Ethics of professional communication of a lawyer. Culture of speech and professional ethics of a lawyer Culture of speech in professional activities

15.05.2022

Content

Introduction

Etiquette is a set of rules of conduct established in the team and accepted as the norm of communication in various life situations. You can also define etiquette as a set of rules for dealing with people; both established and otherwise transmitted from person to person informally.
The office etiquette of a lawyer is formed on the basis of the relationship and interdependence of legal and moral principles, norms, legal and moral consciousness.
The specificity of the professional activity of lawyers is associated with special moral situations that are not usually found in the activities of representatives of other professions.
Increased moral requirements are imposed on employees of the legal profession, which is explained by the special trust in them on the part of society and the responsible nature of the functions they perform.
People who decide the fate of others, requiring them to comply with the law and morality, should have not only a formal, official, but also a moral right to do so.
Independence and submission only to the law presupposes the strictest observance of them by lawyers. Acting in the eyes of society as guardians of the rule of law, they must show 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 the office etiquette of a lawyer.
In accordance with the goal, the following tasks of the work are defined:

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

1. The concept of office etiquette of a lawyer

Etiquette (French "etiquette - label, label) - a stable order of behavior, expressing the external content of the principles of morality and consisting of the rules of polite behavior in society (manners, clothes, etc.). A stable order of behavior means a set of established rules of conduct relating to the external manifestation of relations between people 1.
Etiquette governs manners. Manners - the ability to behave, the external form of behavior. Manners include some features of speech (tone, intonation), gestures, facial expressions, gait.
Norms of etiquette 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.
The basic norms far from exhaust all the norms of official etiquette. At present, special "reminders" containing the rules of conduct have been developed. Their purpose is to help leaders organize both personal behavior and the behavior of subordinates to create a favorable moral and psychological climate in the team.
Service ethics perform many different functions. It contributes to the unity of employees, the organization of a healthy psychological climate, ensuring the effectiveness of performance, moral and aesthetic education.
Service etiquette also includes the norms of informal relations, which are based on politeness, tact, modesty, delicacy, accuracy and commitment.
These qualities make the process of communication pleasant, joyful, interesting, they contribute to the manifestation of mutual understanding, trust, sympathy between people.
On the contrary, incontinence, laxity, lack of concentration, familiarity, immoderate gesticulation, the habit of grabbing the interlocutor by the clothes, by the hands, looking away during a conversation, interrupting speech, etc. are anti-aesthetic qualities of manner, testify to the low culture of a person, the underdevelopment of his feelings, tastes, ideas. They do not contribute to mutual understanding between people, and make the process of communication painful and unpleasant.
The generally accepted norms and rules of conduct include: politeness and tact, simplicity and modesty, honesty and truthfulness, frankness and directness, generosity and generosity, responsiveness and sensitivity, moral purity, mutual assistance, mutual respect and other norms of community life, without which the normal existence of society is impossible.
Lawyer's office etiquette is a stable order of his behavior in the performance of official powers, 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 are of particular importance, as they are a strictly regulated ceremonial, where certain official forms of behavior of a lawyer should not go beyond strictly established limits.
Etiquette is expressed in a system of courtesy rules, clearly classifies the procedure for treating officials in accordance with their rank (who should be addressed properly, who should be titled as), rules of conduct in various circles. Strict observance of official etiquette is an important condition for the ethical and aesthetic culture of a lawyer's behavior.
The specifics of legal activity is such that a lawyer has to deal with a large number of people and it is necessary to develop rules of conduct with everyone. Real circumstances are so diverse that no rules and regulations are able to cover them completely. However, it is possible to single out the main ones that a lawyer should be guided by in the process of carrying out his professional work.
The main ethical and aesthetic rules of the relationship between a lawyer and other participants in the decision of the case:
A sense of tact is a state of emotional empathy with each of the participants in the decision of a legal case.
Tact implies an attentive attitude to the personality of the interlocutor, due measure in expressions and actions, the ability to correctly pose and state questions that may cause embarrassment to others.
It is important to constantly remember that the observance of etiquette and the manifestation of tact is an integral part of the spiritual culture of a lawyer as an official, especially the personality of a leader. In this sense, the leader should be a model for his subordinates. Rudeness and incontinence, not to mention etiquette, not only lower 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 of a lawyer require their own principles, rules and norms that complement the sense of tact. These include:
Correctness - restraint in words and manners, the exclusion of unnecessary questions, excessive perseverance, etc.
Politeness is an external manifestation of goodwill, address by name and patronymic, sincere disposition.
Kindness is the willingness to serve someone in need.
Accuracy - the timeliness of the promised or entrusted business.
Self-organization - planning work and completing it on time, etc. 3
The main thing is that behind the strict observance of etiquette there should be no hidden disrespect, hostility towards people. If etiquette has a purely external, torn off from its moral content, form, a strictly canonized character, it will turn into an official form of hypocrisy.

