Pronoun References: Part I-when No Substitute Will Do

• Publication year: 1996
• Pages: 29
• Citation: Vol. 25 No. 7 Pg. 29

25 Colo.Law. 29 Colorado Lawyer 1996.

1996, July, Pg. 29. Pronoun References: Part I-When No Substitute Will Do

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29

Vol. 25, No. 7, Pg. 29

Pronoun References: Part I---When No Substitute Will Do

by K.K. DuVivier

©1996 K.K. DuVivier

[Please see hardcopy for image]

In our writing we know who is who and what is what, but we often fail to let our readers know. Readers follow easily if we give them specific information. A pronoun can be a good substitute for specific information, but to avoid confusion, a pronoun must clearly refer back to its antecedent---the word or words for which it substitutes.(fn1)

Ambiguous pronoun references plague much legal writing. Two frequent reasons for pronoun ambiguity are (1) multiple antecedents and (2) overly broad references.

Multiple Antecedents

The problem of multiple antecedents arises when a sentence or paragraph contains two or more nouns that could serve as the antecedent to which the pronoun refers. Notice the ambiguity created by the following instruction from the Texas Employment Commission.

Original: The parties are advised that they should immediately mail any documents they intend to rely upon as evidence in the hearing to the hearing officer and the other party at the addresses listed above. Failure to provide the other party with a copy of the document(s) may result in their exclusion from the hearing.(fn2)

This wording creates confusion about who or what will be excluded from the hearing. Does "their" refer to the errant party, to both parties, or to the documents themselves

In most cases, ambiguity can be avoided by placing the pronoun and its antecedent in close proximity---assuring that no word or words that could be mistaken for the antecedent intervene. Under standard grammatical construction, "their" would refer to the documents. Generally, the antecedent is the closest noun that immediately precedes the pronoun:(fn3) "document(s)" is the closest noun immediately preceding the pronoun "their."

But sometimes, proximity alone is not sufficient to eliminate ambiguity. "Document(s)" could be a singular noun, so the pronoun that corresponds to it should be the third person singular "its." Instead, the third person plural "their" is used in the instruction, causing readers to look back to the preceding sentence for an antecedent. In the preceding sentence, the third person plural pronoun "they" is used to refer to the noun...