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Why Do Lawyers Use Such Complicated Language (Legalese)?

3/12/2014

7 Comments

 
There is a joke about why lawyers use complicated language, sometimes called legalese:
So they can charge higher fees.

There may be a little bit of truth in that, but the full answer is, well, more complicated.

One of the reasons the law is often written in complicated or hard-to-understand language is because of the way law develops.  In the United States, we use something called stare decisis.  (That's pronounced starry de-sigh-sis.)  Stare decisis means that we look at past cases to help us interpret the law today.  

This helps maintain consistency throughout time and helps lawyers and litigants predict the outcome of their own case.  Those are good goals.  But one of the downfalls of stare decisis is that words and phrases from hundreds of years ago - like stare decisis - stay with us.  

Another reason the law is so complicated is that sometimes lawyers will disagree about what a word or phrase means.  If a word or phrase or phrase can be interpreted in more than one way, more words will need to be added to make sure it is interpreted as intended.  A misinterpreted word can lead to huge unintended consequences.

A good lawyer who is writing a law or other legal document will try to think of every possible way the document could be misinterpreted in the future.  The lawyer then has to write more into the law or document to guard against these possible future misinterpretations.  As words and phrases are misinterpreted in laws and documents, over time, lawyers will include all the possible guards against all the possible misinterpretations that exist or might exist in the future.  This is how a short sentence can turn into a page-long paragraph.

A third reason the law sounds so complicated is because terms of art have developed over time.  A particular word or phrase might have a specific meaning in the law that is completely different than what it means outside the law.  

An example of this is the word "continue."  In everyday, to continue something means to keep going.  But in court, to continue something means to put it off for another day or time.  For example, a lawyer might ask to continue a hearing until the afternoon because she has a more pressing appearance scheduled in another courtroom that morning.

Or a word might not be used in everyday life, but it might have a well-known and easily understood meaning in the law.  These words and phrases are often in Latin (see "stare decisis" above).  These uses of words often provide shortcuts for lawyers, but they can make the law sound confusing and complicated to a nonlawyer.

Legal movies and television can use these words to great affect.  A memorable scene from "Legally Blonde" is a great example of this.  Elle (Reese Witherspoon) squares off against her rival in a discussion of the differences between the terms malum prohibitum (a regulatory crime) and malum in se (a dangerous crime).
Legally Blonde
Finally, another reason the law is so complicated, especially in criminal law, is because of a little thing called the Constitution.  The Due Process Clause of the Constitution requires fundamental fairness.  This means that a criminal defendant must be put on notice of possible crimes he may commit.  This, in turn, means that criminal laws cannot be vague or overbroad or they will be held unconstitutional.  Law are often written in a complicated way to try to prevent that from happening.

The Due Process requirement of fundamental fairness also means that any ambiguity in a criminal law will be interpreted in the defendant's favor.  That is called the rule of lenity (another phrase from centuries ago).

An example of the rule of lenity is found in United States v. Santos, 553 U.S. 507 (2008).  The U.S. Supreme Court discussed the possible definitions of “proceeds” in the federal money laundering statute, 18 U.S.C. § 1956.  Specifically, the Court discussed whether "proceeds" covers criminal receipts or profits.  The Court stated:
From the face of the statute, there is no more reason to think that ‘proceeds’ means ‘receipts’ than there is to think that ‘proceeds’ means ‘profits.’  Under a long line of our decisions, the tie must go to the defendant.  The rule of lenity requires ambiguous criminal laws to be interpreted in favor of the defendants subjected to them. . . .  Because the ‘profits’ definition of ‘proceeds’ is always more defendant-friendly than the ‘receipts’ definition, the rule of lenity dictates that it should be adopted.
So, if Congress wanted to include both receipts and profits in its definition of proceeds, it would have to amend the law to include those specific terms.  And the law just got more complicated.

The next time you hear someone ask why the law is so complicated, you can give a lawyer's favorite answer to any legal question:  It depends.