2. Characteristics of the features of the office etiquette of a lawyer

2.1. Appearance as an integral part of a lawyer's official etiquette

There is a proverb: "They meet by their clothes, but see them off by their mind." It directly relates to the aesthetic culture of a lawyer, expressed in his appearance. The appearance of the investigator, prosecutor, judge has a significant impact on the attitude of citizens towards them. The famous lawyer A. F. Koni advised: “You should dress simply and decently. The costume should not contain anything pretentious and flashy (sharp colors, unusual style). A dirty, sloppy suit makes an unpleasant impression. It is important to remember this, since the psychological impact on the audience begins before the speech, from the moment you appear before the public” 4 .
Often, the investigator fails to establish contact with a person precisely because of the initial antipathy caused by his appearance: untidy clothes or those that do not correspond to business relations; unpleasant manners.
At the first meeting, the lawyer is assessed from the point of view of the perception of the features of his behavior and appearance. Based on this assessment, a lawyer can be given a peculiar characteristic, both positive and negative.
A lawyer must have a sense of beauty. He cannot but reckon with the impression he makes on people with his appearance. In clothes, he should give preference to business style. In contact with clients, colleagues, everything is important: facial expression, smartness, trimmed nails and hair, clothes, her condition, the ability to feel free in her.
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, clothes, hairstyles for a lawyer. Each lawyer creates his own image. The main thing is that he should be guided by a sense of proportion and the realization that he is a representative of the state for all those who turned to him for legal assistance.
For certain categories of legal workers (the internal affairs bodies, the prosecutor's office, the Constitutional Court of the Russian Federation, etc.), standards of appearance have been established in the performance of official duties - it is prescribed to wear a special uniform.
The Federal Constitutional Law of July 21, 1994 No. 1-FKZ "On the Constitutional Court of the Russian Federation" 5 (Article 114) established the uniform of a constitutional court judge. He must wear a robe when performing his duties at a session of the Constitutional Court.
Decree of the Government of the Russian Federation of March 25, 1996 No. 352 “On approval of the norms for issuing and describing insignia and uniforms for prosecutors, investigators, scientific and pedagogical workers with class ranks” 6 approved descriptions of insignia and uniforms for prosecutors, scientific and pedagogical workers with class ranks, the norms for issuing and terms of wearing uniforms for prosecutors, investigators, scientific and pedagogical workers with class ranks .
Employees of the prosecutor's office are issued uniforms.
For employees of the prosecutor's office who have a class rank, shoulder straps are insignia. They are worn on a coat, raincoat, jacket, top shirt. On the corners of the collar, in addition to the top shirt, there is a departmental emblem 2.5 cm high, 2 cm wide. For persons with class ranks from the actual state councilor to the state councilor of justice of the 3rd class inclusive, the emblem is gilded, sewn, 2.9 cm high, 1.8 cm wide, bordered with gilded embroidery in the form of laurel leaves.
The hats 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 an amount corresponding to the number of items of uniform, taking into account the wear period.
The deadline for issuing and wearing the uniform of prosecutors, investigators, scientific and pedagogical 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 the norms for issuing and describing insignia and uniforms for prosecutors, scientific and pedagogical workers with class ranks.”
In accordance with Decree of the Government of the Russian Federation of October 13, 2011 No. 835 “On uniforms, insignia and standards for supplying clothing property to employees of the internal affairs bodies of the Russian Federation” 7 employees of the internal affairs bodies of the Russian Federation wear uniforms according to the special ranks assigned to them.
Uniform is a set of items of clothing and footwear (uniforms), as well as equipment intended to be worn by employees, unified by a set of essential external features.
The essential features of uniforms include: a set of designs, colors of uniforms and distinctive elements of established colors (edging, stripes, bands of caps and gaps on shoulder straps); fittings of established samples; shoulder straps of established types (samples).
A clear regulation of the wearing of uniforms by employees of the internal affairs bodies is provided for by the Order of the Ministry of Internal Affairs of the Russian Federation dated August 22, 1995 No. 326 “On measures to comply with the rules for wearing the established form of clothing by employees of the internal affairs bodies and military personnel of the internal troops” 8.
In accordance with the Order of the Ministry of Internal Affairs of the Russian Federation of December 24, 2008 No. 1138 “On Approval of the Code of Professional Ethics for an Employee of the Internal Affairs Bodies of the Russian Federation” 9 (Article 18), a decent appearance of an employee ensures the moral right to self-respect, helps to strengthen citizens' confidence in the internal affairs bodies, and influences the behavior and actions of people.
The internal affairs officer should:

Employees in uniform greet each other upon meeting in accordance with the requirements of the Combat Charter of the Armed Forces of the Russian Federation.
In the case of performing official duties in civilian clothes, it is allowed to wear a suit (dress) and shoes of a strict business style, of a soft color, emphasizing the accuracy and neatness of the employee.
An employee in uniform is not recommended to: visit markets, shops, restaurants, casinos and other shopping facilities and entertainment establishments, if this is not related to the performance of official duties, as well as carry bags, packages, boxes and other household items.
A male employee should always be neatly trimmed, carefully shaved, neatly and tastefully dressed, and may use perfumes sparingly.
A female employee is recommended to wear formal business attire, to be modest and reasonable in the use of cosmetics and wearing jewelry.
An employee is not recommended to grow a beard, long sideburns, shave his head, wear jewelry with the exception of a wedding ring.
An employee should not get tattoos, wear piercings, mix uniforms and civilian clothes, keep his hands in his pockets, walk in uncleaned and worn-out shoes, as well as in uniforms that have lost their proper appearance.
It is unacceptable for an employee to wear insignia, distinctions, honorary titles, uniforms of public associations that have a similar name or external resemblance to state awards and titles.

