When asked to name professions that require a great deal of education, almost inevitably people will say “lawyers” or “attorneys.” And yet, many attorneys, and other professionals, who claim to be highly educated individuals use a canon of language that does not favorably represent their true intellectual abilities. The question, for lawyers and professionals of all stripes, is simply, “How can I use words that accurately reflect my level of intelligence without compromising the clarity of my message?”
The answer to that question lies in the realm of vocabulary. When most people are exposed to the word “vocabulary,” their minds automatically drift back to their school days, when long lists of exhaustive, multisyllabic words were posted on a blackboard or whiteboard, and the expectation was that students would: A) look up every definition for each word in an old-smelling dictionary, and then B) use those words in individual sentences. This approach did not result in mastery of the words, nor did it enhance our “working” vocabularies, for the most part. Instead, such a task served as mere “busy work” so that our teachers could then finish grading papers or making lesson plans.
Fortunately for today’s students, teachers have been given much better tools with which to teach new words and their meanings. However, for the students of yesterday, that dull perception of vocabulary lingers in our minds. After all, no one wants a laundry list of terms and phrases that could easily be replaced with something more concise. As an example, which would you rather hear about — ”Explication of Homicidal Propensities among Median-Income Caucasian Populations,” or “Why Average White People Commit Murder?” The latter phraseology cuts straight to the point, and may even arouse interest in readers, whereas the first one seems convoluted, overly academic, and pretentious.
For criminal law attorneys, being able to persuade a jury is among the most important of tasks in professional life. Communication is the key to such persuasion, and vocabulary is a direct influence on that communication. If, for instance, a jury is comprised largely of “average” demographics — people with high school diplomas or some limited exposure to college education — then the word choice or diction that is decided upon should ideally match the intellectual level of one’s intended audience.
An attorney would not, for instance, address such a group in the following way: “The mitigating and extenuating circumstances involved in the commission of the aforementioned atrocity will reveal themselves to be of greatest magnitude and import.” Again, the audience has been given nearly twenty-five words of utter rubbish, in their minds. When an attorney finds himself or herself using long lines of terminology, jargon, and legalese, one may rest assured that the jury or the intended audience has been lost somewhere in the mélange of vowels and consonants.
Obviously, the legal profession has its own unique vocabulary. In fact, many of the terms indicative of the profession are quite beautiful when spoken. “Habeas corpus” may sound romantic and intriguing when used in context. But how many people outside of law actually know its interpretation? The same holds true for technical terms: If asked, how many average citizens would really be able to accurately define “third-degree felony?”
Lawyers and other professionals must understand the need for correct, clear, concise, coherent, and concrete vocabulary. These are the “five C’s” that are usually taught in journalism schools, but the above-named qualities work equally well in any line of work that involves lucid communication. By remembering and employing the previous five “c-words” in everyday spoken and written communication, one can be certain that confusion and delay have been avoided at all costs.
To begin, attorneys must ensure that their word choice is correct. Accuracy in law is valued preciously, and by using an incorrect term or phrase, a lawyer may jeopardize his or her own credibility, among other things. To label a misdemeanor as a “heinous act of unwarranted malice” may seem like great hyperbole at the time, when in fact, it is perceived by listeners as nothing more than exaggeration and dishonesty.
Secondly, litigators of all sorts must think about the clarity of their words. In writing an official document, which would be clearer: “dissolution of marital bonds” or simply “divorce?” If communication is not clear, its intended message is consequently lost. Having a second set of eyes or ears providing feedback can be invaluable in making decisions regarding clarity.
To those who have had to sit through long-winded lectures, sermons, or presentations, the value of conciseness is obvious. “Never use two words where one will do sufficiently” is another rule from the realm of journalism that can be equally applied to other fields. One way to ensure that your speech or writing is concise: begin by looking for unnecessary prepositional phrases. Consider the sentences below:
- 1. Scout went with Jem to the store located in the county of Maycomb.
- 2. Jem and Scout went to Maycomb County’s store.
(Apologies to Harper Lee, author of To Kill a Mockingbird.)
The second sentence is more concise. Why? It lacks the wordiness and the excessive verbosity of its predecessor. (Notice how I have used “excessive verbosity” when “wordiness” worked perfectly fine already?) The first sentence is comprised largely of overlapping prepositional phrases — for those of us who need an English class refresher course, prepositional phrases are those sets of words like “over the river” or “through the woods” or “to grandmother’s house.” They help describe a state or condition, such as “with Jem,” “to the store,” “in the county,” or “of Maycomb.” All four of the phrases identified are prepositional in nature, and as such, they water down the sentence’s true meaning. Because the second sentence does not have such issues, it reads more clearly and more concisely. Not all uses of vocabulary have to be complex, as this lesson demonstrates.
