Check spelling and Latin terms

Latin legal phrases follow specific formatting and usage rules. Most Latin phrases should be italicized: per se, inter alia, ex parte, de novo, prima facie, sua sponte. However, phrases that have been fully adopted into English are usually not italicized: habeas corpus, subpoena, amicus curiae, pro bono, attorney in fact. There's inconsistency across style guides, but modern legal writing favors italicizing most Latin. Common errors include forgetting italics, italicizing phrases that shouldn't be, and using incorrect phrases (e.g., 'per say' instead of 'per se').

Frequently misused Latin phrases create credibility problems. 'Ex post facto' means after the fact, not retroactive (though it's often used that way in constitutional law). 'Inter alia' means among other things, not between parties. 'Prima facie' means at first appearance or on its face, requiring evidence sufficient to establish a fact unless rebutted. 'Res ipsa loquitur' means the thing speaks for itself (negligence inference). 'Mens rea' means guilty mind (criminal intent). Using these phrases incorrectly signals unfamiliarity with legal terminology. If unsure of a Latin phrase's meaning, use English instead.

Consider whether Latin phrases add value or merely sound fancy. Modern legal writing authorities discourage unnecessary Latin. If an English phrase works as well, use English. 'Among other things' is clearer than 'inter alia.' 'On its face' is clearer than 'prima facie.' However, some Latin phrases are established terms of art that efficiently communicate specific legal concepts (habeas corpus, mens rea, voir dire). Use Latin when it's the standard term for a specific legal concept, but avoid Latin just to sound lawyerly. Clarity trumps tradition.