Written by attorneys · grounded in primary & secondary sources — see below
A conjunction synonymous with while that introduces a subordinate clause denoting simultaneity, condition, or duration. It appears in formal legal drafting and rules as an equivalent to the more common while.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Reckless Act During Chase
Officer Ramirez pursued a suspect on foot whilst the suspect fired shots into a crowded street. The jury found the conduct showed reckless indifference to human life, supporting an abandoned and malignant heart murder conviction rather than involuntary manslaughter.
Grand Jury Session Attendance
The prosecutor and a court reporter remained present whilst the grand jury heard testimony from the cooperating witness. No other persons entered the room, satisfying the limits on who may attend while the grand jury is in session.
Out-of-Court Statement Offered
The plaintiff offered an email sent by the defendant's employee whilst the employment relationship still existed. The court examined whether the statement qualified as non-hearsay under the applicable definition.
A new associate joined the firm whilst a partner remained subject to a prior-client conflict under Rule 1.9. The firm implemented timely screening measures to permit continued representation of the current client.
Tenant Termination Steps
The tenant vacated the premises whilst the right to terminate still existed and notified the landlord of the decision by certified mail. The court held the lease terminated under the required conditions.
Transient Jurisdiction Service
The defendant was served with process whilst physically present in the forum state for a brief business meeting. The court upheld personal jurisdiction even though the claim arose elsewhere.
Common questions
Frequently Asked
3
Is whilst merely a stylistic variant of while in legal writing?+
Yes. Whilst functions identically to while as a conjunction introducing temporal or conditional clauses. Legal drafting materials list it among antique or formal phrases that some modern writers avoid in favor of the simpler while.
Supporting sources
Does using whilst affect the meaning of a rule or contract clause?+
No. The word carries the same meaning as while and does not alter the legal effect of any provision in which it appears.
Supporting sources
Should bar exam answers use whilst or while?+
While is the clearer, more contemporary choice. Whilst appears in older materials and some formal rules but is not required and can appear dated in student writing.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…assigned by this act are of a public nature and the Secretary is bound to perform them without the control of any person. While the Secretary remains in office the President cannot take from his custody the seal of the United States nor prevent him from recording and affixing the seal to civil commissions of such…