Objection! An aggressive legal writing style and public displays of righteous fury don’t win court cases.
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Real-life courtrooms bear little resemblance to their fictional counterparts. Legal dramas are full of righteously indignant lawyers ready to obtain justice with the force of their convictions. Biting repartee combines with shouts of “Objection!” until the verdict is handed down and the “good guys” walk away triumphantly to a crowd of excited reporters.
While it’s fun to watch Elle Woods prove perjury based on fashion or Cousin Vinny erode witness testimony through astute questioning about magic grits, real legal work requires patience, ethics, and respect for the court.
Some clients may love the drama, but most judges do not. It’s the same with aggressive writing. These documents are exciting — and fun to write — but they don’t win cases and may lead to repercussions.
Zealous Representation vs. Reasonable Diligence
As a lawyer, your responsibility is to provide your client with the best advice and representation possible. Under ABA Model Rule 1.3, you must be competent, honest and professional, acting with reasonable diligence on their behalf. “Reasonable diligence” is an intentional downgrade from a call to represent clients “zealously within the bounds of the law” mentioned in Canon 7 and Ethical Consideration 7-1.
However, zealous representation is not always ethical. While zeal for your client is theoretically positive, zealous lawyers do not always use levelheaded decision-making and measured communication. Careful and considered diligence, however, implies you should work hard in the pursuit of your case without crossing personal or professional boundaries.
Clients Think They Want Aggressive Lawyers
Clients generally have no real knowledge of how the law works outside of what they see in pop culture. They imagine if they’re going to see justice, they need a tough, angry man ready to Hulk out and (verbally) smash opposing counsel. So they look for lawyers who pose with sledgehammers on billboards. They want sharp words, deep scowls and slammed gavels.
But legal professionals know that the process of law is 95% careful research and writing. Poring over precedent doesn’t make for entertaining TV, but it is how cases are won. The law requires substance, not posturing. Yet, even when aware of these requirements, between client pressure and that little bit of ego whispering about flash and pizzazz, it is tempting to throw aggressive flourishes into your writing.
The Reality of Aggressive Writing and Speech
The problem is that aggressive writing and public displays of righteous fury don’t win court cases. Theatrics and accusations don’t make you look like a superhero protecting the rights of the people. They’re more likely to make you look like a hot-headed jerk who doesn’t have the facts to justify your position.
Rude and aggressive language will irritate your opposing counsel — and worse, turn off the judge. Judges have feelings, too, and antagonizing the person who holds your client’s future is a bad plan. It’s hard to remain impartial when one attorney slings insults while the other behaves professionally. It’s even worse if you’re both acting like angry tweens with an insult thesaurus. No judge has the time or patience for that.
Check Yourself Before You Wreck Your Case
Your judge and opposing counsel aren’t stupid. They know an insult when they see one, no matter how many syllables it comes with. Esoteric wording does not hide a slight or make an accusation more professional. Here are some ways to curb your righteous rage into court-appropriate prose:
1. Look for Evasive Phrases
Borders on, verges on, approaches, is almost. These phrases signal you are about to say something aggressive, accusatory or over the top, and want to have a way out if called out on it. Think of these as the lawyer version of “I’m not racist, but —.” Using evasive language signals you know you shouldn’t say what you’re about to say. Revise these statements with more measured and direct speech.
(Read: “Does This Writing Pass the AI Test?” for tips on avoiding squishy language.)
2. Read Your Work Aloud
Do you notice anywhere that your tone changes significantly — either in pitch or speed? This may indicate that you’ve added an emotionally charged phrase. Review the sentence to see if the change was part of the natural flow of the document, or whether something needs to be reworded to remove harsh phrasing.
Levelheaded Professionalism Is the Most Effective Representation
The law is about facts: what happened, what didn’t happen, and what precedent exists to support one decision or another. You must analyze your information and craft an argument that leaves no doubt that your client is in the right. Since accusations and insults will overshadow your well-reasoned argument, leave them out of any communication with the court or opposing counsel.
Of course, you should litigate aggressively on your client’s behalf. Boldly pursue a proactive approach to your case but keep your language professional. A successful lawyer embodies the strength of precise, planned action rather than emotionally charged, reactive representation.
Your client may think they want you to enter the courtroom on their behalf like an amped-up professional wrestler, but legal practice is more nuanced than pop culture suggests. As a legal professional with a commitment to serve your client’s interests and uphold the law, you know better.
The path to winning cases is planned and professional. Save bombastic accusations and aggressive phrasing for the writers in Hollywood. They have no place in the courthouse.
Legal Writing and Speaking Tips from Attorney at Work
- Writing and Editing for Empathy in Legal Marketing
- How to Master the Subjunctive and Conditional for Precise Legal Writing
- Editing, Citations and the Table of Authorities: Keys to Persuasive Legal Writing
- The $4.85 Million Comma
- Does This Writing Pass the AI Test?
- Not Paying Attention When We Told Lawyers to Be Concise?
- Grammar Quiz: What’s Wrong With These Sentences?
- Innumeracy Strikes Again — and Again
- The Articulated Pause: You Don’t Have to Make Noise While You Think
Image © iStockPhoto.com.
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