For an advocate, no tool is more crucial to professional success than a mastery of language. While this principle applies to any profession reliant on words, it is especially true in advocacy, where both written and spoken language play a decisive role. Given that a vast body of legal material is in English, this article will focus specifically on an advocate’s command of the English language.
An advocate’s linguistic skill is tested in diverse situations: presenting a case in court, persuading a judge on a particular point of view, or clarifying a complex issue for a client. Without this skill, an advocate cannot effectively convey the merits of their case to a judge. In cross-examination, an advocate must skillfully ask the right questions—using the right words, tone, and tenor—to elicit the desired answers from a witness. Interpreting a provision of law, which may be drafted in a sophisticated or deceptively simple style, requires keen language skills to critically analyze each word. When drafting legal documents, such as a contract, will, or petition, the ability to select precise words and sentences is paramount to serving the document’s purpose.
Words as Vehicles of Thought
Words are the vehicles of thought; we think and converse through them. In both writing and conversation, words are our primary means of communication. Therefore, no advocate can achieve professional success without a strong command of the language they handle.
If an advocate’s writing or speech is difficult to understand, it often suggests a lack of clarity in their own thinking. Obscurity in language is frequently a symptom of muddled thought. While words have inherent ambiguities, the solution lies in persistent learning and skillful application. A word can mean one thing in one context and something entirely different in another. An advocate must therefore exercise great care, preferring plain and clear words to communicate effectively.
Lord Denning’s Pursuit of Linguistic Excellence
In his book The Discipline of Law, Lord Denning narrates the extraordinary efforts he—a native English speaker—undertook to acquire his language skills when he was called to the Bar.
He sought proficiency by drawing on English literature, reading the works of Shakespeare, Macaulay, Carlyle, and Milton to hone his abilities. Reading these authors provided him not only with a wide vocabulary but also a deep familiarity with the nuanced meanings they assigned to words. He learned that a word’s meaning can change depending on time, place, person, and context.
He then practiced using words and sentence structures continually, much like a pianist practices the piano, to gain proficiency in both writing and speaking. He took infinite pains with his writing, crossing out sentences and rewriting them repeatedly to make his prose clear and definite. An advocate should therefore consciously cultivate this practice to succeed in the profession.
The Spoken Word: Delivery and Voice
Developing speaking skills often requires more practice than writing. The first priority is to cultivate a pleasing voice, as a harsh or discordant tone can alienate listeners. Use an appropriate pitch and tone so that you are audible without straining your voice or your audience’s ears.
To make your speech engaging, focus on:
- Pronunciation, rhythm, and intonation: Practice voice articulation exercises to improve these qualities.
- Pace: Your delivery should be neither too fast nor too slow.
- Brevity: Avoid long-winded sentences.
As Lord Denning advised, whether speaking or writing, always consider your audience and make their task of listening or reading as easy as possible.
Clarity and Brevity: Avoiding Jargon and Complexity
Lord Denning advised against using long words unless one is certain the audience understands them. Using a word your listeners have never heard before defeats the purpose of communication. However, when you encounter a new word, look it up in a dictionary to expand your vocabulary. If a long or complex word appears in a statute, you must determine its meaning through definition clauses or a dictionary to give it the most sensible interpretation.
He also warned against overly long sentences, which can cause you to lose your reader or listener before you’ve made your point. Use plain, simple words and clear sentences. Avoid roundabout expressions and jargon; instead, use a direct style.
When preparing a long document, structure it with paragraphs and clear sentences. If a sentence is too long, split it into shorter ones or use punctuation—a dash, colon, or semicolon can work wonders. Never settle for the first draft. Reread and revise it multiple times to enhance its clarity. For a long piece of writing, use short headings to divide it into manageable sections.
Professionalism and Precision
Choosing your words well is as important as presenting them well. A good speech can be ruined by poor delivery. Recognize that the spoken and written word are different. A speech should be written in a conversational style, mirroring how you would naturally deliver it. Rather than memorizing a speech verbatim, internalize the key points and explain them naturally. While a spoken mistake is fleeting, a written one can damage your professional reputation.
Avoid offensive or unprofessional language. Such expressions have no place in professional discourse. Similarly, poor grammar and spelling can damage your professional reputation. Errors distract the reader and suggest a lack of diligence.
Ultimately, in a profession where legal texts, reference documents, and judgments are predominantly in English, an advocate cannot thrive without diligently honing their language skills.
