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Ethics of professional communication of a lawyer. Speech in professional communication of a lawyer, speech etiquette and its role in establishing psychological contact requirements for a lawyer’s speech Ethics of a lawyer’s speech behavior

Content

Introduction

Etiquette is a set of rules of behavior established in a team and accepted as the norm of communication in various life situations. You can also define etiquette as a set of rules for treating people; both established and others, transmitted from person to person informally.
A lawyer's official etiquette is formed on the basis of the interrelation and interdependence of legal and moral principles, norms, legal and moral consciousness.
The specificity of the professional activities of lawyers is associated with special moral situations that are usually not encountered in the activities of representatives of other professions.
Employees of the legal profession are subject to increased moral requirements, which is explained by the special trust in them from society and the responsible nature of the functions they perform.
People who decide the fate of others, demanding that they observe the law and morality, must have not only a formal, official, but also a moral right to do so.
Independence and subordination only to the law presupposes the strictest observance by lawyers. Acting in the eyes of society as guardians of the rule of law, they must set an example of its strict observance. Violations of the law by its defenders undermine faith in its inviolability and authority.
The purpose of the work is to study the essence of a lawyer’s office etiquette.
In accordance with the goal, the following work tasks are defined:

The work consists of an introduction, two chapters, a conclusion and a list of references.

1. The concept of professional etiquette of a lawyer

Etiquette (French "etiquette - label, label) is a stable order of behavior, expressing the external content of the principles of morality and consisting of rules of polite behavior in society (manners, clothing, etc.). A stable order of behavior means a set of established rules of behavior relating to external manifestations relationships between people 1.
Etiquette regulates manners. Manners - the ability to behave, the external form of behavior. Manners include certain features of speech (tone, intonation), gestures, facial expressions, and gait.
Etiquette norms are instructions on specific forms of behavior in society. Compliance with them makes communication between people much more pleasant than if these norms are violated or neglected.
Basic norms do not exhaust all norms of office etiquette. Currently, special “reminders” containing rules of behavior have been developed. Their purpose is to help managers organize both personal behavior and the behavior of subordinates to create a favorable moral and psychological climate in the team.
Work ethics serves many different functions. It contributes to the unity of employees, the organization of a healthy psychological climate, ensuring the effectiveness of official activities, and moral and aesthetic education.
Office etiquette also includes the norms of informal relationships, the basis of which is politeness, tact, modesty, delicacy, accuracy and commitment.
These qualities make the communication process pleasant, joyful, interesting, they contribute to the manifestation of mutual understanding, trust, and sympathy between people.
On the contrary, lack of restraint, laxity, lack of composure, familiarity, excessive gesticulation, the habit of grabbing the interlocutor’s clothes, hands, looking to the side during a conversation, interrupting speech, etc. are anti-aesthetic qualities of manner, testifying to a person’s low culture, the underdevelopment of his feelings, tastes, and ideas. They do not promote mutual understanding between people, and make the communication process itself painful and unpleasant.
Generally accepted norms and rules of behavior include: politeness and tact, simplicity and modesty, honesty and truthfulness, frankness and directness, generosity and magnanimity, responsiveness and sensitivity, moral purity, mutual assistance, mutual respect and other community norms, without which the normal existence of society is impossible. .
The official etiquette of a lawyer is a stable order of his behavior when performing official duties, expressing the external content of the principles of morality, consisting of rules of conduct (manners, forms of address and greetings, clothing, etc.) 2.
Etiquette includes rules that are dressed in specific forms, representing the unity of the ethical (showing care, respect, etc.) and aesthetic (beauty, grace of behavior) sides.
The requirements of etiquette in legal practice acquire special significance, since they are a strictly regulated ceremony, where certain official forms of behavior of a lawyer should not go beyond strictly established limits.
Etiquette is expressed in a system of rules of courtesy, clearly classifies the procedure for dealing with officials in accordance with their rank (who should be addressed properly, who should be titled as), and the rules of behavior in various circles. Strict adherence to official etiquette is an important condition for the ethical and aesthetic culture of behavior of a lawyer.
The specificity of legal work is such that a lawyer has to deal with a large number of people and it is necessary to develop rules of behavior with everyone. Real circumstances are so diverse that no rules and regulations can cover them completely. However, we can highlight the main ones that a lawyer should follow in the process of carrying out his professional work.
Basic ethical and aesthetic rules of the relationship between a lawyer and other participants in resolving a case:
A sense of tact is a state of emotional empathy with each of the participants in solving a legal case.
Tact presupposes an attentive attitude to the personality of the interlocutor, due measure in expressions and actions, and the ability to correctly pose and present questions that may cause awkwardness among others.
It is important to constantly remember that adherence to etiquette and tact are an integral part of the spiritual culture of a lawyer as an official, especially as a leader. In this sense, a leader must be a model for his subordinates. Rudeness and lack of restraint, not to mention etiquette, not only undermine his authority, but can also lead to conflict situations in the team.
A sense of tact should be manifested in various forms of business communication of a lawyer:

These and other forms of business communication by a lawyer require their own principles, rules and regulations, which complement a sense of tact. These include:
Correctness - restraint in words and manners, exclusion of unnecessary questions, excessive persistence, etc.
Politeness is an external manifestation of goodwill, calling by name and patronymic, and emotional disposition.
Courtesy is the willingness to provide a service to someone in need.
Accuracy - timely completion of the promised or assigned task.
Self-organization - planning work and completing it within the designated time frame, etc. 3
The main thing is that behind strict adherence to etiquette there is no hidden disrespect or ill will towards people. If etiquette has a purely external form, divorced from its moral content, and a strictly canonized character, it will turn into an official form of hypocrisy.

