meant to sing, "Lie, lady lie, lie upon . . . ," but he didn't want to sound Australian. A Tip: Remember, "Lie down." Everything else follows. Randi Mayes is the Executive Director of ILTA where she is responsible for oversight of all operations and serves as editor-in-chief of the association's numerous publications. A member of the American Society of Association Executives and the Texas Society of Association Executives, she has spoken and written on topics related to leadership development and association management. She's more than a little nuts about good writing. Contact Randi at randi@iltanet.org. Gary Kinder is a lawyer and New York Times best-selling author. He has taught over 1,000 writing programs for the American Bar Association and for law firms and corporate law departments around the country. He is also the creator of WordRake, the clear and concise editing software, which Harvard Law School recently recognized as "Disruptive Innovation." Contact Gary at garyk@wordrake.com. BETWEEN/AMONG The Story: Using either properly has a simple side and a complicated side. The Rule: Typically, we use between with two items and among with three or more items. But we also use between with three or more items, if the items: 1) are divided into two groups; or 2) interact with each other two at a time. And we should avoid using among with "mass nouns," like workers, or nouns that denote something diffuse, like fog. We have some great lessons on proper usage from Theodore Roosevelt's "The Winning of the West." two items: The annexation of Louisiana, including the entire territory between the northern Mississippi and the Pacific Ocean . . . . three or more items, but two groups: She hoped thereby to establish a strong barrier between her remaining provinces and her most dreaded foe. three or more items interacting two at a time: . . . since the close of the great colonial contests between England, France, and Spain. three or more items: Among the lands beyond the ocean America was the first reached and the most important. A Tip: With "mass nouns," instead of using among, use in, on or amid. With moccasined feet they trod among on brittle twigs, dried leaves and dead branches as silently as the cougar… You'll enjoy Gary's humor and expertise on a regular basis by subscribing to his Weekly Writing Tips at http://www. wordrake.com/writing-tips/. ME/MYSELF The Story: "Reflexive" pronouns, like myself, are necessary so we know when an actor refers to "herself" or another "her." "Jane taught her/herself to ride a bike." The Rule: Two-fold: first, never use myself to replace I; it is always objective. Second, never use myself instead of me, unless I is nearby and doing the acting: I taught myself to ride a bike. A Tip: If you're not sure, replace I with she or he, and myself with herself or himself. If the new sentence sounds correct, myself is also correct. When we get the usage right, our colleagues perceive us as smart and reliable. To be continued . . . .

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