Dear Legal Writer: While vs. Although
Dear Legal Writer: Don’t create ambiguity by using “while” to mean “although.” Here’s the problem:
Example 1: “While the stove is off, the toaster works.”
❓ What does the writer mean in the below sentences, A or B?
A: “Although (=whereas) the stove is off, the toaster works.”
-or-
B: “When (~only when) the stove is off, the toaster works.”
__
Example 2: “While she’s running for VP, her work mounts.”
A: “Although she’s running for VP (~not President), her work mounts.”
-or-
B: “At the same time she’s running for VP, her work mounts.”
—-
As Readers, we simply cannot know whether A or B is intended, absent more context. And even then, we may be uncertain.
The uncertainty arises because “while” has so many potential meanings, even when used as a conjunction (as in the above examples).
“While” means:
✖️ 1: during the time that; at the same time as.
Ex.: “Nothing much changed while he was away.”
✖️ 2: as long as
Ex.: “While there’s life, there’s hope.”
👉 3: whereas (indicating a contrast); when on the other hand
Ex.: “One person wants out, while the other wants to fight on.”
“The exam is hard for a novice, while it’s easy for experts.”
👉 4: in spite of the fact that; although
Ex.: “While he’s respected, he’s not well liked.”
“While plaintiff argues A, the evidence all shows B.”
✖️ 5: similarly and the same time
Ex. “While John liked the film, Jim loved it.”
Only the 3rd and 4th meanings are synonyms for “although.” By contrast, the meaning of “although,” as a conjunction, is straightforward:
“Although” = “whereas” or “in spite of the fact that.”
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MY TAKE:
Although legal scholars and usage experts disagree on the extent of the problem stemming from use of “while” for “although,” the clearest rule is this:
⭐️ Avoid “while” to mean “although.” Limit “while” to its temporal meanings.
Finally, if you think that rule is too draconian and you really must use “while” to mean “although,” make sure you’re not creating a stove-off-toaster-on problem!
Thoughts?
Fondly,
💌 Amanda