Written and Oral

Communication
 Outline of the Report
I. Introduction
II. To the Court and the Judge
III. To the Clients and Opposing Party
IV.To Fellow Lawyers
V. Summary and Conclusion
 I. Introduction
A lawyer’s primary
responsibility is to
uphold the cause of
justice.
 I. Introduction
A lawyer must act with the highest standard of
fair play, truthfulness and nobility:
• in the conduct of litigation;
• in his relations with his clients, the opposing
party and his counsel; and
• the court before which he pleads his clients’
cause.
A. How we all Communicate
1. Written
Communication
2. Verbal
communication
3. Nonverbal
communication
B. Importance of written and
oral communication
• Clarity
• Avoid
misunderstandings
C. Elements of Communication
1. Word content
-terms and definitions: provide a brief but clear
explanation of the term
2. Use of formal or informal speech
-consider:
• literacy of your audience
Question:
-Do they belong to the legal profession, medical or ordinary
individuals?
3. Language level
Question:
-What are their educational attainment
levels?– the witnesses, litigants, as well
as other participants.
4. Written communication
- Use of correct grammar, commas,
periods in preparing a pleading, a judicial
affidavit and all papers or documents that
are to be submitted in court.
5. Nonverbal messages
Factors to be considered:
• Voice (volume, articulation, pace and rhythm, pauses)
• Eye contact
• Facial expressions
• Gestures
• Posture, movement, and body orientation
• Use of space and room arrangement
• Appearance and objects (clothing, jewelry, items on the bench,
etc.)
• Silence
• Others—anything that people can interpret as being meaningful
in communication (blushing, sweating, blinking, touching, crying,
etc.)
Tips for effective nonverbal communication
on the bench:
• Be aware of the communication power of
your voice
• Maintain eye contact with the speaker
• Orient your body toward the speaker and
sit up straight or lean forward slightly
• Make sure what you do matches what you
say, and what you say matches how you
say it.
D. Top 10 Signs of Bad Legal
Writing*

*Excerpts from: “How to Write Good Legal Stuff” by Eugene Volokh and J.
Alexander Tanford
 10. Using Passive rather than
Active Voice
Bad Legal Writers Good Writers
• “the ruling was made by • “the Judge ruled”
the Judge” • “the plaintiff filed a
• “the complaint was filed complaint”
by the plaintiff” • “the court held…”
• “It was held that…”

•Spotting Guide
a) Check for the word “by”
b) Look for sentences or phrases starting with “it is” or
“it was”.
Exception: Use the passive voice when you do not know the actor or when
the result is more important than who did it.
 9. Nominalizations
Bad Legal Writers Good Writers
• “reached a conclusion” • “concluded”
• “granted a continuance” • “continued”
• “involved in a collision” • “collided”
• “take action” • “act”

•Spotting Guide: Look for words ending in “ion”.

 8. Fear of Calling things by
their Names
Bad Legal Writers Good Writers
• The plaintiff • Susan Perez
• The defendant • Michael Lopez
• The day in question • June 3rd
• The scene of the accident • In the parking lot
• Her place of employment • Pizza Hut
 7. Verbosity
Bad Legal Writers
“The court in Chester v. Morris, a
case involving a similar traffic
accident, held that a person
riding a bicycle must adhere to
the same standards as a person
driving a car, although it
limited its holding to the facts
of that case, which included
the fact that the bicyclist as
intoxicated.”
Good Writers
• “Chester v. Morris involves a
similar traffic accident. The
court held that a bicyclist must
adhere to the same standards
as a person driving a car. The
opinion is limited to situations
in which the bicyclist is
intoxicated.”
 6. Qualifying Phrases
Bad Legal Writers Good Writers
• “the court, although it • “the court held that a
limited its holding, held bicyclist must adhere to
that a bicyclist must traffic rules, although it
adhere to traffic rules” limited its holding…”
• “the court has, although
with limits, held that a
bicyclist must adhere to
traffic rules”
 5. Redundancy
Bad Legal Writers Good Writers
• “cease and desist” • “stop”
• “give, devise and • “give”
bequeath” • “void”
• “null and void”

•Spotting Guide: Look for “or” or “and”.

 4. Meaningless Adverbs used in a vain effort to make a
weak point appear stronger

Bad Legal Writers Good Writers

• Chester v. Morris clearly held
that bicyclists must adhere to
the rules of the road.
• The fact that he was drunk is
extremely important.
• The holding is very narrow.
• It is really important that he
was not wearing a helmet.
• He was undoubtedly drunk.
• It is manifestly obvious that
drunken bicyclists are
dangerous.
• Chester v. Morris held that
bicyclists must adhere to the
rules of the road.
• The fact that he was drunk is
important.
• The holding is narrow.
• It is important that he was not
wearing a helmet.
• He was drunk.
• It is obvious that drunken
bicyclists are dangerous.

Spotting guide: Look for words ending in “y”.

 3. Meaningless weasel words used because
you’re afraid to take a position

Bad Legal Writers:

• maybe
• Quite possibly
• At best/at least
• Might be
• Seems to
• Appears to
• Perhaps
• Probably
• Tends to
 2. Double Negatives
Bad Legal Writers Good Writers
• “not uncommon” • “common”
• “failed to show inability” • “showed ability”
• “not insignificant” • “significant”
• “not uncomplicated” • “complicated”
• “not incapable” • “capable”
• “not inappropriate” • “appropriate”
 1. Phrases with absolutely no
meaning whatsoever
Bad Legal Writers
• “It should be noted that Chester v.
Morris was decided before the
statute was amended.”
• “Evidence that the defendant was
drunk does not operate to remove
the issue of contributory
negligence.”
• “Despite the fact that the
defendant was drunk, he operated
his bicycle carefully.”
• “It is obvious that a drunken
bicyclist is a danger on crowded
streets”
Good Writers
• “Chester v. Morris was decided
before the state was amended.”
• “Evidence that the defendant was
drunk does not remove the issue
of contributory negligence.”
• “Despite the defendant’s
drunkenness, he operated his
bicycle carefully.
• “A drunken bicyclist is a danger
on crowded streets.”
II. To the Court and the Judge
Canon 10: A lawyer owes
candor, fairness and good
faith to the Court.

Rule 10.02 - A lawyer must not

knowingly misquote or
misrepresent the contents of a
paper, the language or the
argument of opposing counsel,
or the text of a decision or
authority, or knowingly cite as
law a provision already
rendered inoperative by repeal
or amendment, or assert as a
fact that which has not been
proved.
Canon 11: A lawyer shall observe and maintain the respect
due to the courts and to judicial officers and should not
insist on similar conduct by others.
• Rule 11.3. – A lawyer shall
abstain from scandalous,
offensive or menacing
language or behavior before
the courts.
• Rule 11.04 – A lawyer shall not
attribute to a Judge motives
not supported by the record or
have no materiality to the case.
III. To the Client and Opposing
Party
• Communication is the
foundation of all our
interactions with others.
It influences the way we
perceive and judge not
only other people but
also the facts and
circumstances of cases.
• Language is the lifeblood of legal work.
• Strong oral and written communication skills are a
must.
• Along with this, a major component of our work is to
identify, analyse and research issues.
• Without skills in these areas, we are unable to
effectively meet the needs of our clients.
 A. Written Communication
• Written ideas are
subject to more
sustained thought,
consideration, and
improvement than
those expressed orally.
• How do you improve
your written
communication skills?
B. Oral Communication
• Any time oral
communication is
involved, nonverbal
communication is a
factor, and even when
the client is not
speaking, he or she is
still communicating
nonverbally.
• Consciously or, more often, unconsciously, they
affect perceptions of credibility and are interpreted to
express emotion.
• Researches in the communication field shows that we
place great importance on nonverbal behaviors even
though we often misinterpret them and there are no
absolute formulas for their interpretation.
• What are some factors to consider?
 For effective listening
• Effective listening means that you
understand the client’s entire message,
bringing together many of the verbal
and nonverbal communication.
 4 Steps to active listening
• A. Focus on the Client and his or her
message
• B. Draw out the message as necessary
• C. Communicate your understanding of
the message
• D. . Encourage confirmation or
clarification of the meaning
IV. To Fellow Lawyers
• COURTESY AND
GOOD FAITH:
Canon 8: A lawyer shall
conduct himself with
courtesy, fairness and
candor towards his
professional colleagues,
and shall avoid
harassing tactics against
opposing counsel.
• A lawyer must avoid sharp practice and must not
take advantage of or act without fair warning upon
slips, irregularities or mistakes on the part of other
lawyers not going to the merits or involving the
sacrifice of a client’s rights.
• A lawyer must not use any device to record a
conversation between the lawyer and a client or
another lawyer, even if lawful, without first
informing the other person of the intention to do so.
 How a lawyer should communicate to
fellow lawyers

• Rule 8.01 – A lawyer

shall not, in his
professional dealings,
use language, which is
abusive, offensive or
otherwise improper.
• Rule 8.02 - A lawyer shall not, directly
or indirectly, encroach upon the
professional employment of another
lawyer, however, it is the right of any
lawyer, without fear or favor, to give
advice and assistance to those seeking
relief against unfaithful or neglectful
counsel.
A lawyer must answer with reasonable
promptness all professional letters and
communications from other lawyers that
require an answer, and a lawyer must be
punctual in fulfilling all commitments.
V. Summary and Conclusion
• Language is the lifeblood of legal work.
• Lawyers communicate with clients, the court,
employers, other lawyers, office staff and many
others.
• Strong oral and written communication skills are a
must.
• These skills are the very foundation of legal work
and should be enhanced over the course of a legal
career in any practice setting.
“Because we are professional
communicators, it is our
obligation to be plain and
simple.
It’s not our readers’ and
listeners’ jobs to try to
understand us.
It’s our job to make certain
that everything we write
and say commands instant
comprehension.”