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The Media’s Role in Corrupting Possessive Form

Posted in Briefs

Over at Legalwriting.net, Wayne Schiess has posted his observation that many lawyers fail to use an "apostrophe + s" to create the possessive of a word already ending in "s."  Professor Schiess notes a connection between this tendency and newspapers’ use of this form.  (Yes, it’s OK to use only an apostrophe when the word is already plural.)

I admit that I sometimes backslide when writing "court of appeals" as a possessive.  "The court of appeals’s ___" often seems awkward and too attention-grabbing.  Other than to rewrite the sentence to avoid the possessive (which tends to create passive voice problems), I haven’t come up with a satisfactory solution.  Fortunately, Professor Schiess seems to have given those struggling with this issue a free pass.

The notion that newspapers can influence legal writing reminds me of Roger Hughes’s piece in The Appellate Advocate called Legalese in the Age of IM (Instant Messaging).  If newspapers hold that kind of sway, how long will it bebefore we start seeing IM slang in legal briefs?  If Roger’s tongue-in-cheek prediction holds true, it’s only a matter of time.

  • p kilpatrick

    My question is not where to place the apostrophe but how to pronounce the possessive of TEXAS. I will say that a San Antonio TV news program runs an ad for their upcoming news/weather and pronounces Texas as Texases. I was taught many years ago that the “es” is silent. Therefore the possessive would be pronounced exactly as the word without being possessive. Language changes over time so maybe this has changed. I can only say that this particular pronunciation grates on my nerves and sounds like stuttering to me.