If you are a writer, request the free ebook revealing the Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama.  If you want a first free consultation on your project, contact me.
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Recommended Legal and Crime Drama and Comedy Movies

8/10/2012

2 Comments

 
I am developing recommendation lists of the best all-time legal movies (drama and comedy), best crime movies, best legal and crime TV, best legal and crime novels, and best true crime books. 

This is a work in progress, but I wanted to post the movies I have listed so far.  Check it out:  Best Legal and Crime Movies

Feel free to let me know your thoughts on my lists, and let me know what your favorites are!

Also, get your free eBook revealing the Top 7 Mistakes Made by Writers of Crime, Mystery, and Legal Drama.
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Best Quotes from Legal Movies?

3/9/2012

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The editors of Bloomberg Law posted a poll to rank the top ten greatest quotes from legal movies.  They range from funny to moving to inspiring, and come from all kinds of legal movies throughout the years.  Here are a few of their top picks in no particular order:

The Firm (Tom Cruise, Jeanne Triplehorn)
“I discovered the law again.”

Erin Brockovich (Julia Roberts, Academy Award Winner)
“I hate lawyers; I just work for them.” 
(A common sentiment among legal secretaries and paralegals!)

To Kill a Mockingbird (Gregory Peck, Academy Award Winner)
“Stand up — your father’s passing.”
This is the book and film that inspired generations of lawyers to do what they do.

A Few Good Men (Jack Nicholson, Tom Cruise, Demi Moore)
“You can’t handle the truth!”
(Check out my article about how that scene broke trial procedural rules, but the film maintained its authenticity.)

My Cousin Vinny (Joe Pesci, Marisa Tomei (Academy Award Winner), Ralph Maccio)
“Everything that guy just said is bullshit.  Thank you.”
(The best legal comedy in my book!  And a great example of how a film can be procedurally realistic and incredibly entertaining.)

The Verdict (Paul Newman)
“You are the law.”

Was your favorite film and line here?  If not, please share your favorites!  Check out a video compilation of the top ten here.

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Oscar Best Picture Winners: 18 Crime and Legal Genre Films

2/24/2012

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When done right, crime and legal films can be award magnets.  They are common Oscar contenders.  Here are the crime and legal movies that have won the Academy Award for Best Picture over the years (click the pictures to check out the ones you haven’t yet seen):
No Country for Old Men – 2007
Based on the novel, a man finds two million dollars after a drug deal gone bad and flees a hit man trying to recover the money, with the sheriff close behind.


The Departed
– 2006
An Irish Mob boss plants an informant in the Massachusetts State Police while the police send an undercover officer to infiltrate the Mob.  Both sides discover the other’s scheme, and each try to learn the other’s identity before his own cover is blown.

Crash – 2005
A story of racial and social tension, several characters' stories interweave during two days in Los Angeles, including a black LAPD detective estranged from his mother, his criminal younger brother and gang associate, the white District Attorney and his irritated and pampered wife, a white racist police officer who disgusts his more idealistic younger partner, and an African American Hollywood director and his wife who must deal with the racist officer.

Chicago – 2002
A musical crime movie about two women convicted of murder trying to save themselves from their death sentences.



The Silence of the Lambs – 1991
(My personal favorite and only the third movie in history to win in all five major Oscar categories – best picture, director, actor, actress, and screenplay.)
Based on the novel, an FBI trainee gains the trust of a brilliant institutionalized serial killer to help the FBI catch another active serial killer.

Kramer vs. Kramer – 1979
Based on the novel, the film depicts a couple’s divorce and its impact on everyone around them.




The Godfather Part II
– 1974
This film depicts the rise to power of Vito Corleone and chronicles the Corleon family’s story after the events in The Godfather (see below).



The Sting
– 1973
A crime comedy following two professional conmen who try to scam a mob boss.




The Godfather
– 1972
Based on the novel, this film tells the story of the Corleone crime family.