2. Characteristics of the characteristics of a lawyer’s professional etiquette

2.1. Appearance as an integral part of a lawyer’s professional etiquette

There is a proverb: “You are greeted by your clothes, but you are seen off by your mind.” It directly relates to the aesthetic culture of a lawyer, expressed in his appearance. The appearance of an investigator, prosecutor, or judge has a significant impact on citizens’ attitudes towards them. The famous lawyer A.F. Koni advised: “You should dress simply and decently. There should be nothing pretentious or flashy in the suit (sharp colors, unusual style). A dirty, sloppy suit makes an unpleasant impression. This is important to remember, since the psychological impact on those gathered begins before the speech, from the moment of appearance before the public” 4 .
Often, the investigator fails to establish contact with a person precisely because of the initial antipathy caused by his appearance: unkempt clothing or clothing that does not correspond to business relations; unpleasant manners.
At the first meeting, the lawyer is assessed from the point of view of perception of the characteristics of his behavior and appearance. Based on this assessment, the lawyer can be given a unique characteristic, both positive and negative.
A lawyer must have a sense of beauty. He cannot help but take into account the impression he makes on people with his appearance. In clothing, he should give preference to business style. In contact with clients and colleagues, everything is important: facial expression, smartness, cut nails and hair, clothing, its condition, the ability to feel free in it.
In a socially heterogeneous society, a lawyer has to communicate with people who differ in their financial situation, but he must make a good impression on everyone, be the embodiment of law and justice.
It is impossible to develop a list of recommendations regarding, for example, a lawyer’s clothing or hairstyle. Each lawyer creates his own image. The main thing is that he is guided by a sense of proportion and the awareness that he is a representative of the state for all those who turned to him for legal assistance.
For certain categories of legal workers (internal affairs bodies, the prosecutor's office, the Constitutional Court of the Russian Federation, etc.), standards of appearance have been established when performing official duties - they are required to wear a special uniform.
Federal Constitutional Law of July 21, 1994 No. 1-FKZ “On the Constitutional Court of the Russian Federation” 5 (Article 114) established the dress code of a judge of a constitutional court. He must wear a robe when performing his duties at a meeting of the Constitutional Court.
Decree of the Government of the Russian Federation of March 25, 1996 No. 352 “On approval of the standards for issuing and describing insignia and uniforms for prosecutors, investigators, scientific and teaching workers with class ranks” 6 approved descriptions of insignia and uniforms for prosecutors, scientific and teaching workers who have class ranks, standards for issuing and terms of wearing uniforms for prosecutors, investigators, scientific and teaching workers who have class ranks.
Employees of the prosecutor's office are issued uniforms.
For employees of the prosecutor's office with a class rank, shoulder straps are the insignia. They are worn on a coat, raincoat, jacket, and overshirt. At the corners of the collar, in addition to the top shirt, a departmental emblem 2.5 cm high and 2 cm wide is placed. For persons holding class ranks from full-time state counselor to state councilor of justice 3rd class inclusive, the emblem is gilded, embroidered, 2.9 cm high, 1.8 cm wide, bordered with gilded embroidery in the form of laurel leaves.
The headdresses have a cockade with the State Emblem of the Russian Federation. The State Emblem of the Russian Federation is golden in color with ruby red and blue enamel framed by oak leaves. The height of the emblem is 5 cm, the width of the oval is 5.2 cm. Two metal legs are welded on the reverse side. The cockade is fixed in the center of the cap (cap) or on the forehead of the cap.
Emblems, cockades, stars large and small, buttons large and small, filigree, straps are issued in quantities corresponding to the number of items of uniform, taking into account the period of wear.
The deadline for the issuance and wearing of uniforms for prosecutors, investigators, scientific and teaching workers with class ranks has been established. It was approved by Decree of the Government of the Russian Federation of March 25, 1996 No. 352 “On approval of standards for issuing and describing insignia and uniforms for prosecutors, scientific and teaching workers with class ranks.”
In accordance with the Decree of the Government of the Russian Federation of October 13, 2011 No. 835 “On uniforms, insignia and standards for supplying clothing to employees of internal affairs bodies of the Russian Federation” 7 employees of internal affairs bodies of the Russian Federation wear uniforms in accordance with the special ranks assigned to them.
Uniform is a set of clothing and footwear (uniforms) unified by a set of essential external features, as well as equipment intended to be worn by employees.
The essential features of uniforms include: the combination of design, uniform color and distinctive elements of established colors (piping, stripes, cap bands and gaps on shoulder straps); fittings of established samples; shoulder straps of established types (samples).
Clear regulation of the wearing of uniforms by employees of internal affairs bodies is provided for by Order of the Ministry of Internal Affairs of the Russian Federation of August 22, 1995 No. 326 “On measures to comply with the rules of wearing the established uniform by employees of internal affairs bodies and military personnel of internal troops” 8.
In accordance with Order of the Ministry of Internal Affairs of the Russian Federation dated December 24, 2008 No. 1138 “On approval of the Code of Professional Ethics for Employees of Internal Affairs Bodies of the Russian Federation” 9 (Article 18), a decent appearance of an employee ensures the moral right to self-respect and helps strengthen citizens’ trust in internal affairs bodies affairs, influences the behavior and actions of people.
An internal affairs officer should:

When meeting, employees in uniform greet each other in accordance with the requirements of the Drill Regulations of the Armed Forces of the Russian Federation.
When performing official duties in civilian clothes, it is allowed to wear a suit (dress) and shoes of a strict business style, in a soft color, emphasizing the neatness and neatness of the employee.
An employee in uniform is not recommended to: visit markets, shops, restaurants, casinos and other shopping and entertainment venues, unless it is related to the performance of official duties, as well as carry bags, packages, boxes and other household items.
A male employee should always have a neat haircut, carefully shaven, neatly and tastefully dressed, and may use perfume sparingly.
Female employees are advised to wear formal business attire, maintain modesty and reasonable sufficiency in the use of cosmetics and jewelry.
An employee is not recommended to grow a beard, long sideburns, shave his head, or wear jewelry with the exception of a wedding ring.
An employee should not get tattoos, wear piercings, mix uniform and civilian clothing, keep his hands in his pockets, wear uncleaned or worn-out shoes, or wear uniforms that have lost their proper appearance.
It is unacceptable for an employee to wear insignia, insignia, honorary titles, or uniforms of public associations that have a similar name or external resemblance to state awards and titles.

2.2. Speech etiquette of a lawyer

The speech behavior of a lawyer has the following features:

A lawyer’s speech behavior must comply with the following rules:

The ethical essence of a lawyer’s speech etiquette finds its specific and concentrated expression in judicial speech.
The content of the trial is determined by law. However, due to the fact that judicial debates represent a struggle of opinions, a procedural competition of parties whose interests usually do not coincide, this process must comply not only with the requirements of the law, but also with morality.
In addition to the ethical requirements enshrined in the law, there are a number of rules developed by judicial practice, which are adhered to not only when making speeches, but also during the entire trial.
Let us formulate some of these rules. Participants in the proceedings:

