Weapon or Tool? The Language of Law

Lawyers have an extensive vocabulary with which to poke each other in the eye. But the language of the law isn’t a weapon and should be used sparingly with clients.

With all due respect

A few years ago, I was in a cafe near The Temple in London, and couldn’t help but listen to a barrister shouting at his client.

The client’s guest asked a sensible question about process. The barrister’s response was Pinteresque in form and David Brent-esque in delivery.

“With all due respect, Madam, it’s really none of your business.”

Ouch.

Jury duty

It is the client’s business, of course. And it’s your job as the junior barrister to explain the process. Here’s how you can check your client’s level of understanding, using a technique I learnt from a consultant surgeon.

When you meet a surgeon for the first time, she will ask you what you do for work. She’s working out how to pitch the rest of the conversation. It’s a neat technique.

Usually, you’ll know about your client’s line of work so try a different tack. “Have you yet done jury duty?” opens a conversation which will help you assess your client’s understanding of the system.

Use jargon sparingly

Every industry has its own jargon. None more obfuscatory than legal.  Language is the tool – and sometimes the weapon – of the trade.

But if you use it with your client, you risk their alienation.  Your learned friend will know what you’re talking about but it’s your client you need to impress.

Explain legal terminology when you can. Disclosure, submissions and skeletons could confuse but evidence, legal documents and our side of the story could be clear to someone who is new to the law.

Get to the point

Recently I met a barrister who was finding it tricky to connect with clients.  I kept quiet for half an hour before asking whether he is habitually verbose.   “But darling, you don’t understand!  It’s the spectacle of the law they want!” 

Indeed.  

A con with a client isn’t an after-dinner speech. Compelling story-telling holds the judge’s attention.  Getting to the point without affectation is respectful of your client’s time – and will earn you repeat instructions in the long run.  

Communicating with empathy 

Speaking clearly isn’t dumbing down. Your clients will understand what you’re saying and the judge will breathe a sigh of relief.   

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