The French Connection
– 1971
The film tells the story of two real NYPD detectives and revolves around the smuggling of narcotics between France and New York.



Oliver!
– 1968
A musical that in part follows the adventures of a band of pick-pockets.




In the Heat of the Night
– 1967
Based on a novel of the same name, this is the story of a black Philadelphia police detective (Sydney Poitier) who becomes involved in a murder investigation in a racist small town in Mississippi.


West Side Story
– 1961
A musical gang film based on the Broadway musical of the same name.




On the Waterfront
– 1954  
A Mob film about union violence and corruption among longshoremen.  With Marlon Brando.




All the King’s Men
– 1949
The rise and fall of a self-taught lawyer who became a corrupt politician and eventually discovers he can’t buy his way out of everything.



Casablanca
- 1942
Set in World War II, Casablanca was the portal for Europeans fleeing the Germans and trying to get to the United States.  Many famous quotes come from this film, including, "Round up the usual suspects."


Rebecca
– 1940
Alfred Hitchcock’s first American film.  An intense psychological thriller starring Laurence Olivier.



Mutiny on the Bounty
– 1935
Based on the Charles Nordhoff and James Norman Hall novel, the film is a fictional chronicle of the real-life mutiny against Captain Bligh.
 
 



 
I have to admit I haven't seen all of these.  Which are your favorites?

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The Best Criminal Law Movies Ever

1/12/2012

1 Comment

 
The American Bar Association's ABA Journal recently made a list of the 25 Greatest Legal Movies according to its panel of attorneys and law professors who regularly comment on law in the media.  Most of the films on the list are crime and criminal law movies.  Many are award-winners.  So, here are some of the top crime and criminal law movies ever. 

If you haven't seen some of these classics. or don't have them in your film library, click on the pictures to purchase a copy.  Watching great films is an excellent way to get motivated on any project you may be working on (or putting off)!

To Kill A Mocking Bird
12 Angry Men
My Cousin Vinny (which I selected as my favorite legal comedy ever)
Anatomy of a Murder
Inherit the Wind
Witness for the Prosecution
Presumed Innocent
A Few Good Men  (Check out my discussion of how this film broke the rules without losing credibility.)
Chicago
Reversal of Fortune
Compulsion
And Justice for All
Young Mr. Lincoln
Amistad
Some honorable mentions include:

The Accused
Beyond a Reasonable Doubt
The Client
Ghosts of Mississippi
Jagged Edge
JFK
Legally Blonde
The People Vs. Larry Flynt
Primal Fear
A Time to Kill
1 Comment

Best Legal Comedy Ever!

8/26/2011

26 Comments

 
There was a legal comedy that came out in the 90s, that scores Best All-Time Legal Comedy in my book! 

A couple of New York college kids are driving out west when a criminal mix-up at a small-town southern store gets them picked up by the local sheriffs.  The two unwittingly confess to murder, and now have to try to navigate Alabama's criminal justice system with the electric chair hanging over their heads.

One of the boys has an attorney in the family who travels from New York to help them out of their predicament.  Of course, it's My Cousin Vinny!

This movie is hilarious, and gets extra points for its relative courtroom accuracy.  Most criminal lawyers have appeared before a cranky old judge who's a stickler for the rules.  Also, it's a well-known belief that an out-of-town attorney is not going to fair as well (with juries or judges) as a local.  This fish-out-of-water story captures that beautifully!  Finally, the vast difference between law-school law and courtroom law is on full display!

Close runner-up:  Liar Liar - less realistic courtroom scenes but hilarious!
26 Comments
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    Author

    Blythe Leszkay is a successful and experienced criminal attorney, criminal law professor, and consultant to writers and filmmakers.  See About Me.  This blog is intended to answer common criminal law questions, dispel misconceptions, and explain misunderstood criminal law concepts.  It is also a place to discuss any crime or law related topics of interest.  Contact me for a free initial consultation on your film or writing project.

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