2.2. Lawyer speech etiquette

The speech behavior of a lawyer has the following features:

The speech behavior of a lawyer must comply with the following rules:

The ethical essence of a lawyer's speech etiquette finds its concrete and concentrated expression in judicial speech.
The content of the trial is determined by law. However, in view of the fact that judicial debates are 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 followed not only during speeches, but throughout the entire trial.
Let's formulate some of these rules. Participants in the litigation:

The moral significance of judicial debates also lies in the fact that they should contribute to the moral education of the defendant, the victim, witnesses, other persons participating in the case, as well as the public present in the courtroom.
People who are entrusted in accordance with the law with the resolution of social and interpersonal conflicts bear increased moral responsibility for their words, actions and decisions. It is no coincidence that the teacher A.S. Pushkin-lyceum student lawyer A.P. Kunitsyn, in a speech to the lyceum students, urged "above all to honor the laws and observe them." Preparing "to be the guardians of the laws, learn, first of all, to honor them yourself: for the law, violated by its guardians, has no holiness in the eyes of the people." The prosecutor, delivering the accusatory speech, performs the function of criminal prosecution. He is the side of the prosecution and is obliged to perform his accusatory function objectively. A.F. Koni characterizes the prosecutor in the post-reform Russian process as a publicly speaking judge. 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 the duty he is performing, without pathos, indignation and persecution of any song other than justice, which is achieved not by the indispensable agreement of the court with the arguments of the accuser, but by indispensable listening to them.
Koni believed that "in the court session, our prosecutor was placed in a position that any foreign legislation could envy."
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 in 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 actually moral aspects of this principle. The behavior of the public prosecutor, 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, in fulfilling his heavy duty, serves the society. But this ministry will be useful only 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 characterization of the entire speech of the prosecutor-prosecutor is the conformity of his position to universal human simple norms of morality and the merits of the case, the legal and moral justice of the conclusions that he submits to the court. A prosecutor who insists, for example, on the conviction of a person whose guilt in a crime has not been proven, acts immorally.
In his speech, the public prosecutor sets out the actual circumstances of the case in the form in which they were established as a result of the judicial investigation. He claims that the defendant committed certain acts that determine his guilt, or he makes adjustments taking into account the results of the judicial investigation, and if there are grounds, he declares that the charge is dropped. The legal and moral obligation of the prosecutor is to be as objective as possible in formulating the conclusions proposed to the court about what, in his opinion, the defendant is guilty of. The prosecutor is obliged to drop the accusation if it was not confirmed during the trial. The prosecutor introduces clarifications to the accusation in its factual part in accordance with what has been proven in court.
In the accusatory speech, the central place is occupied by the analysis of the evidence examined at the trial, and the substantiation of the conclusion about the proof or lack of proof of the accusation. The prosecutor has a moral and legal duty to prove the accusation, which is put forward by the prosecution authorities. He must fulfill this duty also 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.
The prosecutor's speech characterizes the personality of the defendant, based on the facts established in court. This characteristic must be objective. The prosecutor has no right to keep silent about the positive moral character of the defendant, his previous merits, behavior that could serve to mitigate responsibility. Information from the biography of the defendant may be used only to the extent that it relates to the crime and to the possible punishment 12 .
In speech, of course, ridicule of the defendant, rudeness, insulting characteristics, as well as statements about the appearance of the defendant, his nationality, faith, and physical defects 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 handed down by them on the state of crime, etc., do not correspond to moral standards. F. Koni, speaking out against "the intimidation of jurors by the consequences of an acquittal", cited colorful cases from the practice of those years. One nimble provincial prosecutor in the case of a gang of horse thieves, objecting to the defense seeking acquittal, said: Well! Justify! Your will! Only I'll tell you this: I look out the window and see your horses and britzkas in the yard, the carts in which you are going ... to go home. Well! Justify: walk away!”.
Irony may be used in the prosecutor's speech, but humor has no place in a courtroom where too serious cases are discussed, where it is a question of grief caused by a crime.
The lawyer in his speech opposes the prosecution in an adversarial process. His participation in judicial debate 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 lies in the fact that the moral side of the practice of law is invariably ambiguous. Indeed, if an obvious villain is condemned, the sympathies of the public 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 blackened. Protecting a person before the law, does he not conflict with the law itself?
The defender-lawyer can use only legal means and methods of protection. Speaking on the side of a person accused of violating the law, the defender himself must strictly observe the laws, use only legal means. The defender has the right to apply only morally permissible methods of protection. In particular, he has no right to lie to the court, to incline the court to half-truths and untruths, even if it is beneficial to his client. A lawyer not only has no right to lie, not only has no right to use artificial, contrived, falsified evidence - he has no right to insincerity, no right to play.
Defending a specific person from the accusation of a crime, the defender cannot justify the crime itself. A.F. Koni, criticizing the vices of the legal profession in his time, wrote about justified anxiety in connection with cases when the defense of the criminal turned into justification of the crime, and, moreover, skillfully distorting the moral perspective of the case, forced the victim and the guilty party to change roles 13.
It is important to understand that in the trial 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 the lawyer.
Judicial practice of recent times, according to experts in this field, proceeds from the fact that the recognition by the defender of the guilt of the defendant, when the latter denies it, means a violation of the right to defense, the duty of the defense counsel to use all legal means and methods of protection, not to act to the detriment of the accused.
As for the moral side of such a decision, here one has to follow the path of a moral choice in the conditions of a moral conflict, when the observance of one norm entails the violation of another. But preference should still be given to the moral obligation to defend another person from accusation, who entrusted his fate to a lawyer, hopes for his help to the end. And let the accusation be supported by the one to whom it is due. Of course, a defender-lawyer in this difficult situation must use even the slightest opportunity to refute the accusation at its core, 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 should be borne in mind that the very position of the defendant, who consistently insists on his innocence, may give rise to doubts about the correctness of the accusatory version, which the defender has the right to use in his argument.
The defense lawyer's speech vividly manifests the humanism of the profession of a lawyer and his mission performed in court. He seeks to help a person who, even 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 to an unfounded accusation. The accused, who appeared before the court, has not yet been convicted. The defender, more than other participants in the trial, is obliged to respect the dignity of the defendant, spare his pride and act in his defense, including when delivering his speech. The defender, according to A.F. Koni - "friend, adviser" of the accused.
The speech of the defender must present to the court in a concentrated form everything positive that characterizes 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 aggravating circumstances proven doubtfully should be assessed accordingly. When characterizing the defendant, exaggeration must not be allowed, and contrary to the facts, one should not assert the non-existent virtues of the defendant. This can lead to distrust of 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 covered in the speech of the defense counsel. 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 damage, grief, moral suffering is judged.
In the speech of the defender, it is impossible to use arguments, the inconsistency of which is obvious. Deception, lies, deliberate misrepresentation of facts deeply
etc.................

