Using the Queen’s English

You may be speaking with someone, but how sure are you that person actually understands you?  How many times have you misinterpreted instructions or directions that you thought were clear?  How many times has someone misinterpreted or misunderstood your instructions or directions that seemed clear to you?  Miscommunication is annoying, leads to confusion, and can have grave consequences in some industries.

In 2016 BBC Capital published two articles discussing how native speakers in a given language are often very difficult for non-native speakers to understand.^[1]  Why?  Native speakers are raised with cultural references and idioms that have non-literal meanings.  If the language is a second language, the speaker likely will not have the same cultural references or may not have yet learned the clichés.  Even native speakers might interpret these references differently depending upon their own cultural background.

For example, think of the various sayings and references you might make with friends or colleagues who are native speakers. My understanding of several idioms is below.

• That dog don’t hunt = That idea is not viable.
• He’s on walkabout = The person has been inexplicably absent for a period of time.
• What’s a ballpark number for it? = What is a general estimate for the topic being discussed, whether money, time, square footage, etc.?
• He went off the reservation = The person acted in an unorthodox or unconventional manner.
• I found $20 once = Usually uttered after another person in the conversation has made an off topic comment that derailed the original conversation. This saying chides the prior speaker.
• Hedge your bets = A certain outcome is anticipated, however the speaker is also preparing for possible alternative outcomes.
• She walked in and did it cold = The person performed the action with minimal, if any, preparation.
• Does that ring a bell = Does that refresh your memory? Alternatively, does that sound familiar?
• Cut to the chase = Let’s skip to the important parts of this conversation

Each of these idioms have a non-literal meaning.  Native speakers might generally understand them, but non-native speakers may not.

There are also cultural references.  I have used several on this blog, a few I can remember are below.

• “Instead, I found myself staring at a rabbit hole and decided for inexplicable reasons to take the red pill, stay in Wonderland, and see how deep the hole went.”^[2]  This was a blended reference to Alice in Wonderland and also The Matrix that, in context, meant I had decided to pursue an idea that was far more complex than expected.
• “The first rule of Fight Club is: you do not talk about Fight Club.”^[3]  This was a reference to one of the more famous lines in Fight Club, probably a cult “classic” at this point, but in this context was a reference to the admonition reminding people this blog is not “authority.”
• “Even freedom costs $1.05 (2004 dollars)….”^[4]  A reference to a song from Team America and meaning nothing is free.
• “Queue Whitesnake: “Here I go again on my own…”^[5]  A song that is generally scream sung by drunks in a karaoke bars, but in this context meant I believed my comments might be the minority position.

I mention all of this because clear communication is vital to everything a lawyer does, whether in litigation or other pursuits.  Ambiguities destroy contracts.  In litigation ambiguities allow witnesses to escape prior testimony and may create openings for the opposing party.  When you are communicating, remember to keep it simple and avoid using ambiguous language or phrases that have non-literal meanings.

[1] October 31, 2016; December 16, 2016.
[2] May 15, 2017.
[3] January 29, 2016.
[4] Advertising Opportunities tab.
[5] May 1, 2017