By Amy Bitterman*
Just as fiction writers deliberate over name choice to create an impression about characters, advocates should also carefully consider how they identify clients in legal documents. While attorneys do not have the luxury of making up evocative names, they can decide whether to refer to a client by first name, last name, nickname, or legal status. In so doing, they should bear in mind the effect these choices may have in terms of generating empathy for their client and/or antipathy toward an adversary. For example, consistently referring to parties by title can help persuade a judge or jury that they are entitled to the rights and privileges typically accorded that status.
Using examples from both literary works, including Alice Walker’s The Color Purple and Honoré de Balzac’s Colonel Chabert, as well as briefs, pleadings, and judicial opinions, such as United States v. Farmer, McFarland v. Miller, and United States. v. Choi, this Article explores the communicative power of: (1) nicknames, (2) first names, (3) gender prefixes, (4) honorifics, and (5) pronouns, and suggests ways counsel can harness this power in court submissions.