Legal professionals know that every word in a brief, motion, or deposition carries weight. When you quote another document—a contract, a witness statement, or opposing counsel's filing—you need to reproduce that language exactly as it appears. But what happens when the original text contains a spelling mistake, grammatical error, or obvious typo? That's where the Latin term "sic" comes in. Understanding what does sic mean in legal writing helps you preserve accuracy while signaling to readers that you've noticed the error but chosen to leave it intact.
The challenge isn't just mechanical. Courts notice when lawyers handle quoted material carelessly. As we've documented in our analysis of judicial criticism, appellate panels have publicly faulted attorneys for "rampant grammatical, syntactical, and typographical errors." Small mistakes chip away at credibility. When you use sic correctly, you show respect for the original source while protecting yourself from appearing sloppy.
Why "Sic" Matters in Legal Contexts
Using sic serves three functions in legal documents. First, it preserves the integrity of quoted material. You can't alter someone else's words—not in a deposition transcript, not in a contract clause, not in a prior court opinion. Second, it shields you from blame. When readers see a misspelled word or grammatical error in your brief, bracketed sic tells them the mistake belongs to the original author, not to you. Third, it maintains the evidentiary record. In litigation, the exact language matters. Changing "their" to "there" or correcting "principals" to "principles" might seem helpful, but it distorts what was actually written or said.
But sic can backfire. Overuse makes you look pedantic. Readers don't need you to flag every minor slip in quoted text. As we've noted in our discussion of legal writing mistakes, judges form judgments about your competence from the first sentence. If you litter your brief with bracketed sic after every trivial error, you come across as an overzealous editor more interested in showing off than advancing your argument.
The key is balance. Use sic when the error might confuse readers or when you need to establish that the original document contained the mistake. Skip it when the context makes the meaning clear or when the slip doesn't affect understanding.
What Does Sic Mean in Legal Writing? The Core Definition
Sic is a Latin adverb meaning "thus" or "so." The word sic tells readers: "Yes, I saw this error, and yes, it appeared exactly this way in the original source." The full Latin phrase is "sic erat scriptum," which translates to "thus it was written." You'll rarely see the complete phrase in modern legal writing—most lawyers just write sic in square brackets immediately after the error.
Style guides differ on formatting. In American English, you typically italicize the term and enclose it in square brackets: [sic]. The California Style Manual follows this convention. The ALWD Citation Manual also recommends square brackets and italics. British English style guides often skip the italics, using plain [sic] instead. The Chicago Manual of Style supports the American approach with italicized bracketed sic.
One formatting rule is universal: don't add a period. Sic isn't an abbreviation, so [sic.] is incorrect. The California Style Manual makes one exception—when you use sic after a complete sentence, you can style it as a parenthetical: (Sic.) But that's rare in legal documents.
The placement matters too. Put bracketed sic immediately after the error, not at the end of the quoted passage. If a witness said, "The defendant was their [sic] at the scene," readers instantly understand that "their" should be "there" and that the mistake came from the witness, not from you.
"Sic Erat Scriptum" Explained
The phrase "sic erat scriptum" emphasizes that you're reproducing written language exactly as it originally appears. Some legal writers use the variant "sic erat dictum" for spoken statements, meaning "thus it was said," though the shortened sic works for both contexts. The Latin term carries a sense of formality and precision that fits legal writing's demands.
Why does the full phrase matter? It underscores your commitment to accuracy. When you quote a contract that says "the party of the first part waive [sic] all claims," you're not just noting a grammatical error—you're preserving the original text's authenticity. That matters in disputes over contract interpretation. Courts look at what the parties actually wrote, not what they should have written.
In academic writing and research papers, sic erat scriptum serves a similar function. Scholars quoting historical documents or primary sources use the Latin phrase to signal that they haven't modernized spelling or corrected grammatical mistakes. The original context stays intact.
