Real-Life Communication
Documents that come out of legal proceedings are written in complex
legal jargon. That's partly because of tradition and partly to leave the least
amount of room for interpretation.
Because of this, some lawyers have
a hard time speaking in a way that is understood by ordinary people. Many
revert to "lawyerese." If a jury can't understand an opening statement, they
will be put off. They will not listen to what the attorney is actually talking
about.
Trial consultant Patrice Truman says the most important skill
of a trial consultant is to be able to communicate effectively.
"Lawyers
tend to speak in complicated language," says Truman. "So I will take their
opening statement and make it clear -- you should write to the level of an
intelligent 15-year-old."
Take the following opening statement and
rewrite it so it is clear and easy to understand.
Ladies
and gentlemen of the jury, by the conclusion of this trial, I shall make it
abundantly clear that my client, Ken Brown, did indeed suffer grievous bodily
injury as a direct result of the wanton carelessness of the Family Fun Amusement
Park.
I submit to you today that prior to his fateful trip to said
amusement park, my client did indeed have a fully functional and undamaged
collarbone. Subsequent to this trip, my client's daily life is hampered by
intense pain in this area of his skeletal frame.
Furthermore, my client
has suffered great stress due to being repeatedly interrogated by investigating
officers of the law who hold the malicious intent of making him appear to
be at fault for his own injury.
Some of the words in this
statement are simply unnecessary. Others can be replaced by much more ordinary
words.