THE ART OF THE PARAPHRASE AND THE LEGAL ENGLISH STUDENT

A critical skill, both in verbal and written legal communications, is the ability to convey ideas using the same meaning but with different words. This is the art of the paraphrase, and it is likely you were never taught this skill as a student of standard English. It is common practice for English speaking lawyers to have to explain legal concepts and ideas to colleagues or clients in a manner they can understand. This often requires that you paraphrase. Unless you engaged in a professional Legal English course or program, you in all likelihood have had very few opportunities to practice the art of the paraphrase.

In your own words, please!

This phrase is repeated often in legal practice and is second nature for native English speakers. However, it is a talent almost impossible for non native English speakers to achieve who may not have the same control of the language. To do this, you must learn synonyms and know the nuances of words. Further, you must learn how connecting certain words create different effects on the listener. You also need to be able to use unrelated words in a sentence to convey the same meaning.

A qualified Legal English coach can train you to be adept at grammatical shifts and move around the order of words in a sentence to achieve meaning. Through one-on-one simulations and practice with the coach, you can attain a certain degree of intuitive feel for the language. Truth be told, there really is no one way in which to achieve this natural paraphrasing ability because it necessitates combining various skill sets of vocabulary and language development.

Consider that as an attorney or paralegal, you are usually involved in the formation stage of a contract. At this early juncture, you may be asked upon to advise, draft, and negotiate on behalf of your clients. If you reference my previous article on boilerplate language, (https://www.dhirubhai.net/posts/jacob-krief-jd-llm-ctc-ea-ab116226_a-legal-english-program-offered-by-a-competent-activity-6661706257759518720-DGgb), you will note that drafting is in all likelihood a fairly simple process. The challenge is when you are called upon to advise on the inclusion or omission of clauses and their wording. To achieve this end, you will need to know how to paraphrase words and expressions like liability for damages, within the sole judgement of the seller, prior written, or right of first refusal, etc.

A contract form, which is used at the formation stage, and is a preview of the intended agreement, has provisos familiar to lawyers and paralegals, and completely foreign to the parties of the contract. You may need to paraphrase these clauses. If you work with a Legal English coach, he/she can demonstrate for you the manner in which to introduce your paraphrasing. By engaging in these exercises, you will be given the pedagogic "push" you need, by way of an introductory construction, to practice your paraphrasing. The following represents some examples of introductory clauses that point you in the right direction to intuitively feel the language and have it become second nature:

• This clause deals with ... and says that ...
• According to this clause, the parties agree to ...
• This clause regulates ... It simply says that ...
• This is about what happens when ... In such a case, ...
• Here it says ... , which means that ...
• This part basically just says that ...

A Legal English educational program provides you with the opportunity to implement paraphrasing by using examples that are comprehensible to a legal professional. The one-on-one structure of the program allows you to practice this skill in a stress free environment, which is unlike at the office wherein your ability to paraphrase will be critically evaluated by your colleagues and clients. In giving you a control and ownership of your own learning process by allowing you to make errors, engage in discussions, and ask questions, your mentor gains insight into your understanding and thinking process as it relates to the art of the paraphrase.

These Legal English verbal communications skills are a single facet in the array of skills and exercises to be covered in a Legal English program. If you require assistance in this and similar regards, consider booking a free strategy session to day to discuss your options!