More Than Just Words: This Is What It Really Means to Talk Like a Lawyer
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Nov 16, 2016 · People Are Sensitive to Your Pitch, Volume and Tone 1. Gather intel about what your clients want. Some people want a divorce lawyer who is compassionate, someone who can... 2. To convey compassion, take it down a few notches. A study examining the impact of therapists’ communication styles... 3. To ...
Simply nod and say "I’LL CONSIDER THE MOTION." Then quickly continue with your point. The above phrases can work for almost anybody. Example: Let’s say you’re a kid and your big sister tells you to go cut the grass—but you know it’s her turn. Tell her "I’D LIKE TO APPEAL THAT."
Nov 23, 2016 · How to Sound Like a Winning Lawyer. November 23, 2016 in Careers, News. Nika Kabiri, Director of Strategic Insights, Law and Society Analyst at Avvo, gives her thoughts on the way you sound can have a dramatic impact on how people view you as a lawyer: “Last night while making dinner, I was listening to a political documentary playing in the ...
Sep 26, 2006 · The purpose of language is to be understood. When you talk over someone’s head, you can’t communicate your ideas. Ideas that are ill-presented are as worthless as ideas that are not presented. The next time you’re talking with someone who’s not a lawyer, make an effort to sound like a normal person again. In fact, try talking like a ...
To think like a lawyer, try to approach a problem from several different perspectives to gain new insight into the issue. However, avoid becoming emotionally involved in any one point of view, since it can lead to irrational thoughts that don’t support the facts. For example, look at a given issue and attempt to argue both sides using logic and the facts you have available to you. Finally, don’t make assumptions about anything without facts to back it up, or take things for granted without asking, “Why?” For tips from our Legal reviewer on how to use syllogisms and deductive reasoning to argue your point, read on.
Thinking like a lawyer also means not taking anything for granted. Understanding why something happened, or why a certain law was enacted, enables you to apply the same rationale to other fact patterns and reach a logical conclusion. ...
Lawyers refer to why a law was made as its ‘‘policy.’’. The policy behind a law can be used to argue that new facts or circumstances should also fall under the law.
Lawyers try to win a new case by demonstrating that its facts are substantially similar to the facts in an old case, and thus the new case should be decided the same way as the old case was.
Law professors and practicing attorneys can’t talk about “thinking like a lawyer” without bringing up the 1973 film “The Paper Chase .” In the film, Professor Kingsfield tells his first-year law students: “You come in here with a head full of mush and you leave thinking like a lawyer.” Although law professors remain fond of telling students they’re going to teach them how to think like a lawyer, you don’t have to attend law school to enhance your own logic and critical thinking skills.
Thinking like a lawyer also requires using judgment. Just because a logical argument can be made doesn’t mean that argument is good. Judgment is necessary to determine whether a given line of reasoning or conclusion is in anyone’s best interests or advances society as a whole, or if it’s destructive and dangerous.
When you learn how to make opposing arguments, you also learn how to hear them, which increases tolerance and allows more problems to be solved cooperatively.
It was humiliating. The young lawyer had put in more than a hundred hours on the brief. He had a novel interpretation of the appliance safety act that he was urging his firm to adopt in an important case.
The young lawyer was caught off guard. He floundered around for almost half an hour, hopping from one point to another, never really making a coherent statement. He was frankly relieved when the general counsel shifted his attention back to Mr. Baker and left him out of the discussion for a while. But by the end of the meeting, he could see that they had decided not to risk using his argument.
Good examples—apt analogies—are more precious than rubies. They have the power to persuade because they make the audience think your point through for themselves. So when they reach their conclusion, it is their idea—not yours.
Usually your goal is not to impress your audience with what a fine speaker you are, but rather to persuade.
If you announce at the beginning of your presentation that you have three main points and then call them out as you come to them, everyone will know that you have thought through what you’re saying. Of course, there are lots of ways to shoot yourself in the foot (or some more painful place).
ACCEPT RESPONSIBILITY. You didn’t design the courtroom, the bench, the jury box or the lectern. You have only a limited responsibility for who is in the jury box, and even less for who is on the bench. You have only a little control over when you start to speak and how much time you have.
Even the simple “May it please the court” is an instinctive recognition that pleasing your audience is the key to persuading it.
Most lawyers write in bloodless, dry language. Their sentences are peppered with archaic language no one, outside of the law, uses. Have you ever thought to use the words “pursuant to, prior to, or hereinafter”? Who talks like that? These words border on the ridiculous.
To write like a lawyer is to communicate effectively with another person . A lawyer must be able to communicate effectively by the written word. How to do that?
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When writing to a vendor, partner, or client, you want to make sure you don’t sound like an asshole. Unfortunately, that can actually be pretty hard! Emails by nature can’t convey tone, so you have to juice your language a bit to ensure you don't sound rude or offensive.
Use friendly and positive sounding language. Unless you’re officially in a dispute, you’re not adversaries so don’t act like it. Always start with a “hey” or “hello.” Always sign off with a friendly goodbye. Always say “thanks” or “thank you” at least once in the email - unironically if possible. Practice reading the email aloud; if you can’t read the whole thing while smiling, rewrite it. Politeness is the name of the game, and you should always be the last person to abandon it.
In business, you want to get the most amount of information across with the least amount of words. Use bullet points and numbered lists if you feel it aids comprehension. Use plain English. A lot of people think emails and contracts written in legalese carry more authority than those written in plain language.