ISIE LT Lecture 2 .

1:

Command of Language as a Skill of

Lawyering
Synopsis
Synopsis:
• In General: The tools of trade
• Skill in writing
• Skill in speaking: Addressing the Court

Suggested reading:
Lord Denning, The Discipline of Law (New Delhi:
Aditya Books Private Limited, 1993), pp. 5-8
Tools of trade
Lawyer’s tools of trade
W ords are the lawyer’s “tools of trade” (Lord
Denning)
Interpreting statutory provisions
Drafting a contract or will
Arguing b efore the Court
Advising clients

Language is the “vehicle of thought”, meaning of

which may vary from person to person or situation
to situation.
Interpreting Statutes
“To succeed in the. profession of the law, you
must seek to cultivate command of language.
W ords are the tools of trade.
W hen you are called upon to address a judge, it is
your words which count most. It is b y them that you
will hope to persuade the judge of the rightness of
your cause. W hen you have to interpret a section in
Statute or a paragraph in a R egulation, you have to
study the very words. Y ou have to discover the
meaning b y analysing the words _ one b y one- to
the very last syllab le.”
(Lord Denning, The Discipline of Law, p. 5).
Drafting: Importance of W ording
“W hen you have to draw up a will or
a contract, you have to choose your
words well. Y ou have to look into
the future- envisage all the
contingencies that may come to
pass- and then use words to
provide for them. on the words you
use, your client’s future may
depend” (Lord Denning, The
Drafting: Case Law
Perrin v Morgan (194 3)
“all monies of which I die possessed shall b e
shared b y my nephews and nieces now living”. At
the time, the word “monies” meant cash or money
in the b ank, b ut not the residuary personalty. The
testator’s estate consisted mostly of stocks and
shares and it appeared that she meant the word
“monies” to include those shares. The Court gave
the word “monies” a wide meaning.
-W hy?
Bad drafting? O r
Bad interpretation?
Advising Clients
“W ords are the vehicle of thought. W hen you are
advising your clients- in writing or b y words of
mouth-you are must use words. There is no other
means availab le. To do it convincingly, do it
simply and clearly. If others find it difficult to
understand you, it will b e b ecause you have not
cleared your own mind upon it. O b scurity in
thought inexorab ly leads to ob scurity in
language.”
(Lord Denning, The Discipline of Law, p. 5).
Acq uiring Skill in W riting
Continual practice b y reading and writing so that
no doub t remains in what you are writing

“I want your opinion and not your doub t”

“I may b e wrong and sometimes am, b ut I am never
in doub t ” (Sir George J essel)
Skill in Speaking: Addressing the Court
Addressing the Court
 Dress neatly, not slovenly
 Be well-groomed
 Y our voice must b e pleasing, not harsh or discordant. Pitch it so
that all can hear without strain.
 Do not slur your words. Speak not too fast nor yet too slow.
 No hands in the pocket. It shows slovenliness.
 No fidgeting with pencil or with gown. It shows nervousness.
 No whispering with neighb ours. It shows lack of respect.
 No ‘ers’or ‘ums. . It shows that you slow thinking, not knowing
what to say next.
 Avoid mannerism like the plague. It distracts attention.
 Don’t b e dull. Don’t repeat yourself too often.
 Don’t b e long-winded. All these lose your hearers.
Thank you