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Example research essay topic: Impact Of Communication In The Law - 1,133 words

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Impact of Communication in the Law The judges and legal practitioners consistently place a high emphasis on the importance of communication in the practice of law. The effective communication in law is essential to the emergence of effective legal practitioner, as communication skills are used daily in performing duties, whether the legal practitioner interviews a witness, or is used in negotiation, pretrial discovery and evidence, in the legal process and system, or for legal counseling, analysis of cases (trial and appellate), direct examination and building the case or brief. The present paper examines the impact of communication in law and proves that communication is very important, as it relates to the practice of law and the practice of management. As it was already mentioned, effective communication skills are crucial for the legal practitioner. Professional communication in the legal practice can be virtually examined through the three separate concepts, professional, communication, and skills, as all these concepts have great impact on the practice of law. Professional communication involves such important concepts like ethics, as a professional legal practitioner is expected to meet high ethical standards.

The professional also needs to show respect for the others, and to act so to earn the respect of the others. To a certain extent, professional communication also embraces such concept as appearance, because the professional is expected to be neat, and to "look the part" by being it in the practice of law. The next important aspect is demeanor, as a professional legal practitioner is also expected to demonstrate an authoritative and calm demeanor, irrespectively of how the other participants in the practice of law are reacting. Professional communication also involves competence, as it is required from a professional to have substantial skill and knowledge to do his or her job effectively. Finally, the professional legal practitioner is expected to exhibit a respectful, helpful, and positive attitude, as he or she has to be a positive representative for the employer.

Legal practitioners spend the most of their time involved in communication. Communication may be verbal (when the legal practitioner interviews a witness, or gives directions to his or her client), or non-verbal (when the legal practitioner uses body language or presence in order to convey his or her message). The communication in the practice of law can also be oral or written. Basically, despite the form communication takes in the practice of law, it implies four elements a sender, a message, the environment where the communication takes place, and a receiver.

Communication in the practice of law implies mental and relational (transactional) components. To put it differently, utilizing the skill of communication in his or her work, a legal practitioner should know what to do and to be able to understand (read) the person he or she communicates with or the situation accurately, and to be able to provide a correct respond to the feedback. The communication has great impact on the practice of law, as the law practitioner deals with people. Therefore, all his or her work is in direct relation to the practitioner's ability to communicate effectively, whether the legal practitioner needs to communicate with the suspects, victims, witnesses, or his colleagues. From here it also follows that approaching the work as a professional, and developing effective communication skills can make the job more effective and can enhance the legal practitioner's career development. Effective communication allows avoiding physical confrontation, and allows getting the subjects the practitioner needs to deal with to comply on a voluntary basis with the legal practitioner's directives.

Effective communication also allows gaining support and trust easier, thus making the work environment friendlier. Good communication skills also make the legal practitioner more effective, because the easier and clearer his message, the less probability there is of someone interprets his words or intentions wrong. Good communicator is also less likely to get complaints lodged against him or her, and has more chances to represent his or her employer positively. Good communication skills also allow the legal practitioner to write more precise and clearer reports, and, by doing this, the legal practitioners can reduce unnecessary paperwork and make the process of testifying in the court easier. The effective legal practitioner should be able to convey his thoughts succinctly and clearly, relying on constructive criticism, formal instruction, and the life lessons the legal practitioner has learned from the situations in which his or her communication skills were ineffective. In addition, it is essential to a legal practitioner to have well-developed listening skills, as they are integral to effective communication.

The practitioner should understand that poor listeners may miss the important facts or misinterpret their clients concerns, which may break or make their clients case. Communication, as a process by which the legal practitioner exchanges information with the others, through a common system of symbols, words, behavior, or signs, in the practice of management, may take the shape of informal or formal tactics or dialog. Communication, therefore, is directly related to the process of management, as well. As far as management, both operationally and philosophically directs an entire organizational system (with the legal practitioner as a part of this organizational system), and moves it towards its intended goal, which is defined in the process of law, the process of management should also involve the effective communication skills. When discussing the practice of management in law, we come to conclusion that the process of sharing information, namely, communication, is one of the most important aspects of discussing the subjects of common interest.

In conclusion it may be said that communication has a great impact on the practice of law. The effective legal practitioner should be equipped with the fundamental skills of analysis and argument building, communication and presentational skills, the skills of communication analysis in legal advising, legal practice, advocacy and conflict resolution. Effective communication is also very important in some of the aspects of litigation. Communicative functions are crucial in the legal profession, whether it involves negotiation, interviewing, mass media coverage, voir dire, opening statements, cross-examination, direct examination, objections, or closing arguments.

Strong communication skills are also very important for the legal practitioner in what relates to the jury deliberations, the instructions judge is expected to give to jury, appellate arguments, and judicial decisions, to mention a few. Much of the importance of effective communication in the practice of law is in legal dialogue, whether it relates to the dialogue between attorney and attorney, attorney and judge, attorney and jury, attorney and client and witness, witness and jury, defendant and jury, judge and jury, or jury and jury communication processes. Verbal and nonverbal aspects involved within these dialogues should not be underestimated as well. In such a way, the communication plays an important role in the practice of law, both in the courtroom and overall legal process.


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Research essay sample on Impact Of Communication In The Law

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