United States: Tales Of Typos And Punctuation Problems

I've written once or twice in the past about how questions of punctuation and typographical error can be unimportant when the issue amounts only to pedantry. Of course, punctuation can be very important. The stage phenomenon Hamilton has a good line or two about this involving "My dearest Angelica. With a comma after dearest, you've written ... My dearest, Angelica" with this particular Schuyler sister noting how it changed the meeting and inquiring whether Alexander intended it.

There are more mundane, less lyrical examples that can be encountered in situations every day. For example, just playing around with punctuation can change entirely the meaning of two paragraphs that only differ by their punctuation:

  • Somehow I managed not to write anything for almost two weeks. I'm sick it happened. I'll try to do better starting now.
  • Somehow, I managed. Not to write anything. For almost two weeks I'm sick. It happened. Ill! Try to do better. Starting now.

Today's post hits two topics with nearly nothing in common other than the role that punctuation (or asserted typographical errors) plays in each one.

The ABA Journal directs all of our collective attention to this story of a Florida lawyer who has now been disbarred for breaking into his former law firm and stealing items. The headline of the article reads: "Lawyer disbarred after breaking into former law firm; blamed punctuation problem." Now, setting aside the fact that the ABA managed not to properly use that semicolon there in that headline, the headline is one that seems like it is designed just to make you click through to see how in the world a punctuation problem could be a defense to breaking and entering.

Go ahead and click if you want, but [SPOILER ALERT] it's not even close to a viable defense. I'd call the role of punctuation in that case mere pedantry but I think that might be insulting even to pedants. You can read more of the details in the order disbarring the lawyer here, but the flimsy reed to support some of his conduct apparently was that because his former law firm had incorporated its professional name – Barak Law Group, PA – without putting periods after the "P" and the "A," then he could incorporate his own entity by the same name but with "P.A." That, apparently, would give him ownership and domain over the assets of his former law firm.

He proceeded to hold himself out in public as the owner of the firm and to file hundreds of notices of liens as well as some other public record or court documents to try to cause money to be diverted in his direction.

Of course, the lawyer in question also must have come to realize that his magical argument about the missing periods wasn't as powerful as he hoped. One of the pieces of misconduct spelled out against him in the proceedings involved surveillance video driving home the point that his punctuation arguments weren't opening doors for him as he had hoped:

The video allegedly showed Brady and his brother backing a truck up to the Barak firm, tying a rope from the truck to the front door and using the car to rip the door open. The video showed Brady and his brother removing a safe and the computer server, Barak testified.

In the end, he got what Florida characterizes as permanent disbarment, and the article explains that a big factor in that was a complete lack of remorse for the misconduct. Or, more lyrically as the article spells out, he "clings to his justification for his actions with a ferocity that is quite disturbing."

Shifting gears from playing with punctuation to quickly admitting and fixing a mistake in the form of a typographical error, the Tennessee Supreme Court put out an order yesterday that adopted a new revision to what was already a pretty brand new rule approving the concept of collaborative law practice.

The rule is Tennessee Supreme Court Rule 53. The fix had to be made to Section 16 of that rule and it involves replacing the word "record" with the word "agreement." Now, strictly speaking, that isn't exactly what I think of when I think of a typographical error. Having the rule say "agerment" or "egreement" would be a typographical error. Going with "record" when you meant to use "agreement" seems much more like just an error. But quibbling about that would truly be pedantry.

Without poring over the entirety of Rule 53, it is difficult to see what sort of difference it makes to have referenced a "record" rather than an agreement in the provision, but, I'll paste it below so you can guess for yourself if you'd like:

Section 16. Confidentiality of Collaborative Family Law Communication. A collaborative family law communication is confidential to the extent agreed to by the parties in a signed record agreement. Evidence of conduct or statements made in the course of a collaborative family law proceeding shall be inadmissible to the same extent as conduct or statements are inadmissible under Tennessee Rule of Evidence 408.

I'm really only including reference to it because I wrote a little bit about this rule when it was adopted back in April 2019, and I don't believe i raised one thought that I had about it at that time.

The concept of collaborative lawyering – which at least under the Tennessee rule is now embraced exclusively in the context of domestic relations law – is in some ways antithetical to a number of recognized aspects of the practice of law and in other ways is just something of an expansion of the lawyer as intermediary rule that we still have in Tennessee (RPC 2.2).

Now, the ABA long ago jettisoned Model Rule 2.2 but Tennessee is one of two U.S. jurisdictions to still have it. If the reference isn't striking any bells for you, it is the rule that applies:

when the lawyer provides impartial legal advice and assistance to two or more clients who are engaged in a candid and non adversarial effort to accomplish a common objective with respect to the formation, conduct, modification, or termination of a consensual legal relation between them.

Thus, aspects of the role that lawyers play in a collaborative lawyering arena can be thought of a bit like if two different lawyers were engaged in a joint venture for the purpose of serving two clients as intermediaries. But, admittedly, that analogy is imperfect at best.

[P.S. I'm fully invoking Muphry's Law here in advance of any errors anyone spots in this post.]

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Topics
 
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions