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    Home»Legal»The power of the spoken word to improve your legal prose
    Legal

    The power of the spoken word to improve your legal prose

    onlyplanz_80y6mtBy onlyplanz_80y6mtAugust 15, 2025No Comments5 Mins Read
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    Identify your favourite ebook. What’s your favourite line from that ebook? Do you’ve one? Are you able to even bear in mind one line, one quote from the ebook? Now, identify your favourite film. What’s your favourite line from that film? Are you able to decide only one, or are there too many to select from?

    If you happen to’re like me, you’ve a favourite ebook, one you’re keen on above all others, one that you simply inform folks is a “must-read.” But as a lot as you’re keen on that ebook, you can’t recite one line from the ebook. You nearly can. You’ll be able to visualize the setting and the primary characters in your thoughts. You’ll be able to think about how they sound and their attitudes. However strive as you may, you can’t bear in mind one line of dialogue from the ebook.

    Then again, reciting your favourite line out of your favourite film isn’t any drawback. In truth, it’s possible you’ll trot that line out with pals, household or co-workers. Certainly, it’s possible you’ll repeat it so typically that your co-workers, pals and households are fed up with it and with you. There’s simply so many occasions folks can hear you say: “Go away the gun. Take the cannoli,” earlier than they need to deal with you to the identical finish that awaited Paulie in The Godfather.

    Why is that this? Why do quotes from motion pictures implant themselves so clearly in our brains whereas the written phrase doesn’t? Is it that motion pictures are higher than books?

    Historical past and expertise inform us that’s not so. Certainly, uncommon is the case through which a ebook is customized right into a film and the film model is a greater story. Does it occur? Sure. However that’s the exception not the rule. So why can we bear in mind quotes from motion pictures way more simply than quotes in books?

    One clarification could also be offered by media richness idea, which was developed within the Eighties. Face-to-face communications or communication by way of video mixed with audio are richer types of media than the written phrase in that they can talk complicated concepts extra rapidly and extra successfully in a shorter time frame.

    Why is that? There are a variety of causes, however chief amongst them is that the spoken phrase, due to nonverbal cues, in addition to tone and pitch of voice, faucets into emotion way more successfully than phrases on a web page. Thus, whereas human conduct is pushed each by logic or cause on the one hand and emotion on the opposite, there was suggestion that as much as 90% to 95% of decision-making is pushed by emotion. And the spoken phrase is more practical at tapping into emotion than the written phrase.

    However whether or not conduct is pushed primarily by emotion or whether or not it’s pushed in equal measures by emotion and logic, it’s clear that emotion performs an integral half in our decision-making and conduct. Accordingly, communication meant to foster a choice (e.g., authorized briefs) that may faucet into each logic and emotion is presumably a superior type of communication than that which appeals to only logic.

    If you happen to don’t imagine this, simply strive it for your self. Learn the French nationwide anthem, La Marseillaise. Then hearken to it being sung by Victor Laszlo and varied expats in Casablanca. That may clear up any doubts.

    That’s all properly and good, however how does this relate in any respect to authorized writing? In spite of everything, authorized writing is simply that—writing. It’s simply phrases on a web page, typically crammed with impassive jargon and quotation. What good does it do to know that the spoken phrase is more practical than the written phrase in speaking when you’re required to current your concepts and arguments by way of a written doc?

    Properly, it means you could check your written materials by studying it aloud. Doing this can reveal whether or not your writing is obvious and whether or not it flows naturally—like spoken language—or whether or not it’s stilted, complicated and overly structured, crammed with dependent clauses, as authorized writings (and, certainly, this sentence) all too typically are.

    Trace: If studying your work out loud leaves you breathless or you end up tiring of your personal voice, that’s an indication that you must trim your work all the way down to dimension.

    Studying your work aloud may even allow you to determine typographical, grammatical and syntactical errors. Certainly, anybody who has been working towards regulation for a while is aware of the sinking feeling of submitting a short or sending an electronic mail solely to later discover a typo within the doc regardless of having proofread that doc a number of occasions. Studying the written work aloud, nevertheless, is a superb double-check that may help in recognizing typos and different grammatical errors.

    Maybe most significantly, studying your work aloud will allow you to find out whether or not your work has any emotional affect. If it sounds such as you’re studying a grocery listing, there’s guess it can learn simply as bloodlessly to a choose.

    Is studying your work out loud a cure-all for issues in your writing? Actually not. Nevertheless it undoubtedly will assist. As Yul Brynner stated in The Ten Commandments: “So let or not it’s written. So let or not it’s achieved.”

    Alex Barnett is a companion at DiCello Levitt, the place he focuses on complicated, class motion litigation and representing these injured by antitrust violations.

    ABAJournal.com is accepting queries for authentic, considerate, nonpromotional articles and commentary by unpaid contributors to run within the Your Voice part. Particulars and submission tips are posted at “Your Submissions, Your Voice.”

    This column displays the opinions of the writer and never essentially the views of the ABA Journal—or the American Bar Affiliation.

    Improve legal Power prose spoken word
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