The moral significance of judicial debates lies in the fact that they should contribute to the moral education of the defendant, victim, witnesses, other persons involved in the case, as well as the public present in the courtroom.
People who are entrusted by law with the resolution of social and interpersonal conflicts bear increased moral responsibility for their words, actions and decisions. It is no coincidence that teacher A.S. Pushkin-lyceum student lawyer A.P. Kunitsyn, in a speech to lyceum students, called on “above all else to honor the laws and observe them.” When preparing “to be guardians of the laws, learn, first of all, to honor them yourself: for a law broken by its guardians has no holiness in the eyes of the people.” The prosecutor, delivering an indictment, performs the function of criminal prosecution. He is the prosecution and is obliged to perform his accusatory function objectively. A.F. Koni characterizes the prosecutor in the post-reform Russian trial as a publicly speaking judge. Having become convinced of the guilt of the defendant, taking into account everything that speaks in his favor, the prosecutor declares this to the court and does this with the calm dignity of his duty, without pathos, indignation and persecution of any other reason than justice, which is achieved not by the court’s indispensable agreement with the arguments accuser, but by indispensable listening to them.
Koni believed that “in a court hearing, our prosecutor is placed in a position that can be the envy of any foreign legislation.”
All conclusions of the public prosecutor and his opinions proposed for consideration by the court must be based on the law and the factual circumstances of the case proven during the judicial investigation. Legal assessments must be proportionate to the established facts and the rules of the applicable law. In other words, the prosecutor must be fair both in law enforcement and in the actual moral aspects of this principle. The behavior of the public prosecutor and his position as a whole must be based on moral standards and comply with them. The prosecutor protects the interests of society, acts on behalf of the state, but at the same time he is called upon to protect the legitimate interests of the defendant, his dignity. A.F. Koni wrote that the prosecutor, fulfilling his difficult duty, serves society. But this service will only be useful when strict moral discipline is introduced into it and when the interest of society and the human dignity of the individual are protected with equal sensitivity and zeal.
Thus, the main thing that determines the moral characteristics of the entire speech of the prosecutor-prosecutor is the compliance of his position with universal simple moral norms and the essence of the case, the legal and moral justice of the conclusions that he presents to the court. A prosecutor who insists, for example, on convicting a person whose guilt in a crime has not been proven is acting immorally.
In his speech, the public prosecutor sets out the factual circumstances of the case as they were established as a result of the judicial investigation. He claims that the defendant committed certain acts that determine his guilt, or makes adjustments taking into account the results of the judicial investigation, and if there are grounds, he declares a refusal of the charge. The legal and moral duty of the prosecutor is to be as objective as possible in formulating conclusions proposed to the court about what, in his opinion, the defendant is guilty of. The prosecutor is obliged to drop the charge if it is not confirmed during the trial. The prosecutor makes clarifications to the charge in its factual part in accordance with what has been proven in court.
In an indictment speech, the central place is occupied by the analysis of the evidence examined at the trial and the substantiation of the conclusion about the provenness or unprovenness of the accusation. The prosecutor has a moral and legal duty to prove the charge brought by the prosecuting authority. He must fulfill this duty during judicial debates. It is implemented in the form of an analysis of evidence, arguments on the merits of their content, reliability, sufficiency, and not through general statements and statements.
In the prosecutor's speech, a characterization of the defendant's personality is given, based on the facts established in court. This characteristic must be objective. The prosecutor does not have the right to remain silent about the positive moral character of the defendant, his previous merits, or behavior that may serve to mitigate responsibility. Information from the defendant's biography can be used only to the extent that it relates to the crime and the possible punishment 12.
In speech, of course, ridicule of the defendant, rudeness, offensive characteristics, as well as statements about the defendant’s appearance, his nationality, faith, and physical disabilities are unacceptable.
When characterizing the defendant, the prosecutor must proceed from the fact that the latter is subject to the presumption of innocence. The defendant may be acquitted and the conviction overturned. Therefore, assessments of the qualities of the defendant as a person must be based on indisputably proven facts and not go beyond what is of legal significance.
Attempts to influence judges with references to the possible impact of a lenient sentence on the state of crime, etc., do not correspond to moral standards. F. Koni, speaking out against “intimidation of jurors by the consequences of an acquittal,” cited colorful cases from the practice of those years. One smart provincial prosecutor in a case involving a gang of horse thieves, objecting to the defense seeking an acquittal, said: Well! Justify! Your will! But I’ll tell you this: I look out the window and see in the yard your horses and chaises, carts in which you are gathered... to go home. Well! Justify it: you’ll leave on foot!”
The prosecutor's speech may use irony, but humor has no place in the courtroom, where very serious cases are discussed, where the talk is about the grief caused by the crime.
The lawyer in his speech confronts the prosecution in adversarial proceedings. His participation in judicial debates is subject to certain moral principles. The main thing in the morally justified conduct of defense in general, in the content and construction of a defensive speech, is the ability to correctly determine one’s position, based on legal and moral guidelines. The main difficulty is that the moral side of legal practice is invariably ambiguous. In fact, if an obvious villain is convicted, the public's sympathies must be on the side of the prosecution. At the very least, the figure of a lawyer looks strange, who, without shame or conscience, playing on feelings and eloquence, begins to whitewash what has long been blackened. By protecting a person before the law, does he not come into conflict with the law itself?
A defense attorney may only use legal means and methods of defense. Speaking on the side of a person accused of violating the law, the defender himself must strictly observe the laws and use only legal means. The defender has the right to use only morally permissible methods of defense. In particular, he does not have the right to lie to the court, to incline the court to half-truths and untruths, even if this was beneficial to his client. A lawyer not only does not have the right to lie, not only does he not have the right to use artificial, contrived, falsified evidence, he also has no right to insincerity, no right to hypocrisy.
When defending a specific person against charges of a crime, a defense attorney cannot justify the crime itself. A.F. Kony, in his time criticizing the vices of the legal profession, wrote about fair concern in connection with cases when the defense of a criminal turned to justify a crime, and, skillfully perverting the moral perspective of the case, forced the victim and the perpetrator to change roles 13.
It is important to understand that in court proceedings there is a competition not between the prosecutor and the defense attorney, but between the prosecutor and the defense attorney, on the one hand, and the defendant, on the other. A “touching unity” is created between the prosecutor and lawyer.
Recent judicial practice, according to experts in this field, proceeds from the fact that the defense attorney’s recognition of the defendant’s guilt, when the latter denies it, means a violation of the right to defense, the obligation of the defense attorney to use all legal means and methods of defense, and not to act to the detriment of the accused.
As for the moral side of such a decision, here we have to follow the path of moral choice in conditions of moral conflict, when compliance with one norm entails a violation of another. But preference should still be given to the moral obligation to protect another person from accusations, who has entrusted his fate to a lawyer and hopes for his help to the end. And let the accusation be supported by the one to whom it is due. Of course, the defense lawyer in this difficult situation must use even the slightest opportunity to refute the accusation at its basis, as well as present to the court considerations about the facts proven in the case that speak in favor of the defendant, positively characterize his personality, etc. It must be taken into account that the very position of the defendant, who consistently insists on his innocence, may give rise to doubt about the fidelity of the accusatory version, which the defense lawyer has the right to use in his argumentation.
The speech of the defense attorney clearly demonstrates the humanism of the profession of lawyer and his mission performed in court. He seeks to help a person who, albeit through his own fault, is in trouble, or someone who is not at all guilty, but may be convicted by mistake as a result of an uncritical attitude towards an unfounded accusation. The accused who has appeared in court has not yet been convicted. The defense attorney, more than other participants in the trial, is obliged to respect the dignity of the defendant, spare his pride and speak in his defense, including when delivering his speech. The defender, in the words of A.F. Koni is a “friend, advisor” to the accused.
The speech of the defense attorney should present to the court in a concentrated form all the positive things that characterize the personality and behavior of the defendant. All circumstances mitigating liability established in the case must be clearly and convincingly noted in the speech, and circumstances aggravating liability, proven doubtfully, must be assessed accordingly. When characterizing the defendant, one must not allow exaggeration and, contrary to the facts, assert about the defendant’s non-existent virtues. This can create distrust in the speech and position of the defender in general.
It is unacceptable for a lawyer to build a defense in his speech on the basis of emphasizing the negative aspects of the victim’s personality, his negative moral qualities. Moreover, it is impossible to humiliate the dignity of the victim. If the actions of the victim actually contributed to the commission of the crime, provoked it, and this has legal significance, then this circumstance can and should be highlighted in the speech of the defense attorney. But at the same time, one should always remember that the victim is the victim of a crime, and the one who is accused of causing him harm, grief, and moral suffering is judged.
In a defense lawyer’s speech, one cannot use arguments whose inconsistency is obvious. Deception, lies, deliberate distortion of facts deeply
etc.................

The basis of successful communication. The dynamics of life contribute to the emergence of conditions that require rapid response in the process of interpersonal interaction, therefore speech development among lawyers, is a necessary condition development professional skills of a lawyer. However, there is often a need for recommendations on improvement of lawyer's speech, dialogue programming, . We will offer a method of establishing contact that will improve your professional speech of a lawyer and will increase the efficiency of communications.

Method of establishing contact

The proposed methodology is aimed at creating an atmosphere of trust and is therefore acceptable for business communication. It will be especially effective with repeated interpersonal communication. So this technique can be used to be able to.