Style Guide Perspectives on Using Bracketed Sic
The California Style Manual, used by California state courts, requires square brackets and italics for sic. The manual emphasizes that you use sic only when an error in quoted material might mislead readers. It warns against overuse—don't flag every typo or minor slip.
The ALWD Citation Manual takes a similar stance. It recommends [sic] with square brackets and italics, and it advises writers to consider whether the error truly needs flagging. If the mistake is obvious and doesn't affect meaning, you can skip sic and let the quoted text speak for itself.
The Chicago Manual of Style, widely used in academic writing, also supports italicized bracketed sic. But Chicago adds a caution: using sic can come across as condescending. The manual suggests that in some cases, you're better off paraphrasing or using ellipses to avoid quoting the error at all.
British English style guides generally don't require italics. British usage favors plain [sic] without italicization. This reflects a broader difference between American English and British English punctuation conventions. As we've explained in our discussion of comma rules, American legal writing places commas inside quotation marks, while British usage places them outside unless they're part of the original quote. The same regional variation applies to sic.
One area of agreement: all style manuals stress that you should preserve the original author's language. Don't silently correct errors in quoted material. If you need to fix a mistake for clarity, use square brackets to show your edit: "The defendant was [there] at the scene." But if you want to preserve the error and flag it, use sic.
When (and When Not) to Use Sic in Legal Documents
Use sic when the error might confuse readers or when you need to establish that the original document contained the mistake. For example, if a contract says "the parties agree to waive [sic] there rights," the grammatical error matters. Readers might wonder if you misquoted the contract or if the original author made the mistake. Bracketed sic clarifies the situation.
Use sic when the error affects the meaning or credibility of the quoted text. If opposing counsel wrote "the plaintiff's claim is barred by the statue [sic] of limitations," the misspelled word "statue" instead of "statute" might be worth flagging—especially if you're arguing that opposing counsel's brief is careless.
Don't use sic for minor typos that don't affect understanding. If a witness transcript reads "I saw the defendnat leave the building," readers can figure out that "defendnat" means "defendant." Adding [sic] just clutters the sentence and makes you look petty.
Don't use sic for intentional stylistic choices or colloquialisms. If a witness says "I ain't seen nothing," that's how the witness spoke. You don't need [sic] after "ain't"—the informal language is part of the original context, not an error.
Don't use sic to mock or belittle the original author. As we've noted in our analysis of tone problems, judges react poorly to snarky writing. If you pepper your brief with bracketed sic to highlight every grammatical mistake in opposing counsel's filing, you risk looking petty rather than persuasive. The Columbia Journalism Review warns that overusing sic gives a sense of "we know better" at the expense of the original source.
The Yale Law Journal Style Guide offers a useful test: "The presumption is against using [sic], unless it is likely that the error would cause a reader to doubt our editorial acumen." In other words, use sic only when not using it might make readers think you made the mistake.
"Use Sic" in Court Transcripts, Law Enforcement, and Beyond
Court transcripts present special challenges. Court reporters transcribe spoken language in real time, and speakers don't always use correct grammar or pronunciation. When a witness says "the perpetrator was their" instead of "there," the court reporter types what was said and adds [sic] to flag the grammatical error.
The Alaska Court System Manual provides detailed guidance for court reporters. If a speaker uses a non-existent word, the reporter types it as spoken and adds [sic]. If the correct spelling of a name or term can't be determined, the reporter uses phonetic spelling followed by (ph). For example: "John was told by his doctor that what he was suffering from was rheumatic [sic] arthritis." The error preserves what the speaker actually said.
In law enforcement reports, officers quote suspects, witnesses, and victims. When someone makes a statement that contains a spelling mistake or grammatical error, the officer preserves the exact language. If a witness wrote "I seen the car" in a written statement, the officer quotes it verbatim and may add [sic] to clarify that the grammatical mistake appeared in the original document.
