Commonly Confused Words

Does one allude danger or allude to an implied point, or both? Allude (verb): Allude is a verb that means “to casually mention something or refer to it indirectly”: “He alluded to another instance in which defendant failed to follow through with his obligations.” Elude (verb): Elude is a verb that

Would you forego the chance to sue for a decent settlement? Or would you be forgoing that chance? Forego (verb): Forego is a verb that means to go before or precede: “The State’s case-in-chief will forego Plaintiff’s defense.” Foregoing (adjective): Foregoing is an adjective that refers to something referenced to

Would I need to forbear or forebear from receiving some future benefit to have a bargained-for exchange? Forbear (verb): Forbear is a verb that means “to refrain or abstain from doing something”: “My father said that he would pay for my college if I agreed to forbear from partying.” Forebear

Is plaintiff’s claim farther or further attenuated than the bad precedent they cite to? Uses of Farther: Farther (adjective or adverb): Farther is used as an adjective or adverb that indicates physical distance between objects or from an object to a reference location: “The defendant’s requested venue is farther from

Can a holding imply the court’s unwillingness to consider an issue, or does it infer such an unwillingness? Imply (verb): Imply is a verb that means “to suggest or convey a meaning indirectly”: “The expert’s findings implied that the discrimination was invidious.” Infer (verb): Infer is a verb that means

Is your client averse to the potentially adverse effects of litigation? Or are they adverse to those effects? Uses of Adverse: Adverse (adjective): Adverse is an adjective that describes something unfavorable, harmful, or detrimental: “This holding will have adverse effects on future qui tam relators.” Legal Terms of Art: Adverse

Will your legal brief positively affect the outcome of your client’s litigation? Or should that be effect? Uses of Affect Affect (Verb): Affect is typically used as a verb meaning “causing a change”: “The threatened litigation affected my client’s mood.” Affect (Noun): Affect is also sometimes used as a noun meaning