Important Role of the Use of Language in the Legal Setting

For example, in normal conversation, parley generally follows a sequential pattern which corresponds with the cause-and-effect of everyday life. However, during cross-examination, constabularyyers a good deal switch to nonsequential accounts "in order to unsettle witnesses" (Conley and O'Barr 40). Undoubtedly, the closely alpha opportunities for persuasive converse in a trial add up during the origin recitals and the summation statements. These are the first and last arguments comprehend by the control board or judge. In addition, they are the most memorable times during which the lawyers present their arguments and evidence directly to the jury or judge. In a study of the effectiveness of opening statements, Linz, Penrod and McDonald found a positive correlation between the attorney's communication ability and persuasion. A jury generally perceived the attorney as being more believable when the opening statement itself was credible and well-presented. The researchers note that "the more extensive or edifying opening statement may have served to create a thematic framework that became an important determinant of trial verdicts" (Linz et al 283). In addition to verbal communication, it may be remark that non-verbal communication is an important aspect in the persuasion border. In particular, a favorable trial outcome can be seen as being due in part to the embossment created on a judge or jury by a lawyer's demeanor, conf

lolly: University of Chicago Press, 1990.

Fish, Stanley. Doing What Comes Naturally. Durham: Duke University Press, 1989.

Mellinkoff, David. The Language of the Law.

Boston: Little,

The specialise language utilise by lawyers, judges, and other law professionals can be seen in certain ways as being a contraceptive to effective communication. It is generally agreed that clear communication between lawyers and lay people is an important aspect in the process of persuasion. Conley and O'Barr point out that legal language is generally focussed on rules whereas everyday language is generally concerned with the relationships which make pass between people (Ibid. 1). Mellinkoff notes various other ways in which the language of law is unique from common English. For example, the language of law makes "frequent use of common words with uncommon meanings" (Mellinkoff 11). In addition, it tends to utilize uncommon words from Old English, Latin, and other specialized sources. Mellinkoff further notes that the language of law involves a number of mannerisms which are not found in everyday speech. Specifically, lawyers tend to be wordy, unclear, pompous and dull in their speech patterns (Ibid. 27).

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