Dangerous Words, Instalment Two: How to Use 'Also'
This 'dangerous words' series looks at problematic words commonly used in legal writing. Instalment one discussed that pernicious word 'only'. This instalment discusses 'also'.
The best advice one can give about this horrific word is that it's a pointless space-filler that's best avoided altogether. However, if you are going to use it, the points below may be helpful.
Purpose
‘Also’ is used in conjunction with verbs in legal texts. It is used to show agreement or common purpose as between two subjects. For example,
John has a degree in law. Elaine also has a degree in law.
or
Elaine has a degree in law. She also has a degree in French.
However, the first of these examples could equally (and more economically) be rendered as
John has a degree in law, as does Elaine.
The second could be changed to
Elaine has degrees in law and French.
In other words, the use of 'also' often gives rise to unnecessarily ponderous and repetitive sentence structuring.
Placing
It should be placed before the main verb (e.g. ‘has’ in ‘Helen also has a degree in law’). Where the verb ‘to be’ is used as an auxiliary in conjunction with a verb in infinitive form, ‘also’ comes after the ‘to be’ form and before the infinitive. For example,
John and Suzanne will attend the meeting at 2pm. Elaine will also join us.
In this example, using 'and' would create greater economy:
John and Suzanne will attend the meeting at 2pm, and Elaine will also join us.
What to avoid
There are two main traps to avoid when using 'also' (aside, that is, from using it in the first place):
1. Avoid starting a sentence with ‘also’, as this can give rise to uncertainty as to its overall meaning. For example, in the sentence, ‘Also the purchaser is bound by this obligation’, it is unclear whether the use of ‘also’ means that the purchaser as well as someone else is bound by the obligation or whether 'also' is used as a synonym for ‘furthermore’.
In this particular example, it is better to be more specific. For example,
Both the purchaser and the seller are bound by this obligation.
or
Furthermore, the purchaser is bound by this obligation.
2. Avoid placing ‘also’ after the verb to which it relates. For example, write
The lawyer must also report to the client on a regular basis.
and not
The lawyer must report also to the client on a regular basis.
The purpose of putting ‘also’ before ‘report’ in this case is that doing so makes it clear that reporting to the client on a regular basis is the additional duty the lawyer must fulfil. In the second example (‘the lawyer must report also to the client on a regular basis’) the reader might gain the impression that the lawyer is being asked to report to the client as well as some other unidentified person on a regular basis.