Methodology for improving the lawyer’s speech culture We recommend using it in relationships with business partners, clients, and employees.

For practical use of the technique, follow advice for a new lawyer:

You must go through all phases of contact. Since a delay at any stage leads to the “ossification” of the relationship. In this case, even a well-placed lawyer's speech will not convince the client.
The transition to the next stage is possible after you have seen signs of the next stage.
Try to get your conversation partner to respond. Don't give him a passive role.

Having mastered the conversation technique, your lawyer's speech will move to a new level of communication. The technique involves going through five stages:

Remove psychological barriers
Find common interests
Highlight the principles of communication
Identify qualities that are dangerous for communication
Adapt to your partner and establish contact

Compliance with the sequence of stages is important for establishing contact, psychological impact, and at the same time improving the lawyer’s speech culture.

Removing psychological barriers

During a conversation, the lawyer and the interlocutor expect certain actions from each other. This is what influences them speech. It is worth noting that when communicating with a lawyer, the interlocutor often initially has a psychological barrier, so lawyer speech development is a necessary condition for successful communication. After all, depending on how correct speech from a lawyer overcoming this barrier will depend. We can say that the best method here is to express your approval to your interlocutor and generate a positive reaction on his part. After all, consent is a desirable phenomenon that does not contain elements of conflict. That is why tension must be relieved through a literate culture lawyer speeches.

For a positive conversation speechlawyer must comply with the two principles of the first stage - removing psychological barriers and reducing tension, which are combined into one function, which can be called preparing the basis for subsequent contact. The main factors of the first stage can be divided into negative and positive.

Positive - factors that cause approval from the clientele.

Stand out:

a) frequency of agreements:

b) their reciprocity and coincidence;

c) the order of consent of both parties.

The negative factor is immediate alertness, which determines the emergence of barriers.

When the interlocutor hears that you agree with him, with his point of view, he will perceive this as success. The frequency of agreements of this kind reinforces the style of communication. Consistency of agreement will create a state of satisfaction in the interlocutor with his actions - both his own and yours.

One of the principles of communication should be to choose a neutral topic for conversation, such as the weather. At the same time, in the correct lawyer speeches there must be an assessment of such problems with which one cannot but agree. As a rule, these are judgments common to a certain group.

Thus, the main task of competent lawyer speeches- exclude moments that cause tension, a psychological barrier. The lawyer must try to agree with the statements of the interlocutor and obtain his consent.

You can claim that your lawyer's speech and you have passed the first stage if:

a) pauses after questions become shorter:

b) the interlocutor’s own messages begin to dominate, involuntary explanations and additions to what has already been said arise;

c) the number of monosyllabic answers and reactive questions (question to question) decreases.

Results of the first stage: Through competent speech lawyer ensures that the tension of the initial relationship is replaced by relaxation. The overcontrol inherent in the initial phase of a relationship is first replaced by observation of the development of the relationship, and then involvement in communication along the lines of agreement. Anxiety and tension are reduced.

Finding Overlapping Interests

Through the right speech culture lawyer must find common ground that will become the starting point for the formation of mutual understanding with the interlocutor. The basis of this stage is the search for coincidences: common hobbies that will unite the lawyer and the client. At the same time, unity in assessments is important. Lawyer's speech when talking on an abstract topic, it should eliminate differences in social status. This further helps reduce the distance.

Now the basis for unification has already been built and you can move forward together with your interlocutor. At the same time, we developed primary teamwork skills. The main function of the second stage is through lawyer speeches get positive emotions. Shared experience forms the basis for the first meeting of opinions. At the same time, there is an understanding of what is happening in the client’s soul.

In the future, a lawyer will take this as a springboard for recognizing a state of satisfaction. This is also the basis for analyzing the results of your speech influence.

Thus, lawyer's speech during the conversation should correspond to the following pattern:

build a reasoning
elicit agreement from the client on issues of common interest
evoke emotions, study behavioral patterns

Maintaining a general theme is important, as it will partially absorb the other person's consciousness. He will try to continue the conversation while removing negative emotions. The fundamental point in this case is the focus on common interest. Wherein lawyer's speech must take a passive role in this process.

Try to find a common interest and make it dominant. If a common interest is not found, then try to find out what the interlocutor does and where he succeeds. To have more impact, don't exhaust a topic, keep it alive. Because the exhaustion of the topic will cause the fading of emotions.

When a lawyer says speech, he can use the following methods:

"Increasing" method. At the beginning of the conversation lawyer's speech may be outwardly indifferent to the interlocutor’s remarks. Next, at a certain point, begin to be intensely interested in the judgment of your interlocutor. In the future, show increased interest in the communication process.

The “Detailing” method is based on increased interest in the details of the conversation with requests for clarification.

"Switching" method. This method consists in the fact that statements on a general topic increasingly include individual parts of another problem, to which you “switch” your interlocutor. This will provide an opportunity to disperse emotions on any topic needed by the lawyer.

Signs that lawyer's speech at the second stage the correct one:

a) found one common theme

6) return to it periodically

c) use words common to the topic

d) the ability to pick up a conversation after a few phrases

d) during a conversation, memories come up

Results of the second stage. Correct lawyer's speech should evoke a desire to continue rapprochement. After all, strongholds have already been created for possible interaction and repeated invocation of positive emotions.

Defining communication principles

At the last stage, the lawyer was looking for a foundation to start a conversation. In the third step, demonstrate your professional skills. This will cause a response from the interlocutor. Speech It’s about those qualities that are the basis of communication: focus on directness and honesty. The basis of communication at this stage is the idea of your positive qualities. Lawyer's speech should extinguish negative emotions that could harm the conversation.

This is the regulation of behavior. When highlighting your shortcomings, make fun of them. Lawyer's speech suggests a slightly ironic style of communication, show that you are inclined to calmly resolve the problem, but this depends on the situation.

At this stage lawyer's speech must comply with the following principles:

"Readiness." Opportunity to listen to any client message.

“We’ll answer the message about ourselves.” Communication must take the form of dialogue.

"Gradual revelation of one's qualities." All your qualities must be developed gradually, otherwise a negative opinion may be formed about you.

"Avoid". Never draw premature conclusions about a client or label him.

In other words, your goal is to obtain the necessary, complete, reliable information necessary for quality work. Lawyer's speech should also inspire confidence in the client that he is being listened to. For example, you can say: “You find your bearings quickly.”

Also lawyer should in no way try to catch the interlocutor in inaccuracies or expose fabrications. It is more rational to lead the interlocutor in advance to the need to tell the truth.

That is why in lawyer speeches there must be a degree of expression of such human qualities as directness, decisiveness and frankness.

Tactical techniques in a lawyer’s speech:

“Formulation of what has been accepted.” Periodically formulate the information that the interlocutor is focusing on out loud. This will create a positive mood.

"Summing up." Summarize what was said earlier and highlight the main points.

"Assimilation". Achieve identical understanding of individual points. For example, ask, “Do you agree that people should be honest?”

Signs that lawyer's speech correct:

the appearance of the first mentions of the qualities inherent in human communication;
highlighting your own qualities and properties;
manifestation of cliches of behavior (for example, frequent utterance of the same words: “frankly speaking”, “I’ll tell you straight”;
a story about typical habits and preferences;

Stage results. Through the right lawyer speeches an idea of the qualities necessary for a conversation is created. At the same time, negative qualities are hidden. “Inhibition” of negative qualities leads to the fact that they “turn off and do not play a major role in communication. Lawyer's speech should lead the client to a “sense of mutual understanding.” The lawyer and the interlocutor receive an attitude towards accepting the qualities. This is what influences the activation of communication.

