To paraphrase a trendy expression, you can’t fix sloppy. When I see grammatical errors in legal writing — or anywhere, actually — it kind of drives me crazy. I definitely become skeptical of the writer’s prowess. Even if you never utter “whom” or “whomever” aloud, you need to use it correctly in your writing.
Speaking vs. Writing
In casual usage, speakers frequently substitute “who” for “whom.” You seldom hear “whom” in everyday speech.
Using the pronoun “whom” can seem old-fashioned or pretentious. You might ask, “Who did you serve the summons on?” and nobody would think twice. “On whom did you serve the summons?” is correct but might come off as snooty.
I recently came across what I consider an extreme example of bad grammar in this description of a military mess hall: “Whomever wasn’t eating was talking.” Uh, no.
Even if you never utter “whom” or “whomever” aloud, you need to use it correctly in your writing. It’s a good idea to use it properly in oral argument as well.
Subject vs. Object
Get to the Point has previously preached against the incorrect, ubiquitous misuse of the subjective “I.” Why people shun the objective case pronoun “me” stumps me. It doesn’t stump I, so why would I say it stumps Joan and I?
Misuse of “who” versus “whom” is another example of subjective/objective case confusion.
“Who” or “whoever” is the subject of the sentence. You are referring to the person doing the action. The simplest correction of that ungrammatical sentence would be: “Whoever wasn’t eating was talking.” The writer is referring to people doing the action of eating and talking. But an even better plain-English sentence would have been “Everyone who wasn’t eating was talking.”
Or how about “Everyone was eating or talking” and avoid the whole who/whom issue altogether?
“Whom” or “whomever” are objective case pronouns. Use objective case pronouns as the object of a verb to show who is being acted upon and as the object of a preposition, as in “Vote for whomever you like best.” Undoubtedly, you have seen documents that address the reader as “To whom it may concern.” Maybe you still use this phrase yourself.
Your credibility is on the line when you present your brilliant legal argument orally or in writing, regardless of whomever you are in front of. Whoever is listening or reading your document might be turned off or distracted if you choose the wrong pronoun.
More Writing Tips
Find more good ideas for improving your legal writing and communications skills in “Get to the Point” by Teddy Snyder.
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