Here is my final set of commonly confused words. My other posts on commonly confused words are here (that/which/who; more than/over; few(er)/less; amount/number; farther/further; since/because/as; among/between; who/whom; attain/obtain), here (a/an/the; counsel/council; e.g.,/i.e.; it’s/its; principal/principle; then/than; utilize/use; you’re/your; affect/effect; tortious/tortuous; tack/tact; capitol/capital; motioned/moved; flesh/flush), here (although/while; assure/insure/ensure; complement/compliment; rational/rationale), here (a couple, a few, some, several, and many), here (born/borne; good/well; lay/lie; pair/pare/pear; peak/peek/pique; precedent/precedence; whether/whether or not), and here (disinterested/uninterested; discreet/discrete; elicit/illicit; liable/guilty; lead (lead)/lead (led)/led; loose/loosen/lose; plead/pleaded/pled; precede/proceed; prescribe/proscribe; site/sight/cite).

Adverse/averse – Both of these words are adjectives; that is, they describe or modify nouns. “Adverse” refers to something—or someone—that prevents success or blocks our path. It could be, say, adverse market conditions for certain investments; it could be an adverse party in a lawsuit. “Averse” means hostile or opposed to or showing a strong dislike or distaste, and usually refers to feelings about something. E.g., Analiese is averse to cigarette smoke. Or, Simon is risk-averse. That is, Analiese strongly dislikes cigarette smoke and Simon really doesn’t like taking risks.

Allude/elude – “To allude” is to suggest something indirectly. Like, Ryan’s report on our last meeting alludes to what we discussed the first time we met. “To elude” is to evade or escape, usually in a skillful or clever way. (Thus, you can remember elude = evade/escape.) E.g., The prisoners eluded the sheriff for a week before they were finally captured.

Assume/presume – My father used to have a saying about the word “assume,” which he once explained to me by drawing with his favorite pen on a napkin in a restaurant. It involved placing slash marks at two points in the word to show what happens when one assumes. “To assume” is to suppose or to believe, but without any proof. I assume that Jess won’t mind if we leave now means that I believe Jess won’t mind if we leave now, but really I don’t know for sure. I could be wrong. And if I am, well, there’s where my father’s diagram comes in.

Back with more sets of commonly confused words. While some may think the words on my lists are elementary, I assure you that I am choosing specific sets because I have seen law students and lawyers misuse them. In an effort to help eliminate that misuse, I present ten more sets of commonly confused words.

Disinterested/uninterested – The distinction between these two words is subtle, but it’s important. “Disinterested” means impartial, unbiased, having no stake in the outcome. E.g., To settle the dispute, we want a disinterested third party. “Uninterested” means not engaged, unconcerned, or bored. E.g., I am uninterested in the NBA playoffs. That means I pretty much don’t care about NBA playoffs or their outcome. They don’t interest me. I would not say, I am disinterested in the NBA playoffs. While with both sentences, I am saying I have no stake or interest in the outcome, “disinterested” implies an impartiality that I don’t mean. I am not impartial or unbiased (disinterested) about the playoffs; I affirmatively have no interest in them (uninterested).

Discreet/discrete – Though pronounced the same way, these two words mean two different things. “Discreet” means cautious or reserved, particularly in conduct or speech. A person who is discreet knows not to talk about a sensitive subject in public. “Discrete” means something that is separate and distinct. For example, in any given case, there may be two or more discrete legal issues; that is, two or more separate and distinct legal issues.

Elicit/illicit – These two words sound nearly the same when said, though the context of the conversation will often provide the cues a listener needs to know which word is which. In writing, though, you want to be sure to choose the correct word. “Elicit” means to draw out or draw forth, usually a response or a reaction. The defendant’s testimony about the crime elicited gasps from the jurors. “Illicit” means something illegal or unlawful, and therein is the best way to remember it. Illicit = illegal. Defendant was arrested for his illicit conduct.

Liable/guilty – And while we’re on the subject of illegalities, let’s distinguish between guilt and liability. While the words may be interchangeable to lay people, in law they tend to have some specific meanings. Someone convicted of a crime is guilty, but someone who violates some civil standard is liable.

I’ve previously posted on words that writers, particularly lawyers, commonly confuse. Those posts are here (that/which/who, more than/over, few(er), less, amount/number, farther/further, since/because/as, among/between, who/whom, attain/obtain), here (a/an/the, counsel/council, e.g.,/i.e., it’s/its, principal/principle, then/than, utilize/use, you’re/your, affect/effect, tortious/tortuous, tack/tact, capitol/capital, motioned/moved, flesh/flush), here (although/while, assure/insure/ensure, complement/compliment, rational/rationale), and here (a couple, a few, some, several, and many).

Today, I’ll cover seven more pairs of commonly confused words.

Born/borne – Both words are past participles of “to bear”; however, only one relates to birth. Use “born” when referring to literal or figurative birth, such as: She was born in California or Wisdom is born from years of experience. “Borne,” on the other hand, refers to the other meanings of “to bear”: such as, to carry, to produce, or to bring about. “Borne” would be proper in the following: Costs associated with this litigation will be borne by the defendant.

 Good/well – “Good” is an adjective, “well” is an adverb. That is, “good” describes and “well” modifies or qualifies. A good lawyer writes well. “Good” in that sentence describes the noun, “lawyer.” (What kind of lawyer? A good one.) “Well” qualifies the verb “writes.” (How does the lawyer write? Well.) The exception to this good/well distinction involves health. If you’re asked How are you?, the grammatically correct answer would be I am well (i.e., your health is good).

Do not use “good” to modify a verb. We might say That lawyer is good at writing, but we certainly wouldn’t say That lawyer writes good.

 Lay/lie – My wonderful colleagues Anne Enquist and Laurel Currie Oates from Seattle University have best explained the distinction between these two words in their book Just Writing: Grammar, Punctuation, and Style for the Legal Writer (4th ed. 2013). I am drawing from their explanation nearly verbatim but for style changes to fit the form here.