The latest issue of the ABA Journal has an amusing but informative article about the propensity of lawyers to use "legalese." In The Power of Plain Talk: Legalese Just Gets in the Way of Effective Communication, Jim McElhaney, Distinguished Scholar in Trial Practice at Case Western Reserve University, urges lawyers to speak in plain language and suggests that they avoid using certain words in their legal arguments and when examining witnesses.
Specific advice that might be especially helpful to Moot Court students includes the following:
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Speak in simple sentences. Compound and complex sentences invite confusion. One idea at a time is enough.
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Use simple words. You want everything you say to command instant understanding.
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Facts, not opinions, have the power to convince others.
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Words to Avoid in Legal Arguments:
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Manifestly: Fancy talk meaning "plainly" or "obviously," which are words you shouldn’t use in arguments anyway. If something really is obvious, you don’t need to say so.
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Egregious: It means "outrageous" or "outstandingly bad." But if something is really that bad, you shouldn’t have to tell people that. Egregious is a pompous word. Don’t use it.
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Submit, argue, contend, and maintain: These words say "Here is the position I’m taking" - which implies that you are not necessarily asserting it’s true. So only use them when talking about what the other side has said, not what you’re about to say.
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You can read the entire article here.
