Legal writing demands accuracy, precision, and clarity. One commonly used Latin term in legal documents is sic, which serves an important function in quoting material while maintaining factual integrity.
But how exactly should sic be used in legal writing? What are the best practices, and when should it be avoided? This topic provides a detailed guide on the correct use of sic in legal writing, including examples and common mistakes to watch out for.
What Does Sic Mean?
Sic is a Latin word meaning “thus” or “so.“ In legal and academic writing, it is used within square brackets—[sic]—to indicate that a quoted text contains an error, unusual wording, or an unconventional phrase, and that the error is from the original source, not the writer’s mistake.
This prevents misinterpretation and ensures that the quoted material is preserved accurately.
Example:
- The contract states, “The tenant is responsable [sic] for all damages.“
(The word “responsable” is misspelled, but the writer is quoting it exactly as written.)
When to Use Sic in Legal Writing
1. To Indicate a Spelling or Grammar Error in a Quotation
In legal writing, precision is key. If a court document, contract, or legal precedent contains a mistake, you must quote it exactly but use sic to indicate that the mistake was in the original text.
Example:
- The court ruling stated, “The defendent [sic] was found guilty on all charges.“
(The correct spelling is “defendant,” but the error was in the original document.)
2. To Highlight Incorrect or Unusual Word Usage
Sometimes, a legal document may contain an outdated or uncommon phrase. Using sic ensures that the reader understands that the phrasing comes from the source, not the writer.
Example:
- The witness testified, “He done [sic] it, I saw him.“
(The incorrect grammar reflects the exact words spoken.)
3. To Show an Incorrect Fact in a Direct Quotation
If a legal document, transcript, or statement contains an incorrect fact, sic helps clarify that the mistake comes from the original text and is not an editing error.
Example:
- The contract states, “The company was founded in 1985 [sic],” but records show it was actually founded in 1992.
4. To Indicate an Intentional Mistake in Fraudulent or Questionable Documents
In legal disputes involving fraudulent contracts, forged signatures, or incorrect citations, sic is useful in pointing out discrepancies.
Example:
- The allegedly signed document reads, “John Doe singed [sic] the agreement on May 10, 2023.“
(This suggests that the document may have been altered or incorrectly prepared.)
How to Properly Format Sic in Legal Writing
To ensure professional and correct usage, follow these formatting rules:
- Sic should always be placed inside square brackets:
[sic] - It immediately follows the error in the quoted text
- It should not be italicized unless required by a specific legal style guide
Correct Usage:
✔ The email stated, “We have recieved [sic] your application and will process it shortly.“
Incorrect Usage:
❌ The email stated, “We have recieved sic your application and will process it shortly.“
❌ The email stated, “We have recieved [SIC] your application and will process it shortly.“
When Not to Use Sic in Legal Writing
While sic is a valuable tool, it should not be overused. Here are instances where it should be avoided:
1. When the Mistake Is Irrelevant or Minor
If a small error does not affect meaning or legal interpretation, sic may be unnecessary.
Avoid this:
- The form says, “Fill out the adress [sic] below.“
(If the spelling mistake is minor and does not impact understanding, sic may be excessive.)
✅ Better alternative:
- The form contains a minor spelling mistake in “adress” instead of “address.“
2. When Paraphrasing Instead of Quoting
Sic is only needed for direct quotations. If you’re paraphrasing, simply correct the error.
Incorrect usage:
- The client said that he “has no ideea [sic] what happened.“
✅ Better alternative:
- The client stated that he had no idea what happened.
3. When a Citation or Footnote Can Provide Clarification
If an error in a legal document requires additional context, using a footnote or explanatory note may be more appropriate.
Avoid this:
- The court ruling said, “The law was repeeled [sic] in 2010.“
✅ Better alternative:
- The court ruling said, “The law was repeeled in 2010.“¹ (Footnote: “Repeeled” appears to be a typographical error in the original document.“)
Common Mistakes to Avoid When Using Sic
❌ Overusing Sic to Mock or Insult
Sic should be used professionally and objectively, not to ridicule someone’s mistakes.
Unprofessional example:
- The defendant’s statement: “I no [sic] what happened that night!“
(The phrase is incorrect, but sic should be used professionally, not to highlight poor grammar unnecessarily.)
❌ Using Sic When a Simple Clarification Works Better
If a quote contains an obvious error, it may be better to clarify it in brackets instead of using sic.
Avoid this:
- The report stated, “The accident happened on December 32 [sic], 2022.“
(There is no December 32, so this is clearly a typo.)
✅ Better alternative:
- The report stated, “The accident happened on December 31 [corrected], 2022.“
Sic is a powerful tool in legal writing, legal documents, and court transcripts. It ensures accuracy in quotations while making it clear that errors originate from the original source, not the writer.
When using sic:
✔ Use it only when necessary
✔ Ensure proper formatting with square brackets [sic]
✔ Avoid overuse or unprofessional application
✔ Consider alternative methods like footnotes or explanations when appropriate
By applying sic correctly, legal professionals can maintain credibility, accuracy, and clarity in legal documents, ensuring that quoted material remains true to its original form while avoiding confusion.