The Importance of Careful Choice of Words in the the Legal Setting

For example, in normal conversation, converse generally follows a sequential pattern which corresponds with the cause-and-effect of everyday life. However, during cross-examination, jurisprudenceyers oft switch to nonsequential accounts "in order to unsettle witnesses." Undoubtedly, the about essential opportunities for persuasive communion in a trial get along during the beginning financial statements and the summation statements. These are the first and last arguments perceive by the control board or judge. In addition, they are the most memorable times during which the lawyers present their arguments and indicate directly to the jury or judge. In a study of the effectiveness of opening statements, Linz, Penrod and McDonald found a positive correlation between the lawyer's discourse ability and purview. A jury generally perceived the attorney as being more believable when the opening statement itself was credible and well-presented. The researchers note that "the more extensive or informative opening statement may have served to create a thematic framework that became an important determinant of trial verdicts." In addition to verbal conference, it may be noted that non-verbal communication is an important aspect in the persuasion process. In particular, a favorable trial outcome hatful be seen as being due in part to the impression created on a judge or jury by a lawyer's demeanor, confidence, and perceived experience.

Linz, Daniel, Steven Penrod, and Elaine McDonald. "Attorney discourse and Impression Making in the Courtroom: Views from Off the Bench." practice of law and Human Behavior 10 (December 1986): 281-302.

Conley, John M., and William M. O'Barr. Rules Versus Relationships: The Ethnography of good Discourse. Chicago: University of Chicago Press, 1990.

The gap that exists between sub judice phrase and everyday linguistic process has caused numerous problems in terms of communication. Mellinkoff claims that the specialize language of lawyers tends to exclude outsiders from what they are thinking and saying. Probert notes that the language of law appears to be designed as "a way of perpetuating stem or professional power or snobbery.

" Conley and O'Barr argue that legal language is confusing to the lay person and that poor communication results because "lay people and legal professionals often hear distributively other as speaking different languages." Such factors eject obviously cause problems with lawyers in their efforts to communicate with clients. More importantly, however, they rear have a negative impact on the persuasion of lay-jurors. In the trial setting, the failure to connect linguistically open fire be seen as a failure to communicate. This failure chamberpot result in a situation in which "the act may fail to appreciate a legally meritorious argument, or may unwittingly add gratuitous hurt to an adverse legal judgment."

In addition to the specialized language of law, there are a variety of rules in presenting evidence which have a negative impact on the communicatory abilities of lawyers and witnesses alike. Such rules tend to limit the amount of information which is allowed to be communicated on the stand. Fish notes that lawyers "are constrained by their dumb awareness of what is possible and not possible to do, what is and is not a reasonable thing to say, what will and will not be heard as evidence." An example of this type of constraint can be seen in the hearsay r
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