Use of Language in the Legal Setting

The use of language plays an important role in the legal setting. Both prosecutors and defense attorneys rely on communication skills in order to persuade juries and judges in trial cases. As a result, an attorney's choice of words can either promote or interfere with the desired outcome of a trial. Language can be seen as a tool for communicating meaning. Many types of messages can be communicated through the use of language; however, in the legal setting the emphasis is on persuasive speech. Persuasion is necessary in order for a prosecuting attorney to prove guilt or for a defense attorney to prove innocence. on the witness stand, the concept of "storytelling" plays an important part in the communication of testimony. Obviously, two sides of a story will be given in the course of a trial, and it is the role of the judge or jury to decide which of the two versions is more credible and thus true. The job of the lawyer, on the other hand, is to present the story in a manner which persuades the judge or jury to agree with his or her client's point of view.

There are a number of ways in which the lawyer can utilize language to achieve this end. For example, the way in which a witness is questioned can have an effect on the credibility of the testimony. In this regard, a shrewd lawyer can limit what a witness is able to say by use of leading questions or by restricting the response to a yes or no answer. There are numerous opportunities during cross-examinations for

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tcome of a trial is strongly related to the extent to which the lawyer is capable of connecting with the judge or jury. This thought is reflected in the perspective of Conley and O'Barr, who note that "storytelling" in the trial setting "does not exist fully developed on its own, but only emerges through a collaboration between the teller and a particular audience" (Conley and O'Barr 171). By contrast, these authors indicate that a failure to grasp the fundamentals of effective communication can result in a lawyer adopting a "powerless speech style," which in turn "significantly impairs the speaker's credibility" (Ibid. 173). The specialized language used by lawyers, judges, and other law professionals can be seen in certain ways as being a hindrance 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 focused on rules whereas everyday language is generally concerned with the relationships which occur 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 make

Category: Government - U