Nature of Legal Communication

Nature of Legal Communication

Learning a new variant of a skill doesn`t mean ignoring what worked in the past, but it does mean being willing to think and change. Professor Teri McMurtry-Chubb has written a textbook to translate various disciplinary backgrounds into solid legal writing in Legal Writing in the Disciplines: A Guide to Legal Writing Mastery. And the same goes for learning how to write legally. Sometimes the writing muscles get tired. Just sitting in front of the computer doesn`t lead to writing. As John Wooden once said, “Don`t confuse activity with performance.” Writing activity in marathon writing sessions can be particularly prone to errors. And the problem isn`t just sloppy or confusing writing, but also content errors that could affect a client`s legal advice. As I tried to learn how to swim properly as an adult, the experience gave me a whole new appreciation of what 1L legal writing students are going through. The idea that middle-aged adults try new things is an entire genre that can be found in a variety of essays and books, for example.

What I learned as the worst student in the class and Guitar Zero: The Science of Becoming Musical at Any Age. Law students may or may not begin law school at age 40, but they bring beliefs, methods, and habits that may or may not help them adapt to legal writing. At this last course of the year, teaching 1L legal writing, here are some thoughts. So this year, I will continue to write about topics such as the dynamics of workplace communication, specific listening techniques, listening and community building, listening to law school performance, and listening as part of the legal writing process. I`ll invite guest posts if and when I feel like it, and I`ll basically write anything I want to write. I will try to restrain myself from time to time and will just enjoy watching the result of my work. And that, for all Law 851 students who might still read, is a pretty cool thing about legal blogging. This metaphor is a great path to TL; DR the ideas of my scientific article on legal blogs a few years ago: These strengths of any disciplinary milieu also have weaknesses. Ambiguity detection is necessary, but not sufficient, to provide valuable and reliable legal advice. Concise summaries and recommendations may not go far enough to help a lawyer or client understand the relevant legal context and opportunities.

Traditional legal writing on behalf of clients is like growing a bonsai. There is art, history, culture and technical crafts. All this means that there are also a lot of rules. And it`s a fairly small-scale creation; Few people will ever see it. Similarly, it can be unbearable for some students to share their work or thoughts. Raising your hand is the last thing many students would do. Even handing over the first homework just to the teacher can be stressful. The mere thought of asking someone to read a piece of writing can interfere with the writing process.

Law is essentially communication. It represents creative work in general jurisprudence with a clear emphasis on the communicative nature of law and sheds new light on our understanding of law and legal discourse. The central idea of this book is that law is fundamentally communication. It represents creative work in general jurisprudence with a clear emphasis on the communicative nature of law and sheds new light on our understanding of law and legal discourse. The central idea of this book is that law provides a framework of communication for human action. From this perspective, legal relations, including legislative and judicial activities, are understood as processes of conversation, dialogue and communication rather than as traditional models focused on power relations. The book consists of thirteen chapters detailed as follows: chapter one deals with the introduction to legal communication, chapter two deals with theories and models of legal communication, chapter three focuses on legal language, and chapter four deals with listening skills. In addition, Chapter Five deals with notes and notes, Chapter Six with Reading Strategies, Chapter Seven deals with essay writing and presentation skills, while Chapter Eight focuses on citation, quotation, and referencing. Chapter nine deals with knowledge of libraries for lawyers, Chapter Ten with Reading Acts, Chapter Eleven with Reading and Writing Cases, Chapter Twelve with Drafting and Quoting Acts, and the last Chapter with the Interpretation and Interpretation of Acts. I started Listen Like a Lawyer almost five years ago. (This is my first article.) The reason I chose listening as my niche was (1) there are already many great blogs about my home area of expertise, legal writing; and (2) listening is a hidden and underrated part of an effective professional and (legal) person. But some memories of writing are bad, at least for legal writing.

Law students often come to law writing with a thesaurus because they don`t want to sound repetitive and, as they fear, simplistic. In fact, as experienced legal writers know, “elegant variation” (a term coined by Richard Wydick) can introduce an ambiguity that is very, very bad most of the time in legal writing. New legal drafters should put the thesaurus aside and focus more on reading legal language with a legal dictionary by their side. Experienced legal drafters can certainly use the thesaurus; You know which words can be varied and which can`t. But that`s not the right thing to point out at first, just as alternate breathing is a skill to save for later in the swimming process. Many summer employees are starting work this week. This article may be the shortest of my life, but here are some resources for effective communication, especially listening, in the summer associate environment: False and distorted beliefs also affect novice legal writers. Everyone in law school has some writing background, even if it was years in between. Memories of long-gone hours of writing can come to the surface.

Some of these memories are good. Yes, a paragraph should have a subject sentence that indicates what it is, followed by details. That was the case in fourth grade and is still valuable today. Similarly, students` previous experience in adopting legal writing helped bring their strengths and weaknesses into the course. Those who have written lengthy articles on the liberal arts are more comfortable contributing sources, generating content, and pointing out ambiguities. Those who have worked in business may feel very comfortable with advance summaries and concise recommendations. It`s quite a challenge to reach these diverse audiences. Fortunately, I`m a law professor who writes for many reasons, none of which involve getting a hyper-targeted message to a single audience for marketing purposes. My goals are to learn, share knowledge, develop knowledge, stimulate conversations, promote better attorney-client relationships, and foster more effective collaborative relationships in the legal industry. One lesson for students is to avoid stereotypes like the plague, but doesn`t that seem like a WIN-WIN-WIN situation? Students will be expected to have a similar experience when meeting with their legal writing professors. Skillful feedback can help a new legal writer break many ineffective habits. The professor can help the student understand that certain practices – such as sticking to the same legally meaningful term rather than using the thesaurus – must be accepted in order for the student to become a true legal writer.

Writing this blog has really led to happy results, and there`s still a lot to be said. The current political climate has led to initiatives such as #ListenFirst. Through the International Listening Association, I met hearing specialists like Graham Bodie and Debra Worthington who have just published a huge book on hearing research. There is a growing number of legal scholars about interruptions in hearings and even what can tell us about individual votes by judges. In this sense, technology opens up new possibilities such as wearable devices that record and quantify interactions between colleagues. But at the most basic level, listening is a way to connect with people, no matter what means something. Today, my Emory Law colleague Ben Chapman and I launched the fourth iteration of our Advanced Legal Writing: Blogging and Social Media for Lawyers course. This is a “cool course” (according to an upcoming issue of Emory magazine) where students explore and practice the genre of legal blogging. Your final exam is to choose a legal blogging niche and then develop a WordPress blog with several thousand words of analytical and expressive content. As I prepared my keynote for this year`s course, I thought about this blog and what it meant to me professionally and personally. Learning legal writing is similar. After a year in the legal letter, the transition is underway, but not yet complete.

There is much to learn from the experts and from ongoing efforts and experiences. I hope students know what to do to improve. I hope they will feel the satisfaction of learning a new skill. But most of the time, almost everyone in the room deals with the same issues and problems in their work. Sharing their work is a big step towards a true assessment of their strengths and weaknesses.