Language and speech occupy a special place in the professional activities of a lawyer. After all, a lawyer is a lawyer. And law is a set of norms established and protected by the state, rules of conduct 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 the language and protect them.

A lawyer daily deals with the most diverse phenomena of life, and he must correctly assess these phenomena, make the necessary decision on them and convince people who turn to him of the correctness of his point of view. Violation of language norms by a lawyer can cause a negative reaction from interlocutors. In addition, each lawyer acts as a speaker, as a propagandist of legal knowledge. The prosecutor and the lawyer make public speeches every day in court proceedings, so it is necessary to master the skills of public speech.

By the attitude of each person to his language, one can absolutely accurately judge not only his cultural level, but also his civic value. A person's speech is a kind of passport that accurately indicates in what environment the speaker grew up and communicates, what is his cultural level. The degree of mastery of the norms and riches of the language depends on how accurately, competently and clearly the speaker can express his thought, explain this or that life phenomenon, and have the proper impact on the listeners. Therefore, it is necessary to learn the culture of speech.

The culture of speech is largely determined by the culture of thinking and conscious love for the language. The main criterion for the culture of speech is normativity, which includes accuracy and clarity, correctness, purity of speech, that is, the absence of dialect, vernacular words, narrow professional expressions, and inappropriately used foreign words. In addition, speech is considered cultural, which is characterized by speech skill: logical harmony, rich vocabulary, variety of grammatical structures, artistic expressiveness.

The culture of speech is defined as the motivated use of linguistic material, as the use in a certain situation of linguistic means that are optimal for the given situation, content and purpose of the statement; this is the use of the only necessary words and constructions in each specific case.

Why does he need to speak specifically about the culture of speech of a lawyer?

Firstly, the profession of a lawyer requires not only high moral qualities and professional skills, but also a broad general education.

The lawyer acts in various communicative roles: drafts bills, conducts business correspondence, he has to write protocols of interrogation and inspection of the scene, various resolutions, indictments, statements of claim, sentences and rulings, contracts and agreements.

A lawyer has to deal with people of a wide variety of professions and different levels of culture. And in each case, it is necessary to find the right tone, words, arguing and competently expressing thoughts. The content of their explanations and testimonies sometimes depends on how accurately these persons understand the speech of a lawyer. Violation of language norms by a lawyer can cause a negative reaction from interlocutors. Unfortunately, there are cases when, due to an inaccurately asked question, the interrogated person asks for clarification or correction of an incorrectly asked question. In addition, each lawyer acts as a speaker, as a propagandist of legal knowledge, giving lectures; The prosecutor and the lawyer make public speeches in court proceedings every day, so a lawyer needs to master the skills of public speech. The ability to speak in public, language proficiency has long been considered a necessary professional quality of a lawyer. It is also necessary to talk about the culture of speech of a lawyer because the legal language is specific. It contains many terms that have a special legal meaning, for example: code, smuggling, alibi, motives for a crime, etc. Some colloquial words, outdated, not typical for general use, are used as terms. Most polysemantic words denote special legal concepts. In the language of law, there are phrases that are not used outside the legal sphere of communication, for example. It is the most difficult and most interesting of all professional languages.

What is included in the concept of the culture of speech of a lawyer? Taking into account the tasks of criminal proceedings, the culture of a lawyer's written speech can be defined as the use of language means of an official business style in procedural acts that meet the requirements of the Code of Criminal Procedure of the Russian Federation and adequately reflect the factual data established in the case. In the official business style, a large number of ready-made, standard expressions - clichés are used. And this is where the problem of clichés and clichés in a lawyer's speech arises: the relevance and necessity of clichés when drafting documents and the inappropriateness of speech clichés that cause harm.

The speech should be structured in such a way that it attracts attention and contributes to persuasion in the best possible way.

Verbal communication involves the use of speech with its rich phonetics, vocabulary, syntax. Speech- the most important tool of professional communication, a form of existence of a 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, with the help of language and speech, a thought is formed and expressed; that is why speech is an instrument of thought;

- 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 action of the participants in the dialogue 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 one's own processes, emotional states, human actions, i.e. speech serves as a means of regulation (organization) of one's own mental processes.

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

The simplest form oral speech is affective speech, consisting of separate exclamations, habitual speech stamps. The motivating moment of such speech is the affective tension of the speaker. It often lacks a clear intention, a conscious motive. Therefore, analyzing such affectively colored statements, one can to some extent judge the mental state of a person. In some cases, such phrases can also have a simulative nature, when a witness, for example, tries to mislead the investigation, the court about his true emotional state, his real attitude to what is happening.

The most common oral dialogic speech is the main type of speech used in the process of communication between an investigator, a judge, a prosecutor, a 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 the system of views, thoughts, knowledge of a person. Monologue speech, as a rule, has a clear intent. Usually it is prepared in advance.

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

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

In connection with the clear regulation of the preparation of procedural documents in forensic literature, one can come across 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 turns, stylistic rules for compiling procedural documents, their mandatory details.

A significant impact on the quality, completeness of speech is exerted by the state of emotional tension in which a person is summoned to law enforcement agencies, who 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 aloud - a phenomenon called verbal rigidity. Therefore, the investigator needs to pose clarifying questions, resorting to conveying the meaning of what was said using other speech turns, words in the form of so-called paraphrases.