Identifying qualities that are dangerous for communication

After the lawyer has decided on the principles of communication, he must identify the negative qualities of the interlocutor that may arise during the conversation. For example, habitual behavior patterns. Usually every person has something to hide. These qualities must be taken into account in order to properly build speech to lawyer. So, the main goal of this stage is to get the other side of the personality and draw up a complete portrait. The lawyer’s task is to determine the possibility of the strength of manifestation of negative qualities relative to positive ones. Thus, the interlocutor’s speech will become predictable.

The main principle of action should be a comparison of the interlocutor’s words about the qualities that he adheres to in the conversation and his actions. The lawyer must also take into account the basics of the client’s facial expressions and gestures, his behavior, and voice intonation. The basis of the mechanism that makes it possible to identify hidden qualities is the recording of a sudden deviation from the usual style of behavior. For example, the client shows unusual intolerance and interrupts you. Deviation from usual behavior is due to the fact that self-control weakens at the fourth stage, so the most powerful qualities manifest themselves.

To lawyer's speech was correct adhere to the following principles:

"Initiative". Take the initiative, start talking first about your weaknesses and negative qualities.

"Openness" Once you have established a long-term relationship, you can demonstrate a willingness to open up.

"Equivalence". Provide as much information about yourself as is necessary to assess your professional qualities.

At this stage, doubts are allowed; a lawyer’s objections regarding the problem are possible.

Lawyer's speech should gradually bring us closer to the problem of the interlocutor’s hidden qualities, however lawyer's speech should not alert the client and make him withdraw. The main thing is not to report habits that can negatively affect the conversation; try to control yourself and be restrained. It is important to emphasize the exclusivity of the interlocutor’s behavior style. In this situation, the interlocutor will try to make adjustments to his image if he has the wrong idea.

So, at this stage in lawyer speeches allowed:

controversy, but not condemnation
emphasizing a trusting relationship with the client

At this stage, the lawyer may come across a trick. He may be asked to comment on the negative qualities of another person. The lawyer should walk away from the conversation. For example, “I consider such statements unprofessional.”

If the interlocutor avoids the conversation, lawyer speeches The following techniques can be used:

“Expressing doubts” During a conversation, doubts about what was said are allowed if behavior has changed.

"Comparison of contradictions." To encourage conversation, point out the contradiction in words.

“Diagnostic questions. These questions encourage the expression of opinions regarding the issue. Questions should be sudden. This will cause less alertness and a quicker reaction.

"Challenging controversy." Start some petty argument. You will be able to see ways to protect your interlocutor.

"Relaxation". Distract on an unrelated topic.

Signs that lawyer's speech has an impact:

Expressing doubts about a previously discussed topic;
Please provide more information
The desire of the interlocutor to change your opinion about him
A kind of self-blame. "I was wrong"
Abstract stories about yourself
Anticipatory objections. "You think I don't know enough"
An attempt to force a discussion

Thus, with the help of grammatical speech, the lawyer reveals the negative qualities of the interlocutor. Thus forcing him to adapt to himself. In the future, this will help to avoid the manifestation of negative qualities.

Adaptation to a partner and establishing contact

At this stage, the relationship becomes clear. Since the lawyer has already identified the shortcomings and advantages of the interlocutor, he has found ways to influence him.

It is especially important to fulfill the assigned role that the interlocutor expects from you. At the same time, personality characteristics must be optimal from the point of view of others and adaptive. When communicating, use buffer phrases: “Don’t be surprised or outraged by what you’re about to hear.”

By adapting to your interlocutor, you will influence his behavior and strengthen those qualities that ensure effective interaction. Wherein lawyer's speech should be based on the principle of “common destiny”. Its essence lies in the fact that the exchange of information and emotions during the previous stages itself creates a common product of activity, the owner of which is both interlocutors. This promotes intimacy and provides impact. A lawyer’s speech should be limited to conducting an equal dialogue. Use anything that will help alleviate the other person’s concerns.

Basic techniques in lawyer speeches:

"Primary actions". If negative qualities arise, mitigate the situation.

“Indication of a quality that requires regulation” is designed to challenge the motivation of behavior “Knowing your impatience, I still ask you to be patient, since this is necessary for an effective solution to the problem.”

“Emphasising and affirming the resulting compatibility.” Challenge the interlocutor's initial compatibility. For example: “We successfully resolve problems together, let’s peacefully discuss the current situation.”

“Appealing for a sonnet” Arousing the interlocutor’s interest in solving a common problem

It is at the last stage of communication that it becomes possible to check the correctness lawyer speeches. Only now can you see the trusting attitude and evaluate the personality of the interlocutor. A significant result of the last stage will be the ability to resolve the issue according to your scenario. But this will happen at the initiative of the interlocutor.

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The term “ethics” comes from the ancient Greek word “ethos” (“ethos”). Initially, “ethos” meant a habitual place of living together, a home, human habitation. Subsequently, it began to denote the stable nature of a phenomenon, disposition, character. Starting from the word “ethos”, the ancient Greek philosopher Aristotle in the 4th century. BC e. formed the adjective “ethical” in order to designate a special class of human qualities - justice, courage, honesty, moderation, wisdom, etc., which he called ethical virtues. Aristotle called the philosophical doctrine, the science of ethical virtues, ethics.

To accurately translate the Aristotelian concept of “ethical” from Greek into Latin, the ancient Roman philosopher Cicero (106 - 43 BC) constructed the term “moralis” (moral). He derived it from the word “mos” (plural - “mores”) - the Latin equivalent of the Greek “ethos”. Cicero, in particular, spoke of “moral philosophy,” meaning by it the same field of knowledge that Aristotle called ethics. In the 4th century AD In Latin, the term “moralitas” (morality) appears, which is a direct analogue of the Greek term “ethics”.

Both of these words are included in modern European languages. Along with them, a number of languages have their own words that denote the same reality, which is summarized in the terms “ethics” and “morality”. The concept of “morality” appears in the Russian language. From the word “character” the adjective “moral” is formed and from it the new noun “morality”.

In their original meaning, the words “ethics”, “morality”, “morality” had the same content. Over time, the situation changes. In the process of cultural development, as the uniqueness of ethics as a field of knowledge is revealed, different meanings begin to be assigned to different words: ethics means the corresponding branch of knowledge, teaching, and morality means the subject studied by it. In everyday usage this difference in meaning is not always taken into account. In particular, when talking about the ethics of a teacher, doctor, engineer, economist, etc., we mean the specifics of their morality.

Therefore, “professional ethics” is a term used to designate a system of professional moral standards (for example, “professional ethics of a lawyer”).

Professional ethics is determined by the characteristics of some professions in which people perform the same functions, develop special traditions, unite on the basis of professional solidarity, and maintain the reputation of their professional group.

Professional ethics is a set of moral standards that determine a person’s attitude towards his professional duty. Professional ethics is important primarily for professions whose object is a person. Representatives of these professions are in constant communication with other people, connected with moral relations, which exist in the “moral codes” of people. These are the ethics of a teacher, a doctor, a judge.

