Introduction
The ability to clearly articulate legal principles and their practical application, as highlighted by Susanah Barton Tobin, lies at the heart of effective legal practice. For lawyers, explaining the law is not merely about academic knowledge but also about translating complex legal concepts into accessible language for clients, courts, and colleagues. This essay explores the importance of this skill in the context of legal practice within the UK, focusing on how it underpins client communication, advocacy, and professional responsibility. Drawing on relevant legislation and case law, the discussion will examine the role of clarity in interpreting statutes and precedents, ultimately arguing that this skill is indispensable for a competent lawyer.
The Role of Explanation in Client Communication
A fundamental aspect of legal practice is the ability to communicate effectively with clients, many of whom lack legal expertise. Lawyers must distill intricate legal rules into comprehensible advice, ensuring clients understand their rights and obligations. For instance, under the Solicitors Regulation Authority (SRA) Code of Conduct, solicitors are required to act in a way that maintains client trust, which includes providing clear explanations of legal matters (SRA, 2019). Without this skill, clients may make uninformed decisions, potentially leading to adverse outcomes. A practical example can be seen in family law, where explaining the implications of the Matrimonial Causes Act 1973—particularly regarding financial settlements—requires precision and empathy to guide clients through emotionally charged decisions. Thus, the ability to elucidate legal concepts directly impacts client satisfaction and trust, a cornerstone of effective legal representation.
Advocacy and Judicial Interpretation
Beyond client interaction, the skill of explaining the law is critical in advocacy, where lawyers must persuade judges and juries through cogent arguments. This involves not only knowing the law but also articulating how statutory provisions and case precedents apply to a specific context. Take, for example, the landmark case of Donoghue v Stevenson [1932] AC 562, which established the principle of duty of care in negligence. A good lawyer must explain how this precedent shapes liability in a modern case, breaking down the neighbour principle in a way that aligns with the facts at hand. Furthermore, when interpreting legislation such as the Human Rights Act 1998, lawyers must clarify how provisions like Article 8 (right to privacy) interact with case law, ensuring their arguments are both legally sound and accessible. This skill, therefore, is not just explanatory but also analytical, bridging legal theory and practical application in the courtroom.
Professional Responsibility and Ethical Practice
Explaining the law also ties into a lawyer’s ethical obligations. Miscommunication or failure to clarify legal implications can lead to professional misconduct. For instance, in the case of Rondel v Worsley [1969] 1 AC 191, the House of Lords emphasised the importance of lawyers acting with competence and care in representing clients, which includes clear communication. If a lawyer fails to explain the potential consequences of a plea or contract, they risk breaching their duty, undermining justice. Therefore, the ability to explain the law is not merely a technical skill but a moral imperative, ensuring fairness and accountability in legal practice.
Conclusion
In conclusion, Susanah Barton Tobin’s assertion that explaining the law is essential to being a good lawyer is evident across multiple dimensions of legal practice. Whether in fostering client trust, crafting persuasive arguments in court, or upholding ethical standards, the ability to communicate legal principles clearly is indispensable. By drawing on legislation like the Human Rights Act 1998 and precedents such as Donoghue v Stevenson, this essay has demonstrated that effective explanation underpins a lawyer’s competence and professionalism. The implications are clear: law schools and training programmes must prioritise communication skills alongside substantive legal knowledge to prepare future lawyers for the multifaceted challenges of the profession.
References
- Solicitors Regulation Authority (SRA). (2019) SRA Standards and Regulations. Solicitors Regulation Authority.
- Donoghue v Stevenson [1932] AC 562.
- Human Rights Act 1998 (c. 42). London: HMSO.
- Matrimonial Causes Act 1973 (c. 18). London: HMSO.
- Rondel v Worsley [1969] 1 AC 191.
