A Simple Yes or No Will Do - Really? Affirmatives, Negatives, and the Legal English Student

Native English speakers take for granted the fact that dialogue they find to be easy can be extremely difficult for a non-native speaker. Those simple one word answers to questions in the affirmative, yes, or negative, no, are on second glance not so simple. Different languages have different ways of giving succinct answers to yes or no questions. As a student of Legal English practicing the law, it is extremely important that you understand the brief answers you get to your questions. If you translate the answer in the same manner you would in your native tongue, you may be faced with embarrassment by misinterpreting clients' or colleagues' responses to your questions. Consider the following five-way system linguists use to define the responses to yes or no questions:

1. Three-form languages use yes as an answer to a positive question, yes to a negative question, and then, no. In the Scandinavian languages, if you ask someone, "do you have eggs?", you will get the answer Ja or yes. If you ask "haven't you any eggs?" you get the response Jo or no. But, if there are no eggs in existence at all, then both questions would be answered in the negative using a third word, Nej.
2. Four-form languages are an extension of the the three-form. In this construct, the language provides a way of handling cases of negative or positive questions and nonexistent eggs. An example of the four-form language would be the precursor to modern English, i.e., middle English, that tackled such questions with the answers yea, nay, yes, and no.
3. Agreement languages have no words for yes or no. This seems almost impossible to understand for a native English speaker but is the norm for Japanese speakers. In Japanese, you need to use a word, phrase, or grammatical construction such as "that is correct" (hai) or "that is incorrect" (lie). The differences between Japanese and English in answering yes or no questions became apparent upon the confusion created during Japan's negotiations for surrender with the United States at the end of World War II.
4. Echo languages have no general words for yes or no. They merely require that the responder state the answer with either a positive or negative echo statement. You repeat the question as a statement. This is commonly used in Mandarin, Latin, and some Latin derived languages. The advantage of the Echo form is confusion is minimized since both parties are clear as to whether there has been an affirmation or negation of the question.
5. Finally, there are two-form languages that have yes to mean affirmation, and no to mean negation. This construct is characteristic of English and most European languages.

In spite of the conventional classifications linguists use to categorize "yes and no" systems, there is the real world concern of the effect culture has on answering yes or no questions. In some cultures, it is rude to answer no to someone even if that is the correct answer. Therefore, you will hear the answer yes in these cultures even when the answer is no, except that the affirmation is merely an acknowledgement of having heard you speak. The yes response in this instance has absolutely nothing to do with agreement or disagreement. Some cultures put the negation in the verb form rather than having an actual separate word to mean no. In these language systems, doing and not doing are both parts of the same verb.

It is not any wonder the Legal English student hailing from a yes/no system other than the two-form, or from a culture that handles questions differently than in English speaking countries, could very easily misconstrue the answers to the questions asked of clients or colleagues. Moreover, the non native English speaking legal professional could very well be working under the presumption the question was phrased correctly when posed to the listener when in fact it was not. In such a situation, the elicited response may actually have nothing to do with the question.

A Legal English program taught by a competent legal and English language expert will train you to ask questions in such a way that the responder will naturally elaborate on the yes or no with an auxiliary phrase such as Yes, I did or no, I haven't. As a practicing legal professional working in an English speaking culture or environment, it is vital that upon gathering information, you hear the simplest and most straightforward response to your inquiries. If you are practicing law in a non-English speaking country that nonetheless uses English as the lingua franca for legal practice, it is vital that responses elicited in the native tongue are translated correctly into English. Via role playing, simulations, and exercises with your Legal English coach, you will become habitualized to ask questions in a way to every time produce the answer yes/no plus auxiliary phrase.

For instance, you will know to ask a client you are representing in a simple moving violation case the question, "Were you driving above the speed limit?" rather than "Didn't you drive too fast?" or "You were driving too fast, weren't you?". The latter two questions may be appropriately asked in a non-native English speaking environment and will in all likelihood provoke the correct and truthful response. However, in a two-form language system, these questions can be leading the responder to answer in such a way that is not truthful and merely reflecting the biased intent of the interrogator. The first question is most suited for the two-form language system because it is a perfect representation of a fact gathering inquiry. It produces an answer that leaves no misunderstanding to the listener because it is phrased in the affirmative or negative accompanied by an auxiliary verb phrase. The latter two questions in a two-form language system are considered as leading the responder to the interrogator's specifically desired answer.

An expert English language teacher and lawyer knows how the nuances and subtleties of language affect the career successes of legal professionals. The content you see here is a good illustration of the effectiveness a Legal English program will have on your ability to communicate professionally. A standard English coach's training in language skills leaves off where the Legal English coach's training begins. As such, perfecting your English language abilities as a professional requires a linguistic training at an enhanced level that only a specialized English coach can provide. If these are among the many skills you require to succeed in your professional life, you should seek me out as your coach.

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