Coherence is closely related to cohesion, as the words come partially from the same roots. Cohesion is the bonding quality that causes people or things to fit or work together effectively. When language and vocabulary are coherent, a message flows seamlessly from one point to the next, avoiding abruptness or “choppy” delivery. Coherence makes time seem to fly by, as its use in presentations will lead an audience logically from one point to the next without chasing proverbial rabbits. By staying focused on the topic, using strong transitions, and thinking about the connectedness of each point to be made, a writer, speaker, or attorney can ensure that any message conveyed is completely coherent in its use of vocabulary.
Concreteness, as an attribute of communication, can be measured using a variety of criteria:
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1. Is the statement easily “pictured” in the mind of the audience?
- 2. Is the statement tangible? Can the audience relate to it easily, or “hold onto” it?
- 3. Is the statement certain? In other words, are the words being used in a sure and positive way?
- 4. Is the statement measurable? Is there a quantity that can be attached to it, or is it just vague and abstract in nature?
In choosing concrete vocabulary, the attorney must avoid certain “fluffy” parts of speech: Adverbs and adjectives serve no other possible purpose but to modify other words. For instance, words like ugly, pretty, fat, happy, tall, and other descriptive adjectives may “beef up” a document or presentation, but they are not concrete. How ugly was the person or thing being described? How pretty, how fat, how happy, how tall? Such terms are not quantitative, and therefore, they have very little qualitative value as a result. “Seven feet tall” gives us an accurate and concrete idea, as does a body weight of 400 pounds. In describing other glittering generalities, similar measurements may be used: How do we know if someone is happy? Smiling, laughing, and other indicators of contentedness paint a much clearer picture for an audience than the nondescript “happy.” The same holds true for adverbs: Quickly, suddenly, stupidly, harshly, and the whole gamut of other “ly” words fail to present a tangible and concrete idea. The reason for this discrepancy is based in human nature: Everyone has a different idea about what constitutes the words listed previously.
“It is important to know the words you are actually using so that you don’t back over some other vaguely related legal concept,” said Jason Reuter of the Florida Coastal School of Law. “If you don’t know what you’re saying, you can get in all kinds of trouble.”
More experienced attorneys would agree.
“Speaking without thinking is a lot like waving around a loaded gun,” says Attorney Paul LeManche. “You can do a world of damage with the wrong words in court.”
By following the “five C’s,” attorneys and other professionals can be certain that their words reflect their intent, and that no harm will be done. Beyond those basic rules, however, there are other, more precise matters to consider when discussing the use of vocabulary within the legal profession and similar professions.
Employees in typically “white collar” occupations are subject to a higher and greater set of intellectual expectations than are people who work in middle-class or more common career fields. No matter how unfair and prejudicial that expectation may be, it still exists, and it is one that must be complied with for optimal results in society, in law, and beyond.
Members of a jury, judges, consultants, and the full range of other “audiences” expect that a more impressive vocabulary will be used by knowledgeable attorneys. Does this mean that one’s language should be punctuated with the effluence of legalese and jargon mentioned before? Certainly not; perish the thought. However, it does mean that a slightly more academic vocabulary should be applied when one encounters an “official” situation. By utilizing powerful language, attorneys and professionals indicate that they are not only credible, but also thinking and rational human beings.
In his book, Words That Make a Difference author Robert Greenman states, “Any word that increases our ability to express ourselves enriches our lives.” How very, very true that statement is. If we are to portray ourselves as literate, functional members of society, it behooves us to use a set of English words and phrases that tell others how we fit that description.
A conversation at the pub on Friday night is entirely different from a consultation with a client, and because of this obvious discrepancy, our “code” should adapt to the given circumstance. For instance, talking to Fred or Bob about his golf game requires an entirely different social and mental protocol than does, say, the defense of an alleged rapist. One’s ability to “code switch” remains the mark of an intelligent and capable professional.
Networking with fellow attorneys or similar professionals requires a broadly divergent vocabulary from that used during a family dinner conversation. In schools today, teachers busy themselves with the task of differentiating language uses for students whose days are consumed by such acronyms as “LOL (laugh out loud)” or “BRB (be right back).” It is mandatory that students recognize the varying uses and applications of slang “text talk” in contrast to that language used in the vital functions of life: preparing a resume, writing a cover letter, completing an application essay, or carrying out any number of other highly critical language-oriented tasks.
The expectation of situational vocabulary is no different for those in the “real world” of law. Failure to adapt and evolve one’s working personal dictionary is a mark of a tired and declining individual; one who is unwilling or unable to meet the demands of a highly lucrative field. Stubbornness can be a desirable persistence, but not when it poses a hurdle to one’s own success.
Long considered the Bible of effective communicators, The Elements of Style by William Strunk and E.B. White has this to say about language and vocabulary:
- “The shape of our language is not rigid; in questions of usage we have no lawgiver whose word is final.”
Using the “rule” posed by this statement, it would seem logical that someone could justify a deficiency in vocabulary by simply asserting that there is no single source dictating what words constitute a correctness or incorrectness in the realm of communication. However, we are able to detect the flaw in such an excuse. The simple truth is, vocabulary is a tool, and it is one that can build or destroy with equal effectiveness. For also in this same tome of golden advice for the effective communicator, readers are told:
- “Avoid the elaborate, the coy, and the cute. Do not be tempted by a twenty-dollar word when there is a ten-center handy, ready and able. … In this, as in so many matters pertaining to style, one’s ear must be one’s guide.”
