Check the Spell-Check:

This is really funny. My favorite line from the brief: “It is well settled that a trial court must instruct sea sponge on any defense, including a mistake of fact defense.” Indeed. Thanks to Crime & Federalism for the link.

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    23 Comments

    1. Hoosier says:

      As a student(we’re going back a ways now) my word processing program had a built in political correctness feature in its spell check. Thus, I was warned every time I typed the name of my school that the word “dame” is considered offensive, and here is a list of substitutes.

      A bit of a problem, since I was at Notre Dame. Sorry, Notre Woman.

      Years ago I saw an article claiming that a law firm had similar software, and had sent paperwork to their client, who was re-named Mr. African American. The story was in a semi-legit newspaper–the Chicago Sun Times–but this seemed a bit of an urban legend to me.

    2. JB says:

      I heard the last one as a newspaper headline about economic performance, “Back in the African-American.”

    3. Guest2 says:

      Spell-check is a snare and a delusion.

    4. Sean M. says:

      My 7th and 8th grade English teacher gave us a poem that touched on this problem:

      “I have a spelling checker

      It came with my PC

      It planely marks for my revue

      Mistakes I can knot sea

      I ran this poem thru it

      And I’m sure yule bee glad two no

      Its letter perfect in it’s weigh

      My checker told me sew.”

    5. Goobermunch says:

      When I was a law clerk for the Colorado Court of Appeals, I encountered at least one brief that referred throughout to “the pubic defender.”

      –G

    6. Steve says:

      My college newspaper referred to Nelson Mandela as an “African-American,” although it was probably attributable to general thoughtlessness rather than spellcheck.

    7. Houston Lawyer says:

      You would think that there would be a lawyers version of spell check that you could down-load somewhere. I don’t believe the English language has gotten so large that Word can’t handle it on spell check.

      As someone who was taught typing on a manual typewriter, I have always preferred WordPerfect, which was written for people who learned to type as I did. However, Bill Gates and his minions have successfully killed that one off.

      Every time I get a new computer, I have to go and substantially revise the Word default provisions. I prefer that the Computer format as I tell it, not as someone else thinks I should.

    8. Michelle Dulak Thomson says:

      Steve, I remember some sportscaster referring to a medalist at the last (2002) Winter Olympics as “the first African-American from any country” to win a medal in the Winter Games.

      Goobermunch, allegedly a press release early in the first Clinton term offered “free and pubic tours of the White House.”

      Today’s Lesson: Proofread what you publish, already!

    9. bornyesterday says:

      Word Perfect is still around, I’m using it write now! It’s owned by Corel. It’s up to at least version 12.

    10. Houston Lawyer says:

      bornyesterday

      I realize that WordPerfect is still around. However, since I now make all of my document distributions by email, my clients need to be able to read my documents on their computers. The only people I know that use WordPerfect are other lawyers and MicroSoft has always made sure that Word won’t conveniently convert WordPerfect documents.

    11. Geek Lawyer says:


      When I was a law clerk for the Colorado Court of Appeals, I encountered at least one brief that referred throughout to “the pubic defender.”

      If you use Microsoft word, and you’re a lawyer, I’d recommend that you create an “exclude” dictionary, so that words that are uncommon in (most) legal documents but are in fact words are flagged in spell check — the two words that leap to mind are “statue” and “pubic” (though it’s probably best also to include statues, statue’s, and pubic’s).

      It’s a rare brief where I will need to refer to “pubic” anything, or to contrue a “statue,” so I’m happy to have those flagged as misspellings, and to deal with those unusual situations when they arrive.

    12. The Sheila Variations says:

      The sea sponge encroachment

      I know all I have said all day is “hahahahahahaha” but whatever – I’ve got too much on my mind to be original – so here’s another “hahahaha” – This article made me laugh out loud. A spell check gone…

    13. The Sheila Variations says:

      The sea sponge encroachment

      I know all I have said all day is “hahahahahahaha” but whatever – I’ve got too much on my mind to be original – so here’s another “hahahaha” – This article made me laugh out loud. A spell check gone…

    14. bornyesterday says:

      HL

      I’ve never had a problem getting WP to save files to Word format. I used it all through college and often had to submit papers by email in .doc format. Unless you are using a large number of stylization things — bullets, tables, images, etc — the there is no loss of formatting by doing a Save As and then choosing the most up-to-date Word formated document (I have up to Word 2003 since I haven’t updated WP in a while). However, trying to open Word documents created by someone else using Word can still be tricky with the simplest things (apostrophes and quotes sometimes get fubared).

    15. Geek Lawyer says:

      oops, meant in my earlier comment to offer a link to instructions on how to create an exclude file for Microsoft Word.

    16. Steve - History Buff says:

      I trust my dictionary more than spell check. Lawyers should probably have a spell check add-on with Latin and legal terms. Does Word Perfect come with one or is it flawed like Word?

    17. Justin_F says:

      Word’s spell check is really insufficient for the legal industry… there should really be an add-on. But what’s worse is when it automatically changes real words – for example, from tortious interference to tortuous interference.

    18. Michelle Dulak Thomson says:

      Justin_F,

      Does it really do that unless you specifically order it not to? Man. There’s nothing like having a clueless super-editor living inside your computer.

    19. Adam says:

      In a college newspaper, for an all-girls school, referring to bone marrow testing, the paper said: “Approximately 300 girls went to get testes…”

      Unfortunately for them, spellcheck didn’t pick it up

    20. Avi says:

      This attorney’s not alone in this error. Check out the first page.

    21. NickM says:

      That beats the complaint I read years ago for Tortoise Interference with Contract.

      Nick

    22. Stephen Quist says:

      Word keeps custom dictionaries in plain text files. You can add dictionaries of common words pretty easily (Tools | Options | Spelling &Grammar | Custom Dictionaries). It wouldn’t be terribly hard for someone to set up a custom dictionary of law terms. Then spelling correction would be available even for truly misspelled law terms. Maybe there’s even a cottage industry or internet market for such dictionaries.

      FWIW, I heartily endorse the suggestion that everyone be responsible for his own spelling and take extra care with automated spell checkers.

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