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

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

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

Since the speech of a lawyer has a certain public sound, it is subject to increased requirements, ignoring which negatively affects his professional authority. That's why the speech of a lawyer should be distinguished by:

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

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

Compliance with moral and ethical rules and norms 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 the skills of his speech behavior, improve the culture of communication.

Introduction.

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

Violation of language norms by a lawyer can cause a negative reaction from interlocutors. In addition, each lawyer acts as a speaker, as a propagandist of legal knowledge, giving lectures; The prosecutor and the lawyer make public speeches every day in court proceedings, so it is necessary to master the skills of public speech.

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 unwillingness of the court orator to think about the meaning of the words used, about his disrespect for the language. After all, the high rating of many lawyers is determined by the impression of general culture and intelligence that their speeches leave, their impeccable command of the literary language, the ability to accurately, clearly, correctly and logically express an idea. All of these factors are a prerequisite for a successful self-presentation as a court speaker. This means that language is a professional weapon of a lawyer. And questions of the culture of a lawyer's speech are raised by life itself, by practical necessity.

1. Features of the culture of speech of a lawyer.

It is also necessary to talk about the culture of speech of a lawyer because the legal language is specific. It contains many terms of special legal significance, for example: code, smuggling, alibi, motives for the crime, measure of restraint, confiscation etc. Some colloquial words are used as terms, such as: squandering, begging, slander; obsolete: deed, concealment; verbal nouns not in common use: delivering, not conveying, seeking. Most polysemantic words denote special legal concepts. So, drive unit - forcible delivery of someone to the investigation and court authorities; incline - force to commit a crime; redemption - termination of a criminal record; episode - part of criminal acts, 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 and others. This is the most difficult and most interesting of all professional languages.

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

Litigation is first and foremost oral presentation. It can only function in the form of live conversational speech. During the judicial investigation, the judicial orator makes all the amendments and additions to the preliminary scheme of the speech, arising from the data obtained and verified in the judicial process. The final work on the preparation of the speech usually takes place after the judicial investigation. The lawyer in his speech must take into account and refute the position of the prosecutor and the arguments given by him, therefore, the last additions and amendments to the scheme of the defense speech are made in the process of the accusatory speech. In judicial practice, it is observed that the text of a speech by judicial speakers, as a rule, is not written in full.

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

How is clarity achieved? First of all, a deep knowledge of the material, a clear composition of speech, logical presentation, convincing arguments. Clarity is the ability to speak clearly and understandably about complex issues. The court speeches of the pre-revolutionary lawyer K.F. Khartulari were distinguished by this quality. The court speaker paid great attention to making the presentation accessible to perception. Often, intelligibility, or accessibility, is called simplicity. The simplicity of presentation contributes to the fact that the speech is perceived easily and the thought of the judges without difficulty follows the thought of the speaker. However, one should not confuse simplicity and primitiveness. Simplicity of speech involves the use of both complex syntactic constructions and rhetorical devices. A comparison given in time and by the way, the necessary epithet, historical example, proverb or saying enliven the speech, make it more intelligible. But artificial prettiness and grandiloquence are completely intolerable in judicial speech.

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

Quite often, speech becomes unclear due to the use of foreign words and highly specialized terms in it: In her life there was a famousingredient ; or: To my clientcharged... Especially now, when our life is full of foreign words, the court speaker needs to monitor their motivated use.

Inappropriate use of pronouns will inevitably lead to ambiguity of speech: In accordance with”, “the established duration of stay m - m”, “on the treatment of the victim”, “I believe that his actions can only be qualified by Article 112 part one”, “because he was treated for less than four weeks.”

The reason for the ambiguity may be verbosity: " Other testimonies were given to Ivanchenko about what, therefore, was stolen from him, which means that 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, therefore, what damage she could not.

Creates ambiguity and incorrect word order: When trying to escape, the defendants were detained with the stolen things by combatants.

Clarity of thought and its verbal expression leads to such a 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 subjective accuracy. The court orator must know well the materials of the criminal case he is talking about. Speech inaccuracies caused by poor knowledge of the subject of speech lead to a negative attitude towards the court speaker. Conceptual accuracy depends primarily on the accuracy of word usage, in particular on the choice of synonyms. Pay attention to how accurately the highlighted words characterize situations and people: Easily and freely, moving from subject to subject,chatting wife to husband about all the interests of the house(light, casual conversation); Over morning tea, laughing cheekily, she suddenlyblurted out Husband: “Do you know? I'm getting married to Pistohlkors"(frivolous, thoughtless act). Accuracy is created by the use of legal terms and clichés: motives for the crime, not motives; to initiate criminal proceedings rather than start; the case was separated into a separate proceeding, and not in an independent; apply preventive measures rather than accept, etc.

P.S. Violation of accuracy leads to the fact that representations, concepts are distorted. For example, a candidate of legal sciences, arguing in a reputable legal journal about the ambiguity of evaluative concepts in the criminal procedure law, advocating for the accuracy of word usage, himself inaccurately uses the linguistic term “etymological meaning” instead of "lexical meaning". An analysis of oral court speeches showed that court speakers often use words without taking into account their semantics, as a result of which the thought is not expressed quite accurately, for example: On the same day they made a trip, which means they took tools with them and committed a theft. In this example, the word hike can be perceived only in an ironic sense, which is completely inappropriate here. Please note: using the wrong word hike, the speaker makes the following mistake: he introduces an unnecessary word Means, as if wishing to mitigate the error.