Truer words were never written. The best words, spoken or written, are often those that sound the best for the circumstance presented.
As one Florida lawyer said, “The more diverse your language becomes, the more convincing you become.” The ability to convince is especially important to those attorneys who are frequently in court, proving cases to judges and juries, as previously discussed. The power of persuasion is completely dependent upon one’s ability to manipulate the language with a high degree of success. Vocabulary ensures that lawyers are able to do exactly that.
If one is quite serious about improving language and vocabulary for daily use, there are a number of sources that can be utilized, both as text and non-text resources. The beauty of enhancing vocabulary is that it does not have to cost much. Granted, nothing can replace a good dictionary for down-and-dirty, ready-and-able word absorption and application. But in today’s society, a number of other reference materials are now available that can vastly improve words and phrases of daily use. A simple Boolean search for “vocabulary improvement” will yield a wide array of materials and programs that can inexpensively help the vocabulary novice.
For the best in vocabulary improvement software, one may wish to use Ultimate Vocabulary, a program specifically developed for the purpose of expanding and bettering the frequently used words in a personal lexicon. English language learners are especially encouraged to seek out this program, as it is engineered to reach those who might not have English as their first language while equally supplementing the vocabularies of native English speakers.
In contrast, a range of other programs that allegedly improve your vocabulary and improve your English can be detrimental to the learning process. Consider, for example, one such name-brand program that actually reverses the principles of plain English by “enriching” your text with big words and unnecessary adverbs and adjectives. Such a premise is faulty at best, and devastating to learning at its worst. Do not be fooled into thinking that high and haughty words make someone more impressive — more egotistical and condescending, perhaps, but definitely not more impressive. Heavy-handed verbal refuse fulfills no other function except for the fortification and supplementation of a less-than-adequate self-esteem. The line of thought that exists is one that says, “Hey, if I use big words, I can feel important and really good about myself.” The fallaciousness of this thinking needs no real examination — it is apparent. As the old maxim goes, “Words don’t make the man (or woman).” We know, however, that our words affect our image, and there is a need to ensure that that image is a positive one.
If one is truly seeking to enhance the number and quality of words used, it is best to consider the credibility of your resource for improvement. Along with Ultimate Vocabulary, another highly credible resource is StyleWriter. The makers of StyleWriter understand the “five C's” of correctness, clarity, conciseness, coherence, and concreteness and they have coded those principles directly into their software. StyleWriter will compare your documents against those principles and the software will suggest specific ways to improve your writing.
Overall, the influence and effectiveness of vocabulary can best be summarized by a quote from author Margaret Atwood, who said, “A word after a word after a word is power.” Choosing those words wisely is the key to anyone’s success, but especially in the legal field. Another author, Joseph Conrad, best known for his classic Heart of Darkness, once stated that “Words are, of course, the most powerful drug used by mankind.” As with any narcotic, their use should be judicious, sound, and beneficial to everyone involved.
English teachers and other word-driven professionals often love to quote Samuel Clemens, otherwise known as Mark Twain:
- “The difference between the right word and the almost right word is the difference between lightning and the lightning bug.”
This particular quotation has been used for generations, but its overuse has not made it any less sage. Using this quotation as a guide, people are enlightened as to the importance and relevance of a replete and splendid vocabulary. Using words that are appropriate and effective is one of the traits of a civilized mind — the kind of mind any lawyer would be proud to possess.
At the end of the day, however, when all is said and done, perhaps Moliere put it most succinctly: “I live on good soup and not fine language.” When push comes to shove and when times get tough, words begin to dwindle in value, but the bare necessities of life will always have their worth. Words, as such, will forever be aids by which to achieve those other bare necessities and the luxuries of life as well. By using that “fine language” Moliere has derided, an individual may rise above their given environment. Why live on “good soup” when one could be thriving on caviar, prime rib, and aged wine? The choice is one dictated by an ability to craft one’s own personal speech and communication. Software such as Ultimate Vocabulary as a tool for vocabulary development, can help any learner to better shape that ability.
Perhaps it is the great potential of words that fascinates us. Perhaps it is their artistry, their diversity, their beauty. No matter what facet of language draws us to its bosom, however, we are obliged as members of the great human race and as members of the great legal profession to honor it. We honor it by using it generously and correctly. We honor it by cherishing the nuance and design of each separate word. And we honor it by increasing our own ability to function purposefully within a verbal society. Doing so is not optional, it is an obligation, and one which we should accept graciously.
To do less than our best in any arena is a mark of deficiency. But when attorneys carelessly toss about the very implements that help make their livelihood, that act becomes an abomination. Without words, we have no vocabulary. Without vocabulary, we are inhuman. And without our humanity, we are nothing. It is the greatest of callings to become the very best we can possibly be, and sharpening our universal vocabularies is the finest and greatest of all possible ways to begin.