Academic writing and research papers use sic for similar reasons. Scholars quoting historical documents or primary sources need to preserve the original text, including any spelling errors or grammatical mistakes. If you're quoting a letter from 1850 that uses archaic spelling, you might write: "The defendant was found guilty of theft and sentenced to gaol [sic]." The bracketed sic tells readers that "gaol" (the British spelling of "jail") appeared in the original source.
In all these contexts, the goal is the same: preserve the original author's language while signaling to readers that you've noticed the error. You're not simply replacing an incorrect word with the correct word—you're maintaining the integrity of the source material.
Common Pitfalls: Grammatical Errors, Misspelled Words, and More
One common mistake is using sic when you should use square brackets to correct the error. If a quoted passage says "the plaintiff filed their complaint on January 1, 2025," and you want to clarify that "their" should be "his," you have two options. You can quote it with sic: "the plaintiff filed their [sic] complaint." Or you can correct it with brackets: "the plaintiff filed [his] complaint." The first option preserves the error and flags it. The second option fixes it. Don't do both—"the plaintiff filed [his] [sic] complaint" is confusing and incorrect.
Another pitfall is using sic for words that are spelled incorrectly in the original but don't affect meaning. If a contract says "the parties agree to the following terms and conditons," readers can figure out that "conditons" means "conditions." Adding [sic] doesn't help—it just interrupts the flow of the quoted text.
A third mistake is using sic for differences in spelling conventions between American English and British English. If you're quoting a British legal text that uses "colour" instead of "color," you don't need [sic]. That's not an error—it's a different spelling convention. Similarly, if you're quoting an older legal document that uses archaic spelling, you don't need to flag every instance where the original text differs from modern usage.
Some writers confuse sic with other Latin phrases. "Sic" means "thus" or "so"—it flags an error in quoted material. Don't confuse it with "sic passim," which means "thus throughout" and indicates that an error appears repeatedly in the source. Don't confuse it with "sic transit gloria mundi" ("thus passes the glory of the world"), which has nothing to do with quoted text.
Finally, avoid using sic in a way that distracts from your argument. If you're quoting a witness statement that contains multiple grammatical errors, you might be better off paraphrasing or using ellipses to skip the problematic language. As we've discussed in our piece on writing about testimony, you don't need to transcribe every word a witness said. You can summarize testimony in your own words and quote only the most important phrases. That approach often produces clearer, more persuasive writing than a direct quote littered with bracketed sic.
Moving Forward with Legal Clarity: What Does Sic Mean in Legal Writing
Understanding what does sic mean in legal writing helps you balance two competing demands: preserving the original source and maintaining clarity for readers. The Latin adverb sic—short for "sic erat scriptum"—tells readers that you've reproduced quoted material exactly as it appeared, including any spelling errors or grammatical mistakes. You use sic to protect your credibility and to preserve the evidentiary record.
But correct usage requires judgment. Use sic when the error might confuse readers or when you need to establish that the mistake appeared in the original document. Skip it when the error is obvious and doesn't affect meaning. Never use sic to mock the original author or to show off your editorial skills. As we've emphasized in our discussion of legal writing mistakes, every word you write carries weight. Small errors cost you credibility before you've made your first substantive point.
Legal writing demands precision, and tools like BriefCatch help you maintain that precision under pressure. Our platform catches grammatical errors, citation mistakes, and tonal problems in real time, so you can focus on your argument rather than worrying about whether you've correctly formatted bracketed sic. We've built our recommendations on techniques from thousands of elite legal documents and judicial opinions—never scraped internet data—so you know you're following the conventions that judges and opposing counsel expect.
When you quote another writer's mistake, you're making a choice about how to present that error to your readers. Use sic responsibly, and you'll preserve the original context without undermining your own credibility. Overuse it, and you'll come across as pedantic. Ignore it when you should use it, and readers might think the error is yours.
If you want to strengthen your legal writing and catch errors before they reach the court, book a demo or try our free trial. We help lawyers, law firms, and courts produce clearer, more persuasive legal documents—one sentence at a time.