Nowadays, instead of a word enough in the sense of "to some extent" is often used, especially by young people, the word enough, which means "as much as needed, as needed for something." Even in the courtroom you can hear: His parents were quite poor or: The city has a fairly high crime rate. How by what parameters can one determine the sufficiency of poverty or crime? There are cases of confusion of paronyms by judicial speakers, resulting in an inaccuracy: Crime is on the rise(it is necessary: increase, it grows better). Inaccuracy is also created by the omission of the suffix – sya in return participles: "Fedorov grabbed the first pipe that fell and struck." An even greater inaccuracy appears as a result of careless handling of a negative particle Not(as a result of its 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 ).

Expressions inaccurately express the idea, littered with unnecessary, so-called “favorite” words and phrases: Well, then, in general - something, or something, so to speak, as they say and others. “At one,” wrote P.S. Porokhovshchikov, “you can only hear: so to speak, how to say it, in some way, all the same; this last word ... in itself is far dissonant, pronounced with some kind of snake-like thorn, the other says every minute: well ...: the third between each two sentences exclaims: YES! - although no one asks him about anything.” Because of such words - “weeds”, a clearly formulated thought becomes inaccurate, approximate; the speaker, as it were, repents of his inability to express himself precisely. In addition, an endlessly repeated word distracts the listeners from the content of the speech and causes a desire to count how many times the speaker will say a favorite word that is completely unnecessary. P.S. Porohovshchikov tells how the prosecutor accused the saddler of unintentional murder, used the word three times Fine.“I involuntarily thought,” writes the author, “a man was killed, what good is that?” A.A. Ushakov warned about the danger of inaccurate word usage: “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 court speaker.

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

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

The prosecutor, while maintaining the prosecution, should be restrained in his words, his conclusions should be deliberate and fair, in relation to the defendant there can be no familiarity, insults, ridicule. In the following examples, the ethics of the speech behavior of the prosecutor are violated by colloquial lying and colloquial words swearing, skin in relation to the defendant: He is lying here, comrade judges, that he did not swear // he swears //; Bulakov wanted to save his own skin, forgetting that only a sincere confession could save it..

The violation of speech ethics by the speaker is evidenced by cases when he does not know the names exactly, confuses the defendant with the victim, the victim with witnesses: " Fedorova's son does not work, does not study, is not engaged in anything, socially useful work,sorry, not Fedorov, but Moshkin " ; or: " One saidLisin, in my opinion, if my memory serves me, what took me was just curiosity about what others would do there." The following examples express disrespectful treatment of victims: "We talked very carefully and for a very long time about the theftu like her , Sychevoi "; or: "The second episode of theftat this very Chashina, uh, should be excluded."

It is unethical to use foreign words in court speech that are unfamiliar to the defendant and those present in the courtroom, as they violate the accessibility of speech, and the court speech should be understandable to the audience from beginning to end. See how foreign words introduce ambiguity into speech: This insinuation caused a very, such, 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 the lawyer must not weaken control over their speech behavior. The increase in the culture of justice, but first of all, the respect of citizens for the court, the strengthening of the educational impact of trials, depends on how respectful the court speaker is to the language, to those present in the courtroom. In conclusion, let us recall 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 in serving the truth and respect for human dignity.”

Conclusion

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

The success of a court speaker's speech is determined by a purposeful, persistent desire to improve oneself, to learn to skillfully master the word, since speech culture is an indispensable element of the culture of the judicial process.

The communicative qualities of judicial speech: clarity (accessibility, simplicity), accuracy, persuasiveness, logicality, emotionality and expressiveness allow the judicial speaker to make the speech truly evidence-based. The qualities of judicial speech considered above are closely interconnected and in dialectical unity.

The basis of the integrity of the judicial performance is the subject-structural content and logical structure. For judicial speech, as we have already noted, a three-part division is characteristic: speech - main part - conclusion. In addition, the logic of reasoning is carried out from ascertaining to refutation and proof.

Judicial speech, which has all these qualities, is perceived as influencing, since the speech delivered expressively by a judicial orator subdues judges and the audience with its influencing force, 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, persuasiveness of judicial speech, how the professional ethics of a lawyer is manifested in the language. Ethical requirements for a judicial orator and judicial speech are associated with respect for the court, for the procedural opponent, the victim, witnesses, and the defendant. A.F. Koni, for example, considered the moral duty of a judge, first of all, respect for human dignity and a fair attitude towards a person. Of course, society develops forms of speech behavior and requires 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 orator must perform a complex operation of selecting into a speech act what is most appropriate for a given communication environment.

culture speeches much more attention especially... - society is the law”, a dialogue took place between the radio commentator and lawyer.Radio commentator: - My neighbor was repairing in the garage ...

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Abstract >> Ethics

culture speeches Well-known publicist and prominent scientist lawyer A.F. Koni said: “You need to know the subject, about ... art and spheres of life, but also language, especially official and scientific. Check yourself which...

culture speeches in professional activity

Abstract >> Foreign language

Literature…………………………………………………………………21 Introduction. Questions culture speeches in the professional field of steel especially relevant at the present time... , journalist, manager, lawyer, - the leading part, because for these professions, speech is the main...

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Abstract >> Culture and art

Faded away in society, among progressive writers, lawyers and scientists, interest in what was ..., logic, aesthetics, sociology, pedagogy. Especially close relations culture speeches how science has co...

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Introduction

1. Concept, subject and principles of professional ethics

Conclusion

List of used literature

Introduction

All the requirements of the morality inherent in a given society apply in full, without any exceptions, to representatives of the legal profession. These requirements determine all the behavior of a lawyer, both in the field of official activity and in everyday life outside of office. A judge, prosecutor, investigator, and outside the performance of their official functions, remain a judge, prosecutor, investigator.

There is no unity of terminology in the literature devoted to the problems of ethics in the legal profession. You can find the following terms: ethics of representatives of the law, professional ethics of a lawyer, legal ethics, legal ethics, judicial ethics. A number of authors write about investigative ethics, expert ethics, lawyer ethics.

