In an era where diversity and inclusion are essential components of professional excellence, the legal field must also evolve. Respectful and accurate pronoun usage in court documents and oral submissions is no longer just a matter of courtesy — it is a professional responsibility that upholds the dignity of all individuals involved in the judicial process.
Pronouns are more than grammatical constructs; they are integral to a person’s identity. Misusing or disregarding someone’s pronouns can result in harm, alienation or even a breach of professional obligations under codes of conduct. For lawyers, the stakes are particularly high, as their role in advocating for justice includes creating an environment of respect for all parties, including clients, witnesses and opposing counsel.
The Canadian Bar Association (CBA) and provincial law societies emphasize professionalism and respect as core tenets of legal practice. Judges, too, are increasingly attentive to inclusive practices. For instance, courts have begun to incorporate preferred pronouns into proceedings to avoid implicit biases and promote fairness.
When lawyers fail to use correct pronouns, whether in written submissions or oral arguments, they risk undermining their credibility, offending the court or inadvertently contributing to systemic discrimination. In some cases, intentional misgendering could even be deemed a breach of professional ethics.
The Egale Pronoun Usage Guide offers practical insights into respectful pronoun practices, which lawyers can seamlessly incorporate into their work. Key takeaways include:
- If a person’s pronouns are not explicitly stated, it is appropriate to inquire respectfully. For instance, when addressing a client or witness, you might say, “Can you let me know your pronouns so I can address you correctly?”
- When introducing yourself in court or to colleagues, consider including your pronouns:
“Good morning, Your Honour. My name is [Name], and my pronouns are [e.g., she/her].”
This simple act normalizes the practice and sets a respectful tone.
- In court filings, ensure pronouns are accurate and consistently used. For instance, if a client prefers the pronouns they/them, all references to that client should reflect this preference. Double-check drafts for accuracy to avoid inadvertent errors.
- In cases where pronouns are unknown, use neutral language until clarification is possible. For example, instead of saying “he” or “she,” use the individual’s name or a professional title.
- Mistakes happen. If you use the wrong pronoun, apologize briefly, correct yourself and move forward. For example:
“I apologize, what I meant to say was, ‘They’ submitted the affidavit yesterday.”
- In oral submissions, respect for pronouns demonstrates professionalism and builds rapport with the court. A judge who observes meticulous respect for all parties’ identities is more likely to perceive you as a competent and culturally aware advocate.
Given the evolving landscape of gender and identity, ongoing education is critical for lawyers and paralegals. Incorporating pronoun usage training into law firm programs and encouraging staff to review resources like the Egale Pronoun Usage Guide can foster a more inclusive environment.
Proper pronoun usage is not simply a matter of legal etiquette; it is a reflection of the legal profession’s commitment to equality and justice. By adopting these practices, lawyers not only fulfill their ethical obligations, but also strengthen public confidence in the legal system’s ability to treat all individuals with fairness and respect.
As leaders in the justice system, lawyers must model inclusivity and respect in every aspect of their work. Proper pronoun usage, both in court documents and oral submissions, is a small yet powerful way to demonstrate professionalism and uphold the dignity of all individuals. By embracing these practices, we not only meet the expectations of a modern legal system, but also contribute to a more inclusive society.
For further reading, the Egale Pronoun Usage Guide is an excellent resource that offers deeper insights into inclusive language practices. Acknowledgment: Resource flagged by Jessica Abramson.
LINK: https://egale.ca/awareness/pronoun-usage-guide/
Editorial note: This article was first published on LinkedIn in October 2025 and is republished here for reference.
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