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< | How to Talk Like a Lawyer (Second Revision) | >
> | How to Talk Like a Lawyer (Third Revision) | | | -- By MollyMartinez - 06 Apr 2023 | | | Introduction
I came to law school because I hoped to translate between various communities. As a first-generation college student, I understood the difficulties of navigating the unknown. I am quickly realizing that this requires an expansion of my linguistic skills. However, the first year of law school has created a bubble between the people in my life who relate to my experiences and those that do not. This isolation has led to many fundamental changes in my perspective of the world around me, but most significantly, the language barrier that exists now. | |
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< | I was surprised when my parents complained to me about my inability to “loosen up.” They were dismayed at my insistence on picking at small details and my desire for near perfection in every word I use. My usual inquisitive disposition has now been situated in cynicism. These changes went unnoticed by me, as I still feel like the same girl from Pleasant Grove.
The amount of information from my doctrinal classes often leaves my head filled with haze as I navigate a new terrain of words. The vocabulary is filled with more complex pronunciations, and the ideas are difficult to explain outside of my own head. When Lawyerland was assigned to our class, I appreciated the ability to connect with the voices highlighted throughout the book. As Professor Moglen says, “You must learn to think and talk like a lawyer.” While this essay only skims the water of what it means to talk like a lawyer, I hope to provide a few insights into the key takeaways from our time spent learning to talk like a lawyer. | >
> | I was surprised when my parents complained to me about my inability to “loosen up.” They were dismayed at my insistence on picking at small details and desire for near perfection in every word I use. My usual inquisitive disposition has now been situated in cynicism. These changes went unnoticed by me, as I still feel like the same girl from Pleasant Grove.
The amount of information from my doctrinal classes often leaves my head filled with haze as I navigate a new terrain of words. The vocabulary is filled with more complex pronunciations, and the ideas are difficult to explain outside of my own head. “You must learn to think and talk like a lawyer, ” Professor Moglen has frequently said in our class, but what does it mean to take this mess of a legal brain and turn it into an effective message to others? | | | Be Assertive | |
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< | Assertiveness is significant as a lawyer, given that you are often advocating for the best outcome for your client. This assertiveness is linked to confidence. Confidence originates in a number of places: education, background, and even conviction. Consider the case of Regina v. Dudley and Stephens. Captain Tom Dudley possessed such high conviction regarding his own moral choices to engage in cannibalism that it presented a difficult challenge to the court. Without conviction for one’s own cause, it is difficult to persuade anybody else of the necessity of your own case.
However, there remains a distinction between aggressive and assertive behavior. In Lawyerland, we look at the interactions Martha Tharaud has with various clients. She is known as a cut-throat employment lawyer. Another partner at the firm even goes as far as to say maybe she will sue anyone. This characterization of her as a shark is a little shocking, as we don’t see her in any sort of vicious demonstrations of law and power. Instead, she’s a straightforward attorney with an eye to her client’s needs. Even when she’s in a tense situation with her peer, Robert, she utilizes hypotheticals instead of insults. Her assertive questions inch place Robert at a checkmate in the dialogue he shares with her. | >
> | Assertiveness and confidence go hand-in-hand. Confidence grants you the conviction that persuades others. Without this conviction for one’s own cause, it is difficult to persuade anybody else of the necessity of your own case.
Assertiveness is not aggression. Aggression only takes you so far, and it places you at odds with others. With conviction and confidence, you can assert a cause without antagonizing those on the opposite side of the table. | | | | |
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< | Be Discerning
As a lawyer, a large part of our job is the ability to exert judgment over the words that we use. The words hold so much power in our courts of law, and any loose spaces in our words leave liability. However, this discernment often creates a barrier between those legally trained and those who don’t share that background. Law school trains us to consider a subject from many different angles, and this pattern of thinking may even overcomplicate the simplest of tasks. When we look at the conversation with Martha about her work as an employment lawyer, Robert points out that she utilizes choice words about the firing process for her clients. It’s a point of humor as he jokes that she even goes so far as to call it “deselection.”
In Lawyerland, Judge Celia Day says that her job is to discern. This act of discernment is especially crucial for those in the legal profession. The discernment process extends past just the actual words communicated, but also in the evaluations of the world around you. Judge Day shares an anecdote about her ability to discern the types of people around her in the book as she enjoys her anonymity on the subway. Her anonymity allows her to observe people and make calculated judgments. Social awareness is key for discerning appropriate communication. | >
> | Be Selective
Words hold so much power in our courts of law, and any loose spaces in our words leave liability. In Lawyerland, Judge Celia Day says that her job is to discern as a legal professional. Discernment extends past just the actual words communicated but also to the evaluations of the world around you. Social awareness is key for communicating in the most effective manner. In exchange, you can select the right words for the right audience. | | | Be Creative | |
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< | Ultimately, the biggest lesson I have learned from our time together in Law and Contemporary Society is the demand for creativity in legal learning and practice. As we’ve discussed in lecture, the legal doctrine taught during our first-year curriculum may often feel constricting. As we prepare for these exams, we confine our thinking to go from point A to B to C. Further, this methodology instructs us to approach legal problems in a mechanical fashion. As students, we fear the risk of going outside of these accepted boundaries.
However, Professor Moglen has taught us we must recognize that our own apprehension often separates us from our own potential. As we navigate this new language, it is permissible to take a creative approach to utilizing our vocabulary. Creativity liberates us to employ our knowledge in a way that is useful to other communities. | >
> | As law students, we fear the risk of going outside of the accepted methodology that prizes constricted thinking. This methodology instructs us to approach legal problems in a mechanical fashion. Creativity liberates us to employ our knowledge in a way that is useful to other communities. A creative approach supports the bridge between legal knowledge and the community. | | |
Conclusion | |
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< | While I may not consider myself an artist anymore in the traditional sense, the creation and utilization of legal language feels like an art form once again. The meaning of every word rings like a note of a melody. In my efforts to think like a lawyer, the answer may be in my return to my first love of the arts.
I advised cutting by 25%, in the hope that you would realize in the process that the firt draft used 1,000 words to say what could be said in 75, and would begin from there to figure out what your central idea actually was. Lawyers need to be assertive, discerning, and creative, your draft says. That's the topic sentence of a paragraph, with three sentences to follow, on the Graces. That's a good opening, potentially resonant, but after that we actually need a destination. Your story about your parents is my story about the law student boring the life out of a date on Friday night in line at the restaurant. Yes, that's what happens when people are learning law-talk and issue-spotting by immersion.
So where are we going? The reader need an idea to chew on, and you're just a bit short of a breakthrough. Compress the existing draft into a well-worked little box: if you can, make it an epigraph. And let's see what can be dreamt up when we really start dreaming.
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> | While I may not consider myself an artist anymore in the traditional sense, the creation and utilization of legal language feels like an art form once again. The meaning of every word rings like a note of a melody. Perhaps, the goal is not to simply think like a lawyer but to play like a skilled musician as well. Utilizing the ability to cut through time and space, legal knowledge transforms into a song that anyone can listen and sing along to. | | |
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