The ethics of a doctor is to do everything for the sake of the patient’s health, to maintain medical confidentiality.

Pedagogical ethics obliges us to respect the student’s personality and show due demands towards him, maintain his own reputation, and take care of the moral trust of society in the teacher.

The ethics of a scientist are the requirement of selfless service to the truth and tolerance of other opinions.

The ethics of a military man obliges him to selflessly serve the Motherland, take care of his subordinates, and protect the officer’s honor.

Society places increased moral demands on certain types of professional activities. This is the profession of a lawyer.

Legal ethics is determined by the specifics of the lawyer’s profession, the peculiarities of his moral and social position.

The basis of the professional ethics of lawyers is the principles of respect for the rights and freedoms of man and citizen, legality, humanism, and transparency.

The activities of a judge, prosecutor, and investigator are of a state nature, since they are officials, representatives of government, exercise authority, and their actions and decisions affect the rights and interests of citizens. So, lawyers must have a heightened sense of duty, responsibility for their actions, actions and decisions. They must obey the law and be a model of the rule of law themselves. A feature of a lawyer’s activities is the transparency of its implementation and results. Even the investigator, although he conducts the investigation under conditions of non-disclosure of investigative data, but everything that he has collected in the criminal case becomes the property of a public court.

All moral requirements apply to the behavior of a lawyer in the sphere of official and in everyday non-official activities.

For example, a judge does not have the right to disclose the secret of a meeting of judges in any form; a lawyer who has learned from the defendant that it was he who committed the crime in conditions where the defendant falsely insists on his innocence at trial does not have the right to act as a witness against the defendant.

Legal ethics can be called the moral code of lawyers of various specialties: judges, prosecutors, lawyers, investigators, legal advisers, notaries, employees of the Ministry of Internal Affairs, bailiffs, legal scholars. At the same time, it is quite legitimate to talk about the varieties of legal ethics: the ethics of a judge, prosecutorial ethics, investigative ethics, the ethics of a lawyer, a legal adviser, a notary.

The generally accepted norms and rules of conduct for a lawyer include: politeness and tact, simplicity and modesty, honesty and truthfulness, openness and straightforwardness, generosity and magnanimity, sensitivity and responsiveness, moral purity, mutual assistance, mutual respect and other community norms, without which normal existence is impossible. society.

A person’s moral character is judged not only by his appearance and demeanor, but also by his ability to speak competently and express his thoughts. Speech culture is an integral part of legal ethics and the general culture of a lawyer, which presupposes the ability to accurately and expressively convey one’s thoughts, knowledge of the norms of language, and its expressive capabilities.

A culture of speech is, after all, a culture of thought. To write and speak well, you must first think correctly.

A lawyer should remember that his speech, whether speaking from the podium, talking at his desk, communicating with subordinates or colleagues in a casual conversation, in a public place, fully reveals his personality, intellect, and psychological state.

The lawyer’s speech must meet the following requirements:

Be grammatically and literary literate;

Be precise, clear, concise and understandable;

Be expressive, emotional, imaginative;

In a conversation, a lawyer must carefully select his words and take into account their psychological impact. It is better to use those words whose meaning is clear;

Facial expressions and gestures should be restrained, clear, spare, unobtrusive and consistent with the content of the speech.

The most attractive manner of speech in communication is characterized by smoothness, regularity, ease and, of course, the absence of shouting. When a person is easily confused by shouting, this is a sure sign that he does not know how to control himself.

Thus, a lawyer’s speech, being the most important means of interaction between people, plays a significant role in the communication process and is largely determined by the level of education, culture, morality and intelligence of a person.

Speech culture and professional ethics of a lawyer presuppose knowledge and mandatory use of speech norms etiquette.

Etiquette (from the French étiquette - label, inscription) - rules of behavior of people in society, supporting the ideas of a given society about what is appropriate. In its modern form and meaning, the word was first used at the court of King Louis XIV of France - cards (labels) were distributed to guests stating how they should behave.

Speech etiquette is understood as a microsystem of nationally specific stable communication formulas accepted and prescribed by society to establish contact between interlocutors and maintain communication in a certain tone. Such stable communication formulas, or stereotypes, of communication are typical, repeating constructions used in high-frequency everyday situations. That is, a set of typified frequency situations leads to the emergence of a set of speech means serving such situations. The degree of standardization of a unit is directly dependent on the frequency of its use.

A lawyer must observe certain language and speech etiquette, norms of public speech culture, ethics and writing culture. It is clear that he can achieve this if he has the proper cultural level.

Verbal communication involves the use of speech with its rich phonetics, vocabulary, and syntax. Speech- the most important tool of professional communication, the form of existence of language that functions and is directly manifested in it. The main functions of language and speech are:

– a thought-forming function that connects a word, a sentence with images of consciousness, with thinking, due to which a thought is formed and expressed with the help of language and speech; that is why speech is an instrument of thinking;

– a communicative function that determines the transfer of knowledge, thoughts, feelings in the process of communication between people, in the course of establishing contacts between them;

– a pragmatic function, or a function of the control influence of dialogue participants on each other, which manifests itself in the fact that speech is very often aimed at programming certain actions of the interlocutor;

– a regulatory function that organizes a person’s own processes, emotional states, actions, i.e. speech serves as a means of regulating (organizing) a person’s own mental processes.

In psychology there is a distinction internal And external speech. Inner speech should not be viewed in a simplified manner, in the form of pronouncing individual words or phrases “to oneself.” It is a more complex process that prepares a detailed speech utterance. External speech has oral or written form.

In the simplest form oral speech is affective speech consisting of individual exclamations and habitual speech cliches. The motivating factor of such speech is the speaker’s affective tension. It often lacks a clear plan, a conscious motive. Therefore, by analyzing such affectively charged statements, one can to some extent judge the mental state of a person. In some cases, such phrases may also have a fictitious nature, when a witness, for example, tries to mislead the investigation or the court regarding his true emotional state, his actual attitude to what is happening.

Most common oral dialogical speech is the main type of speech used in the process of communication of an investigator, judge, prosecutor, lawyer with participants in criminal and civil proceedings, various officials, and other persons.

A special type of oral speech is monologue speech, which is a detailed presentation of a person’s system of views, thoughts, and knowledge. Monologue speech, as a rule, has a clear intention. Usually it is prepared in advance.

Another type of external speech is written speech is the most complex type of monologue utterance, requiring precise knowledge of the subject of presentation and the correct use of lexical and grammatical codes of the language.

In criminal and civil proceedings, written monologue speech is used in the preparation of procedural documents, which express the position of their compiler, analyze evidence, and set out the motivation for decisions made.

In connection with the clear regulation of the preparation of procedural documents in forensic literature, one can find the term “protocol language” (“protocol style of presentation”). This term means not only a set of special legal terms and concepts, but also certain speech patterns, stylistic rules for drawing up procedural documents, and their mandatory details.

A significant impact on the quality and completeness of speech is exerted by the state of emotional tension in which a person is summoned by law enforcement agencies and is in the courtroom.

The distorting effect on the speech of the interrogated person is exerted by his unconscious desire to think in the same way as the investigator thinks and reasons out loud - a phenomenon called verbal rigidity. Therefore, the investigator needs to ask clarifying questions, resorting to conveying the meaning of what was said using other figures of speech, words in the form of so-called periphrases.

