WRITING MANUAL - Supreme Court - State of Ohio

COMMONLY MISUSED WORDS AND PHRASES (CONT.)
14. As such. Use as such to refer to an object or idea just expressed. For
example, “The juror was a military officer and, as such, was a natural
for the role of foreman.” Do not use as such merely to connect
sentences or phrases or as a substitute for therefore.
15. Assure; ensure; insure. Assure means to convince another of
something. For example, “The defendant assured the victim that the
basement was safe.” Ensure means to make sure or certain. For
example, “The will ensures her daughter’s comfort for life.” Insure
means to provide insurance. For example, “He insured his home for
more than it’s worth.”
16. Attorney fees. Use attorney fees, not attorney’s fees or attorneys fees.
17. Between; among. Between indicates a one-to-one relationship, even if
there are more than two objects at issue. For example, “The bonds
between the three defendants supported a united front for the jury.”
Among indicates a collective or undefined relationship. For example,
“The consensus among the three defendants was that they had been
framed.”
18. Cite; cite to; citation. Cite is a verb and, in most legal contexts, means
to refer to or offer as an example or authority. Use cite, not cite to. For
example, “Defendant cites Miranda as support for his arguments.”
Citation is a noun and is preferred over cite, where appropriate. For
example, “Appellant offers a single citation in support of his theory.”
19. Clearly; obviously. Avoid using clearly and obviously as mere
intensives.
20. Compose; comprise. Compose means to form or produce. For
example, “Six Ohio counties compose the Second District Court of
Appeals.” Comprise means to include or contain; therefore, the phrase
comprised of is always wrong. For example, “The Second District
Court of Appeals comprises [or is composed of] six counties.”
21. Convince; persuade. Convince indicates a mental state. For example,
“Defense counsel convinced the jury that his client was innocent.”
Persuade indicates a resulting action. For example, “Counsel persuaded
the jury to return a defense verdict.”
The Supreme Court of Ohio 117 Writing Manual