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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

    steamymarketing_jyqpv8By steamymarketing_jyqpv8August 14, 2025No Comments5 Mins Read
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    Identify your favourite ebook. What’s your favourite line from that ebook? Do you have got one? Are you able to even keep in mind one line, one quote from the ebook? Now, title 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 have got a favourite ebook, one you’re keen on above all others, one that you simply inform individuals 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 virtually 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 keep in mind one line of dialogue from the ebook.

    Alternatively, reciting your favourite line out of your favourite film is not any downside. In truth, you might trot that line out with mates, household or co-workers. Certainly, you might repeat it so usually that your co-workers, mates and households are fed up with it and with you. There’s simply so many occasions individuals can hear you say: “Go away the gun. Take the cannoli,” earlier than they wish to deal with you to the identical finish that awaited Paulie in The Godfather.

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

    Historical past and expertise inform us that’s not so. Certainly, uncommon is the case during 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 keep in mind quotes from films way more simply than quotes in books?

    One clarification could also be supplied by media richness principle, which was developed within the Nineteen 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’re able to talk complicated concepts extra shortly 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 habits is pushed each by logic or purpose 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 simpler at tapping into emotion than the written phrase.

    However whether or not habits 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 habits. 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 take heed to it being sung by Victor Laszlo and varied expats in Casablanca. That can 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, usually full of impassive jargon and quotation. What good does it do to know that the spoken phrase is simpler than the written phrase in speaking if you happen to’re required to current your concepts and arguments by way of a written doc?

    Nicely, it means which you could take a look at your written materials by studying it aloud. Doing it will reveal whether or not your writing is evident and whether or not it flows naturally—like spoken language—or whether or not it’s stilted, complicated and overly structured, full of dependent clauses, as authorized writings (and, certainly, this sentence) all too usually are.

    Trace: If studying your work out loud leaves you breathless or you end up tiring of your individual voice, that’s an indication that you need to trim your work right down to dimension.

    Studying your work aloud may even allow you to establish typographical, grammatical and syntactical errors. Certainly, anybody who has been practising regulation for a while is aware of the sinking feeling of submitting a short or sending an e-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 influence. If it sounds such as you’re studying a grocery record, there’s a superb guess it’ll learn simply as bloodlessly to a decide.

    Is studying your work out loud a cure-all for issues in your writing? Definitely not. However it positively will assist. As Yul Brynner mentioned in The Ten Commandments: “So let or not it’s written. So let or not it’s finished.”

    Alex Barnett is a accomplice 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 unique, considerate, nonpromotional articles and commentary by unpaid contributors to run within the Your Voice part. Particulars and submission pointers are posted at “Your Submissions, Your Voice.”

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

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