Who or whom?
The correct use of who and whom is a matter which many non-native and native speakers of English alike have difficulty with. The distinction between them is that who acts as the subject of a verb, while whom acts as the object of a verb or preposition. This distinction is not particularly important in informal speech but should be observed in legal writing.
For example, whom should be used in the sentence, ‘I advised Peter, John and Mary, all of whom are contemplating claims against RemCo Ltd’.
Who should be used in the sentence, ‘I saw Peter, who is contemplating a claim against RemCo Ltd’.
When who is used, it should directly follow the name it refers to. If it does not, the meaning of the sentence may become unclear. For example, ‘I saw Peter, who was one of my clients, and James’ instead of ‘I saw Peter and James, who was one of my clients’.
Which or that?
Which and that can frequently be used interchangeably. However, there are two rules to bear in mind.
- When introducing clauses that define or identify something, it is acceptable to use that or which. For example, ‘a book which deals with current issues in international trade law’ or ‘a book that deals with current issues in international trade law’.
- Use which, but never that, to introduce a clause giving additional information about something. For example, ‘the book, which costs €30, has sold over five thousand copies’ and not ‘the book, that costs €30, has sold over five thousand copies’.
Who, whom, which or that?
Who or whom should not be used when referring to things which are not human. Which or that should be used instead. For example, ‘the company which sold the shares’ is correct. ‘The company that sold the shares’ is also correct. ‘The company who sold the shares’ is incorrect.
That should be used when referring to things that are not human, and may be used when referring to a person. However, it is usually thought that is more impersonal than who/whom when used in this way. As a result it is better to say ‘the client who I saw yesterday’ than ‘the client that I saw yesterday’.
I found your post to be very insightful. Although your post is older, it is very relevant and was a straightforward guide to understanding the simple differences of some very common misunderstandings. I'm relatively new to working in the field of law and one of the first things I realized is the importance of proper syntax and grammar. Learning to write with a legal mindset takes time, but simple basics like the difference between Who and Whom/ Which or that is something that has confronted me on several occasions. However, your post is useful because grasping the proper usage is not limited to law, but is applicable for anyone seeking to speak and write correctly. Thanks for sharing and feel free to take a look at my own blog about the Supreme Court, the millennial generation and my journey through the field of law - http://millenniallaw.blogspot.com - thanks!
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