The relevance of the disclosure of this topic is expressed in the fact that a cardinal judicial reform is currently unfolding in the country, which affects all lawyers in the country.

The object of research is legal ethics.

The subject of the research is professional ethics.

The purpose of the study is to consider the ethics of professional communication of a lawyer.

In this regard, the objectives of our study are as follows:

To reveal the concept, subject and principles of professional ethics;

Describe the ethics of speech behavior of a lawyer.

The theoretical basis of the study was the works of domestic scientists of civil law: Barenboim P.B., Reznik G.M. Barenboim P.B., Reznik G.M. "Advocacy as a defender of civil society" // Lawyer. - 2009. - No. 8. - 120 p.; Whatman D.P. Whatman D.P. Judicial speeches (in civil cases). - M.: Infra-M, 1989. - 244 p.; Volodina S.I. Volodina S.I. "Psychological and ethical features of defensive speech"//Home lawyer. - 2009. - No. 4. - 140 p.; Malinovsky A.A. Malinovsky A.A. "Code of Professional Ethics: Concept and Legal Significance"//Journal of Russian Law. - 2008. - No. 4. - 190 p.

The methodological basis of this work was formed by the principles of scientific character, objectivity and direct analysis of sources.

1. Concept, subject and principles of professional ethics

Specialists who deal with people by occupation are perceived by pupils, students, patients, accused, defendants, witnesses not only as performers of certain roles, but also from the side of their attractiveness, positive or repulsive human qualities. In particular, everyone who, by force of circumstances, is involved in role-playing communication with a lawyer expects from him not only a qualified (professional) performance of duties, but also a respectful attitude, which imposes a special measure of moral responsibility on the employee, makes increased demands on him as a person. This alone becomes the basis for the emergence of specific norms of behavior that regulate the performance of professional duties by people and stimulate their attention to self-education. The art of talking and receiving information: Reader / Comp. B.N. Lozovsky. M.: Infra-M, 2009. - P.22.

Professional ethics - as it is customary to call the code of conduct - ensures the moral nature of those relationships between people that follow from their professional activities. Despite the universal nature of moral requirements and the existence of a single labor morality of a class or society, there are also special norms of behavior for certain types of professional activity. The emergence and development of such codes is one of the lines of the moral progress of mankind, since they reflect the growth of the value of the individual and affirm humanity in interpersonal relations. The dignity and interests of representatives of a particular profession, ultimately, are affirmed by how consistently in their activities they embody the general principles of morality, specified in relation to the specifics of their work.

At the same time, practice shows that a formal, legally certified qualification alone is not able to ensure the success of the case. The possibility of entering into the spiritual world of a person by representatives of such professions as a doctor, teacher, lawyer, necessitates the existence of specific moral standards for such specialties, which, in addition to facilitating the successful implementation of professional functions, serve to protect the interests of the individual.

These norms are professional and ethical, because their emergence and assimilation are not directly determined by any institutional conditions (education, job position), and their mastery is ensured mainly by the culture of the individual, her upbringing.

Ethics is also understood as the practical implementation of these norms, the definition of people's behavior as ethical or non-ethical. Hence it is necessary to distinguish between ethics as an ideal and ethics as action. Now we are talking not only about ethics, but also about professional ethics. The presence in society of a special professional ethics or morality is one of the consequences of the historically established professional division of labor. For a number of professions, it turned out to be insufficient that their representatives possess certain labor skills. Along with this, they must also possess certain moral and volitional qualities, practice certain principles and rules of conduct in their environment, which, on the one hand, would regulate relations within the professional group, and on the other, the relations of the professional group itself to persons using its services. In some cases, this even required the development of special codes of conduct, which included rules, norms, commandments, and oaths. All this was aimed at maintaining a high professional level of activity, prestige, social value of the profession as such, inspiring confidence in it from the society. It cannot be considered accidental that perhaps the very first oath of allegiance to professional duty appeared in ancient times among people called to serve people.

Thus, the emergence and development of professional morality is directly related to the formation of a particular profession, in some cases it is a necessary element of professional training and professional activity. Because of this, professional morality is also of great social importance. Of course, not every profession has its own special morality. One can talk about the professional morality of a doctor, a lawyer, a teacher, but not a turner, a weaver, a fisherman, etc. Undoubtedly, for these professions there are well-known moral prerequisites, at least diligence, but, nevertheless, in this case we cannot talk about special professional morality, but only about labor morality in general. B.N. Lozovsky. M.: Infra-M, 2009. - P.25.

Both morality and law are a set of relatively stable norms (rules, regulations, etc.), expressing, to a certain extent, some universal ideas about what is fair and proper. These norms are universal and apply to all members of society. Despite the fact that the norms of law, with rare exceptions, are written, published, i.e., officially proclaimed by the state, and the norms of morality mainly live in the public consciousness, both morality and law are detailed systems of rules of conduct that cover almost the entire set of social relations. Law is divided into branches (criminal, civil, labor, marriage and family, international, etc.) and the norms of each of these branches are usually reduced to codes of laws.

Morality, in turn, includes sections that regulate this or that sphere of social relations, although there is no such clear distinction here. The most important difference between morality and law concerns the way in which people's behavior is regulated. The execution of the rules of law is ensured, if necessary, by coercive measures with the help of a special apparatus of justice, which is carried out by officials. The demands of morality are supported by the force of generally accepted customs, public opinion, or the personal conviction of individuals. Moral sanction is carried out by measures of spiritual influence, and not by individuals endowed with any special powers, but by the entire collective, social group, society as a whole. Most of the public relations are simultaneously regulated by the norms of both law and morality. Enikeev M.I. Fundamentals of general and legal psychology. M.: Infra-M, 2009. - S. 130.

