Gender Appropriation In Legal Writing. What Are Your Gender Pronouns?
“Hi, there!” my name is Leah Marie. My gender pronouns are she/her. What are yours?”
Asking a client their gender pronouns has become just as important as asking what their name is. It is considered a form of respect, not just in meetings but in today’s society.
“What Are Gender Pronouns?”
Gender pronouns are words used to describe one’s identity. They are key facets of how people identify themselves and refer to others. They are just as important as one’s name. You would not intentionally call someone by the wrong name now, would you? Referring to someone by the incorrect gender pronoun may be considered disrespectful.
Gender Is Non-Binary
“Gender is non-binary. Gender is a social construct.” These theories are explored further in the book The Fate of Gender: Nature, Nurture, and the Human Future, wherein the author Frank Browning suggests that “gender has progressed and has many sub-elements of identity now.”
“How Does This Relate To Legal Writing?”
Legal writing has been considered very “traditional” with word use, solely as his or her pronouns. But what about the in-between, the ones that choose to not be either? Learning to write gender-neutral in legal writing has become necessary. Even the use of the word “they” is now considered acceptable and more inclusive.
Let’s Get With It!
Refusing to address someone by their correct gender pronoun is a direct violation of their civil rights.
I am aware of how safe it can feel to live in a black-and-white world. For many of us, gender pronouns were never considered in most of our legal writing. They were assumed based on name and physical appearance. There is a level of comfort that comes with writing a traditional way that feels safe. Maybe you work with attorneys who refuse to think outside of what they are used to and refuse to write in a more inclusive tone. I am not encouraging you to violate instructions or local court rules. However, unless stated otherwise…
Get with it!
Times have changed. Just as you would educate yourself on different art, culture, cuisine, and language the same applies to gender inclusivity.
If you feel nervous or unsure how to approach a client about their identity, I encourage you to do your due diligence and get comfortable being a tad uncomfortable. Laws are always evolving, how is gender any different?
