LEGAL ENGLISH – Must I learn it?

Power of Language

Be it Supreme Court Justice Ruth Bader Ginsburg who eloquently and persuasively articulated her constitutional vision for nearly three decades. Or, Joe Jamail whose main advise for aspiring young lawyers is “Use exacting language”. And let’s not forget Winston Churchil – although not a lawyer, but his phrases are so well crafted they are now a permanent fixture in our lexicon today. My list can go on and on about people who had excellent communication skills and how their words made history. 

However, the vast majority of lawyers do not communicate effectively and worse - do not realise it!

George Bernard Shaw might as well have been describing modern “litigators” when he observed that, “the single biggest problem in communication is the illusion that it has taken place.”

Nowadays people do not focus much on their language skills: their ability to communicate. Legal profession is one of the core professions where “words” and miscommunication can cost you a huge sum. Why do we lag behind in acquiring this very important skill? Are the Law schools to be blamed for placing inadequate emphasis on it? Is it our poor reading habits that has waned our ability to use effective language? Is the Internet slang lulling our minds? Or, is it that we underestimate the power of effective communication skills?While I can hone in on a lot of other reasons for having sloppy language skills but that is not the purpose here. 

Why is it IMPORTANT?

You may have excellent technical skills, a superb network and splendid regional language skills. But, the lack of knowledge of good legal English can restrict your expansion and growth when it comes to Contract Drafting and Negotiation. Only if you add the weapon of effective use of English to your artillery your outreach and area of impact will widen dramatically.

If there is one trait that separates great lawyers from lesser ones it is - superb, masterful command over communication skills. I know of no exception!

What is Legal English?

Legal English is a specialised language of vocabulary, expressions, syntax and structure that differs from English. It can be used in writing contracts, correspondence and other legal documents. It can also be seen and heard in spoken English - it is the language that you use to speak with colleagues, counterparts, judgesand used in negotiations.

Being a lawyer you will invariably have to draft different kinds of legal documents, be it  a legal notice, a petition, a reply, a contract, a resolution – however, if you struggle with good Legal English it will be an uphill task for you and at best you will settle at mediocrity.

Most lawyers have the knack of using arcane, archaic language in their contracts, that is very much thing of the past now. 

I picked this very interesting excerpt from a research paper on ‘Eight Traits of Great Trial Lawyers: A Federal Judge’s View on How to Shed the Moniker “I am a Litigator”’

 ( Article by Judge Mark W. Bennet ).In this he is emphasizing the skill to use legal English in brevity and simplify things to make it understandable, interesting and convincing. 

This is how a lawyer might tell the story of Goldilocks and the Three Bears: 

‘Once upon a time in an unspecified and otherwise unidentified place was found, upon reasonable inquiry, a certain female child who allegedly bore the given but unlikely appellation of Goldilocks. She ambulated into and around a conifer growth one day and, unintentionally and without malice aforethought, lost her directions and was thus unable to ascertain whether she was proceeding in a northerly or southerly direction. By random unanticipation the said female child came upon an insubstantial abode constructed of conifers severed from the surrounding growth, and at said time and place, the said female child, allegedly named Goldilocks, entered, without invitation, inducement, or encouragement, the said structure, which, at said time and place, therefrom the rightful and legal owners had absented themselves. Thereupon she espied three bowls of various sizes containing a substance that, upon inquiry and investigation, proved to be a concoction created out of certain boiled meal, grains, and legumes commonly known as porridge.24 

Presently along came a carnivorous lupine (hereafter referred to as “the Wolf”) and commenced to rap upon the portal and said, “Diminutive Porcine, Diminutive Porcine, grant me entry to thy abode.” 

After due consideration the piglet responded, “Not by the follicular outgrowth on my lower jaw bone.” 

“Then I’ll inhale and exhale massive quantities of air and cause your dwelling to implode!” said the Wolf.’

Where it might have been an amusing read in reality if you have to read through a draft of a contract filled with such convoluted words and phrases it will tire your mind and you will need a good brewed coffee to simmer that rising headache.

Think like a Lawyer…

Law schools teach you to think analytically - learning to “think like lawyers” and equip you with knowledge about different subjects and fields of Law. This mode of training has inadvertently inculcated the ability in lawyers to make simple events sound far more complicated than is necessary. Lawyers are great at taking a six-second automobile accident and morphing it into a two-week jury trial. 

What most lawyers fail to understand is that simplicity holds magic and if something is succinctly and lucidly explained it will be far more appreciated than the same thing being related in a verbose irrelevant manner.Only if they did understand, they would try and draft contracts very differently making things easier for so many of us.

While mastering the legal English might not come overnight, I am here to tell you if you take up this Legal English course by the British Legal Centre, you will get a good grip on it - enough to make you stand apart from the rest – akin to fast track to Success!

Great lawyers are gritty individuals who have their sight on the long-term goal of improving and learning as they progress. They are willing to travel the long road and exert enormous effort to attain expertise in their trade.

Poor drafting will not only leave you behind but may prove detrimental to your clients too. Sometimes an ill-punctuated text can lead you to a breach. Just recently I came across this case in which a contentious comma cost the defaulting party millions. A dairy company in the US city of Portland, Maine settled a court case for $5m because of a missing comma.(Kevin v Oakhurst Dairy (2017). Yes, you read it right – a missing comma!

Then there are the infamous double negatives. Take an example of this clause:

“If the Deposit is not paid, the Seller has the right to rescind this Agreement by a notice in writing to the Purchaser delivered within 30 days from the date of this Agreement, provided that such rescission right shall not be effective unless and until the Seller does not rescind the Preliminary Agreement for the Property.”

Got it? If not, feel free to read it again. And again… and probably again.

Got it now? Perhaps you should read it once more just to double check.

I have no doubt you are struggling with this part: “…shall not be effective unless and until the Seller does not rescind…”

The problem lies in using multiple negatives – “shall not”, “unless” and “does not”. It is certainly more of a brain teaser than a piece out of a contract placed there to make a point clear. Unfortunately most of us donot have the time or inclination to work out brain teasers.

It will sound clear and simple if we simply take out the multiple negatives and write something like this instead:

“If the Deposit is not paid, the Seller has the right to rescind this Agreement by written notice to the Purchaser delivered within 30 days of the date of this Agreement. However, the rescission right is not effective if the Seller has rescinded the Preliminary Agreement for the Property.”

The Legal English Course

The course is for lawyers and law students wishing to improve their legal English skills, for use in their work.

At the end of the Legal English course participants will be able to:

·      communicate legal concepts and information confidently and easily;

·      use legal vocabulary more accurately, concisely and effectively;

·      write precise legal texts;

·      participate easily in meetings, telephone calls, conferences, and negotiations;

·      use legal English in discussions and presentations confident in their ability and knowledge.

COURSE INCLUDES

·      interactive listening, speaking, reading and writing exercises;

·      vocabulary quizzes;

·      glossary with definitions;

·      language of contract formation;

·      the essential legal doctirnes of Company Law, Contract Law, Banking and Finance Law, Intellectual Property Law and the Law of Debts and Secured transactions including terminology and vocabulary course certificate upon completion;

·      course CERTIFICATE upon successful completion of the course.

It includes so much more than just improving your Legal English. If I have got you a little bit interested do take a look to know more about it here  British Legal Centre.

If you want to know more about the course feel free to contact me. 

There is a special Discount also available for a limited time – avail it and improve your skill set.

Here’s to YOUR SUCCESS!