By the manner of speech behavior one can judge the individual psychological characteristics of a person, his upbringing, development, thinking characteristics, mental state, character, mental abnormalities or mental disorders.

Speech behavior has its own characteristics in a criminal environment, in which criminal jargon is common. Using criminal jargon, one can study both the personality psychology of an individual criminal, his membership in a particular criminal community, and the psychology of specific criminal groups.

Features of a lawyer’s speech behavior directly related to his education, upbringing, social status. Statements by a lawyer in the process of professional communication are often filled with legal concepts and contain speech structures that meet the rules of speech etiquette, which affects the establishment and maintenance of psychological contact and mutual understanding of the parties.

Since a lawyer’s speech has a certain social resonance, it is subject to increased requirements, ignoring which negatively affects his professional authority. That's why A lawyer’s speech should be distinguished by:

Literacy, clarity, accessibility of the meaning of statements for any category of citizens;

Consistency, logical order of presentation, persuasiveness, legal argumentation with references to various facts, evidence, legal norms;

Compliance with moral and ethical rules and standards of behavior;

Expressiveness, a wide range of emotional means of influence: from emphatically neutral speech forms to emotionally expressive statements, accompanied by non-verbal means of influence;

Variability of statements: from an invitation to participate in communication to the use of phrases filled with categorical requirements depending on various communicative situations.

In the course of professional activity, a lawyer needs to constantly improve his speech skills and improve the culture of communication.

Introduction.

Language and speech occupy a special place in the professional activity of a lawyer. After all, a lawyer is a jurist. And law is a set of norms and rules of behavior established and protected by the state that regulate social relations between people and express the will of the state. Forming and formulating legal norms, protecting them in various numerous procedural acts, a lawyer must have an impeccable command of the norms of language and protect them.

The study of the language of laws, procedural acts, and judicial speeches is carried out by two sciences: jurisprudence and linguistics.

Violation of language norms by a lawyer may cause a negative reaction from interlocutors. In addition, every lawyer also acts as a speaker, as a propagandist of legal knowledge, giving lectures; Prosecutors and defense attorneys make public speeches every day in trials, so it is necessary to have public speaking skills.

The relevance of the topic is due to insufficient attention to the language of jurisprudence on the part of lawyers and linguists, which leads to a decrease in the quality of the content of judicial speech and its effectiveness. This fact indicates the reluctance of the judicial speaker to think about the meaning of the words used, his disrespect for language. After all, the high rating of many lawyers is determined by the impression of general culture and intelligence that their speeches leave, impeccable command of the literary language, and the ability to express ideas accurately, clearly, correctly and logically. All these factors are a prerequisite for the successful self-presentation of a judicial speaker. This means that language is a lawyer’s professional weapon. And questions of the lawyer’s speech culture are raised by life itself, by practical necessity.

1. Features of a lawyer’s speech culture.

It is also necessary to talk about a lawyer’s speech culture because legal language is specific. It contains many terms that have special legal meaning, for example: code, smuggling, alibi, motives for the crime, preventive measure, confiscation etc. Some colloquial words are used as terms, such as: squandering, begging, slander; obsolete: act, concealment; verbal nouns not typical for general use: delivery, failure to report, search. Most ambiguous words denote special legal concepts. So, drive unit - forced delivery of someone to the investigative and judicial authorities; persuade - force someone to commit a crime; repayment - termination of a criminal record; episode - part of criminal actions, etc. Therefore, in the language of law there are phrases that are not used outside the legal sphere of communication, for example: organizer of a crime, apply measures, commission of a crime, immoral act etc. This is the most difficult and most interesting of all professional languages.

Usually, the speeches of the prosecutor and lawyer are adversarial in nature and are distinguished by the so-called “judicial wit,” although they should not be devoid of a certain tact and correctness; not only a mocking tone, but even notes of humor or irony are not allowed in them.

Judicial speech is first and foremost oral presentation. It can only function in the form of live spoken language. During the judicial investigation, the judicial speaker makes all amendments and additions to the preliminary outline of the speech arising from the data obtained and verified in the trial. The final work of preparing the speech usually occurs after the judicial investigation. In his speech, the lawyer must take into account and refute the position of the prosecutor and the arguments given by him, therefore the latest additions and amendments to the scheme of the defensive speech are made during the accusatory speech. In judicial practice, it is observed that the text of the speech by judicial speakers, as a rule, is not written in full.

Judicial speech is intended to contribute to the formation of conviction of judges and jurors. To do this, it must, first of all, be understandable by the court, as well as by all listeners. This means that the first necessary quality of judicial speech is clarity. Aristotle pointed out clarity as the main advantage of speech: “The dignity of style lies in clarity; the proof of this is that, since speech is not clear, it does not achieve its goal.” P. Sergeich wrote about “extraordinary, exceptional” clarity at the trial: “... do not speak so that the judge can understand you.”

How is clarity achieved? First of all, deep knowledge of the material, clear composition of speech, logical presentation, persuasiveness of arguments. Clarity is the ability to speak clearly and intelligibly about complex issues. The judicial speeches of the pre-revolutionary lawyer K.F. Khartulari were distinguished by this quality. The court speaker paid great attention to making the presentation understandable. Often intelligibility, or accessibility, is called simplicity. Simplicity of presentation ensures that the speech is easily understood and the judges’ thoughts follow the speaker’s thoughts without difficulty. However, simplicity and primitiveness should not be confused. Simplicity of speech involves the use of both complex syntactic structures and rhetorical techniques. A timely and appropriate comparison, a necessary epithet, a historical example, a proverb or a saying enliven the speech and make it more intelligible. But artificial beauty and pomposity are completely intolerable in judicial speech.

Speech becomes unclear due to unclear knowledge of the case materials and low culture of thinking. A thought, fully formed in the brain, easily finds its exact expression in words; vagueness of expression is usually a sign of unclear thinking.

Quite often, speech becomes unclear due to the use of foreign words and highly specialized terms: A famous person came into her lifeingredient ; or: To my clientincriminated... Especially now, when our lives are replete with foreign words, a judicial speaker needs to monitor their motivated use.

Inappropriate use of pronouns will certainly lead to unclear speech: “ In accordance with”, “the established duration of the victim’s stay”, “I believe that his actions can only be qualified by Article 112 part one”, “since he was treated for less than four weeks.”

The reason for the ambiguity may be verbosity: “ Other testimony was given by Ivanchenko to the effect that it was stolen from him, which means this is the very thing...” “I. Protokova told, here in court, how she discovered the theft in her house, what was stolen from her, and what damage she could not have done.

Creates ambiguity and incorrect word order: While trying to escape, the defendants were detained with stolen items by vigilantes.

Clarity of thought and its verbal expression leads to such quality of speech as accuracy. Accuracy, that is, the correspondence of the statement to the speaker’s intention and the phenomena of reality, is a necessary quality of judicial speech. This is subject accuracy. A judicial speaker must have a good knowledge of the criminal case materials he is talking about. Speech inaccuracies caused by poor knowledge of the subject of speech lead to a negative attitude towards the judicial speaker. Conceptual accuracy depends primarily on the accuracy of word usage, in particular on the choice of synonyms. Notice how accurately the highlighted words characterize situations and people: Easily and freely, moving from subject to subject,chatting wife tells her husband about all the interests of the house(easy, casual conversation); Over morning tea, laughing cheekily, she suddenlyblurted out to my husband: “Do you know? I'm marrying Pistolkors"(frivolous, thoughtless act). Precision is created by the use of legal terms and clichés: motives for the crime, not incentives; to initiate criminal proceedings, rather than start; the case was separated into separate proceedings, and not in an independent way; apply preventive measures, and not accept, etc.

