Orientations in lawyer-client interviews

Authors

  • Yon Maley Macquarie University
  • Christopher N. Candlin Macquarie University
  • Jonathan Crichton Macquarie University
  • Pieter Koster Macquarie University

DOI:

https://doi.org/10.1558/ijsll.v2i1.42

Keywords:

Lawyer-client, interviews, interdiscursivity, communicative strategies, legal norms.

Abstract

The lawyer-client interview is a professional lay encounter which frequently exemplifies two competing world views and two associated and competing discourses. The discourse of clients reflects a 'real world' perspective in which specific everyday events and relationships predominate; the discourse of lawyers is motivated by the ' legal world' perspective and its imperative that events and behaviour must be viewed in terms of the principles, rules and categories of the legal system. This inherently inter-discursive interaction places heavy communicative demands on both parties, particularly the lawyer, if the information and advice that s/he provides is to be understood by the client. In this article we argue that while the textualizations of lawyers' rule and category discourse are typically nominal , general and non-evaluative, lawyers draw from a repertoire of frequently inter-discursive strategies to inform their clients of appropriate legal norms and to persuade them to adopt legally prudent and acceptable behaviour.

Author Biographies

  • Yon Maley, Macquarie University
    YON MALEY is a Senior Research Associate in the Department of Linguistics, and the Centre for Language in Social Life at Macquarie University, Sydney. Her research focuses on the discourse of law, both spoken and written; and the discourse of various forms of alternative dispute resolution, including mediation and dispute resolution in the workplace.
  • Christopher N. Candlin, Macquarie University
    CHRISTOPHER N. CANDLIN is Professor of Linguistics and Director of the Centre for Language in Social Life at Macquarie University in Sydney. His research interests lie in discourse analysis and pragmatics, especially in the context of professional- lay encounters and in workplaces, drawing on functional linguistic analysis and the contribution to be made to such analysis from social theory.
  • Jonathan Crichton, Macquarie University
    JONATHAN CRICHTON is a Research Associate in the Centre for Language in Social Life at Macquarie University and head teacher at Waratah Education Centre, Sydney. He is currently engaged in research towards a PhD at Macquarie on linguistic and pragmatic aspects of professional- lay encounters.
  • Pieter Koster, Macquarie University
    PIETER KOSTER is a Research Associate in the Centre for Social Life at Macquarie University, Sydney, and a workplace language and literacy teacher with the Adult Migrant Service of New South Wales. He is currently undertaking research towards a PhD at Macquarie on linguistic and pragmatic aspects of alternative dispute resolution.

Published

1995-06-01

Issue

Section

Articles

How to Cite

Maley, Y., Candlin, C. N., Crichton, J., & Koster, P. (1995). Orientations in lawyer-client interviews. International Journal of Speech, Language and the Law, 2(1), 42-55. https://doi.org/10.1558/ijsll.v2i1.42