How to Talk Like a Lawyer

-- 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 quickly realize that this requires me to understand the linguistic basics of these spaces. I thought I had understood isolation when I moved away from my family in exchange for gloomy winters in Boston and a college diploma. However, the first year of law school has created a bubble between those in my life who relate to my experiences and those who do not. This isolation has led to many fundamental changes in my perspective of the world, but most significantly, the language barrier. I was surprised when my parents complained 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. There is a side to me that is more cold and calculating than before. These changes went unnoticed by me, as I still feel like the same girl from Pleasant Grove. While my core values have not changed, how I express them may have. The amount of information from my doctrinal classes often fills my head with haze as I navigate a new terrain of words. The vocabulary is filled with more complex pronunciations, and the ideas are much more nuanced. Frequently, my brain may combust from processing so much information. 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 what it means to talk like a lawyer, I hope to provide insights into the key takeaways from our time learning to talk like a lawyer.

Be Assertive

Assertiveness is significant as a lawyer, given that you often advocate for the best outcome for your client. This assertiveness works tangentially with confidence. Confidence originates in several places: education, background, and even conviction. Consider the case of Regina v. Dudley and Stephens. Captain Tom Dudley possessed such high conviction regarding his moral choices to engage in cannibalism that it presented a difficult challenge to the court. Without conviction for one's cause, it is difficult to persuade anybody else of the necessity of your case. However, there remains a distinction between aggressive and assertive behavior. In Lawyerland, we look at Martha Tharaud's interactions with various clients. She is known as a cut-throat employment lawyer. Another partner at the firm even goes as far as to say that she will sue anyone. This characterization of her as a shark is shocking, as we do not see her interactions as vicious demonstrations of law and power. Instead, she is a straightforward attorney with an eye for her client's needs. Even in a tense situation with her peer, Robert, she utilizes hypotheticals instead of insults—her assertive questions place Robert at a checkmate in the dialogue he shares with her.

Be Discerning

As a lawyer, a large part of our job is the ability to exert judgment over the words that we use. Our choice of words holds so much power in our courts of law, and any open spaces in our words leave liability. However, this discernment often creates a barrier between those legally trained and those who do not share that background. Law school trains us to consider a subject from many different angles, and this thinking pattern 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 is 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 beyond the actual words communicated and 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 vital for discerning appropriate communication.

Be Creative

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 discussed in lectures, the legal doctrine taught during our first-year curriculum may often feel constricting. We confine our thinking from points A to B to C when preparing for these exams. Further, this methodology instructs us to approach legal problems mechanically. As students, we fear the risk of going outside of these accepted boundaries. However, Professor Moglen has taught us, we must recognize that our apprehension often separates us from our potential. As we navigate this new language, it is permissible to take a creative approach to utilize our vocabulary. Creativity liberates us to employ our knowledge in a valuable way to other communities.

Conclusion

I plan to apply these skills as my knowledge and experience transform during law school. I know that law school can create cookie-cutter attorneys, but utilizing the lessons from our course will allow me to retain my voice. Once I become fluent in this unknown legal language, I can translate it for other communities.

---

You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

• #Set ALLOWTOPICVIEW = TWikiAdminGroup, MollyMartinez
• #Set DENYTOPICVIEW = TWikiGuest

Note: TWiki has strict formatting rules for preference declarations. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of these lines. If you wish to give access to any other users simply add them to the comma separated ALLOWTOPICVIEW list.