P.S. Porokhovshchikov advised court speakers to remember that one unfortunate expression can distort a thought, make something touching funny, or deprive a significant matter of content. Violation of accuracy leads to the fact that ideas and concepts are distorted. For example, a candidate of legal sciences, arguing in a reputable legal journal about the polysemy of evaluative concepts in criminal procedural law, advocating for the accuracy of word usage, himself inaccurately uses the linguistic term “etymological meaning” instead “lexical meaning”. An analysis of oral court speeches has shown that court speakers often use words without taking into account their semantics, as a result of which the idea is not expressed entirely accurately, for example: On the same day they made a hike, which means they took tools with them and committed theft. In this example the word hike can only be perceived in an ironic sense, which is completely inappropriate here. Please note: using an inaccurate word hike, the speaker makes the following mistake: he introduces an unnecessary word Means, as if wanting to mitigate the error.

These days, instead of the word enough in the meaning “to some extent” the word is often used, especially by young people enough, which means “as much as is needed, as much as is required for something.” Even in the courtroom you can hear: His parents were quite poor or: The city has a fairly high crime rate. How can one determine the sufficiency of poverty or crime? There are cases of judicial speakers mixing up paronyms, resulting in inaccuracy: Crime is on the rise(need: increase, it is better to increase). Inaccuracy is also created by the omission of the suffix – xia in reflexive participles: “Fedorov grabbed the first pipe that came his way and struck.” Even greater inaccuracy arises as a result of careless handling of the negative particle Not(as a result of her omission): The navigator today is responsible for compliance with the direct flight regime established by the rule and the accuracy of aircraft navigation(necessary: for non-compliance and inaccuracy ).

Statements that are clogged with unnecessary, so-called “favorite” words and phrases do not express ideas accurately: Well, that means, in general, that’s it, so to speak, as they say and others. “One,” wrote P.S. Porokhovshchikov, “all you can hear is: so to speak, how to say, in some way, after all; this last word... in itself is far from dissonant, pronounced with some kind of snake-like thorn, another constantly says: well...: the third, between every two sentences, exclaims: YES! - although no one asks him anything.” Because of such words - “weeds”, a clearly formulated thought becomes inaccurate and approximate; the speaker seems to repent of his inability to express himself accurately. In addition, an endlessly repeated word distracts listeners from the content of the speech and makes them want to count how many times the speaker utters his favorite word, which is completely unnecessary. P.S. Porokhovshchikov talks about how the prosecutor, accusing the saddler of unintentional murder, used the word three times in pauses Fine.“I couldn’t help but think,” the author writes, “they killed a man, what’s good about that.” A.A. Ushakov warned about the danger of inaccurate word use: “an inaccurate word in law is a great social evil: it creates the ground for arbitrariness and lawlessness.”

2. Norms of speech behavior of a judicial speaker.

The procedural role of the prosecutor and lawyer in the trial must correspond to their speech behavior. It should be remembered that it is determined by the official situation of communication in judicial debates, the official nature of the relationship between those communicating. Society develops forms of speech behavior and requires native speakers to comply with these rules, adherence to ethics of speech behavior, which is a collection of... models of correct speech behavior. A judicial speaker must carry out a complex operation of selecting into a speech act what is most appropriate for a given communication situation.

The formality of the speech situation in a trial requires the form of address to you. It is unethical when a judge or prosecutor addresses the defendant as "You".

When supporting the prosecution, the prosecutor should be restrained in his words, his conclusions must be thoughtful and fair, and there can be no familiarity, insults, or ridicule towards the defendant. In the following examples, the ethics of the speech behavior of the prosecutor are violated: lies and colloquial words swore, skin in relation to the defendant: He is lying here too, comrades judges, that he did not swear // he did //; Bulakov wanted to save his own skin, forgetting that only a sincere confession could save it.

Violation of speech ethics by a speaker is evidenced by cases when he inaccurately knows names, confuses the defendant with the victim, the victim with witnesses: " Fedorova’s son does not work, does not study, does not do anything socially useful,I'm sorry, not Fedorov, but Moshkin " ; or: " One saidLisin, in my opinion, if my memory serves me correctly, that I was simply curious about what others would do there." The following examples express a disrespectful attitude towards victims: "We talked very carefully and for a very long time about the theftuh, what's her name , Sycheva "; or: "Second episode of theftat this very Chashina, uh, should be excluded."

It is unethical to use foreign words in judicial speech that are unfamiliar to the defendant and those present in the courtroom, since they violate the accessibility of speech, and judicial speech must be understandable to listeners from beginning to end. Look how foreign words add ambiguity to speech: This insinuation caused a very, very violent reaction on the part of the defendant; or: I hope that we can inspire my client that he can still take the path of correction. The prosecutor and lawyer should not relax control over their speech behavior. The improvement of the culture of justice, but first of all, the respect of citizens for the court and the strengthening of the educational impact of trials depends on how respectful the court speaker is to the language and to those present in the courtroom. In conclusion, let us remember the words of A.F. Koni: “The court, in a certain respect, is a school for the people, from which, in addition to respect for the law, lessons should be learned about serving the truth and respect for human dignity.”

Conclusion

The judicial speech is one of the most responsible of all speeches. After all, behind the speech of a judicial speaker there is often not just fate, but the very life of a person. Therefore, the main goal of the speech of the speaker - lawyer - is to influence the court, the jury, the audience by revealing new facts, placing appropriate emphasis and, most importantly, by appealing to the imagination and emotions of the listeners.

The success of a judicial speaker’s performance is determined by a focused, persistent desire to improve oneself, to learn to master one’s words, since speech culture is an essential element of the culture of the judicial process.

The communicative qualities of judicial speech: clarity (accessibility, simplicity), accuracy, persuasiveness, logic, emotionality and expressiveness allow the judicial speaker to make the speech truly evidentiary. The qualities of judicial speech discussed above are in close relationship and in dialectical unity.

The basis for the integrity of a judicial speech is the subject-structural content and logical structure. Judicial speech, as we have already noted, is characterized by a three-part division: speech - main part - conclusion. In addition, the logic of reasoning proceeds from statement to refutation and proof.

Judicial speech, which has all the above-mentioned qualities, is perceived as influencing, since the speech expressively delivered by a judicial speaker subjugates judges and the audience with its influencing power, in addition, expressiveness enhances the accuracy and clarity of thought, the emotionality of speech.

Considering the linguistic aspect of judicial speech, we constantly linked it with the psychological aspect, and paid attention to how linguistic means contribute to the logic and persuasiveness of judicial speech, and how the professional ethics of a lawyer are manifested in language. Ethical requirements for a judicial speaker and judicial speech are associated with showing respect for the court, the procedural opponent, the victim, witnesses, and the defendant. A.F. Koni, for example, considered the moral duty of a judge, first of all, to be respect for human dignity and fair treatment of people. Of course, society develops forms of speech behavior and demands compliance from native speakers. These rules, compliance with the ethics of speech behavior, which is a collection of...people of correct speech behavior. Therefore, a judicial speaker must carry out a complex operation of selecting into a speech act what is most appropriate for a given communication situation.

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