As already mentioned, ethics affects all aspects of our lives. It has a beneficial effect on us, because it makes us analyze our actions, take responsibility for them, evaluate our own actions, and improve ourselves.

Moral culture is a qualitative characteristic of the ethical development and moral maturity of a person, manifested on three levels.

Firstly, it is a culture of moral consciousness, expressed in the knowledge of the moral requirements of society, in the ability of a person to consciously justify the goals and means of activity. This level depends on the worldview of the individual, ethical knowledge and beliefs.

Secondly, an extremely important level that ensures the internal acceptance of moral goals and means, internal readiness for their implementation, is the culture of moral feelings.

Regardless of the type of legal activity, the core principle of the professional morality of a lawyer is justice. Without this moral quality, activity in the legal field loses its meaning. Along with this, lawyers are required to: objectivity, impartiality, independence, respect for human rights and the “presumption of innocence”.

The principles outlined above occupy an extremely important place in the structure of the professional activities of a lawyer. Expressing the essence of professional activity, these principles are the strategy of his behavior.

Unlike the norms of public morality, the imperativeness of which must be considered taking into account specific circumstances, the principles of legal ethics - justice, impartiality, objectivity, independence and respect for human rights - express unconditional moral requirements, adherence to which is mandatory for a lawyer in all situations.

The higher the professional skill, the higher the ethical standards, but the higher the ethical standards, the higher the professional skill of a lawyer.

From a representative of the law, professional ethics requires incorruptibility, fidelity to the spirit and letter of the law, respect for the equality of all before the law. One of the humane principles of law is the "presumption of innocence" - the requirement to consider the accused innocent until his guilt is proved by the court. Incompatible with legality are interrogation methods that violate the norms of legal ethics - the use of anonymous denunciations as evidence against the accused, coercion to confess guilt by threats and force, the use of such a forced "confession" in proof of guilt. From a law enforcement officer, professional ethics requires a humane attitude towards the offender, providing him with maximum protection opportunities, using the force of law not only to punish, but also to re-educate the criminal. B.N. Lozovsky. M.: Infra-M, 2009. - P.31.

For the legal profession, the requirements of morality have a special meaning. The notion of highly moral principles is always associated with justice: justice, humanism, honesty, truthfulness, etc. Professional morality, however, cannot be reduced only to a specific refraction of general norms of morality in a particular activity. In any professional morality, there cannot be any special moral norms that would not follow from general moral principles. Thus, the rules on the inadmissibility of disclosure of data, preliminary investigation, lawyer secrecy, etc. are often cited as specific norms of morality of a lawyer, which supposedly constitute an exception to the general moral principles of truthfulness and sincerity. It should be noted that these rules are legal norms. Truthfulness and sincerity as moral principles cannot be considered in isolation from civic duty, and sometimes the legal obligation not to disclose certain information. Officials of the judiciary most acutely feel the problems of the morality of their profession, as they are more likely to encounter non-standard situations than others, as well as responsibility for certain decisions taken, because the consequences depend on them to a greater extent. And yes, the stakes are high. I must say that the culture and ethics of lawyers in all industries should always be at the "top".

From the understanding of the essence of professional morality follows the solution of questions about the development of judicial ethics, the expansion of moral principles in criminal proceedings. In the system of judicial ethics, a general and a special part are distinguished. The general part deals with: general provisions on ethics and professional ethics, the subject, methods, system and tasks of judicial ethics, the general meaning and specificity of moral relations in legal proceedings and corrective labor activities. The special part should include such issues as the features of the moral principles of the judicial investigation and the ethics of the investigator, the features of the moral principles of the trial and the ethics of the judge, the features of the moral principles of advocacy and the ethics of the lawyer, the features of the moral principles of expert research and the ethics of the expert, the features of the moral principles of corrective labor and the ethics of the educator of the ITU, the moral education and self-education of investigators, judges, prosecutors, lawyers, experts, educators of the ITU, etc. Judicial ethics is closely connected with the legal disciplines - criminal and civil processes - and not only with the science of procedural law, but also with the substantive legal sciences. Judicial ethics is designed to contribute to the moral education of society and, in particular, officials who carry out legal proceedings.

2. Ethics of speech behavior of a lawyer

Competent professional speech is a basic element of a common culture. Thanks to communication, you can get the information necessary for professional activities. “Luck is favorable to those who can communicate, get along with people, call them to a confidential conversation” The art of talking and receiving information: Reader / Comp. B.N. Lozovsky. M.: Infra-M, 2009. - S. 3..

A person spends 65 percent of his time in oral communication. According to American scientists, the average inhabitant of the Earth spends 2.5 years of net time on conversations. During this time, each of us manages to "speak" about 400 volumes of a thousand pages each. Japanese linguists found out that Japanese employees spend about half of their waking time on oral speech - seven hours a day, it takes 1.5 hours to read, and only 47 minutes to write Sokolova V. Culture of speech and culture of communication. M.: Infra-M, 2009. - P. 11 .. These data say that a thinking person (homo sapiens) has turned into a speaking person (homo eloquens). And at the same time there is a low culture of speech. At the mere thought of an upcoming report, negotiations or conversation with a leader, many people shudder, their mouths dry up, and fear appears. Quite recently, our citizens watched on TV how one minister shouted at another: “I don’t understand what you are saying! You are not at the Philharmonic, but at a government meeting. Unfortunately, this is heard all too often.

H. McKay in the book "The Road to the Top"Mackay H. The Road to the Top. M.: Infra-M, 2010. - S. 105.

spoke about the study "The 10 biggest fears of Americans." The #1 fear in America is performing in front of an audience. When people talk about it in lectures, people laugh and then nod their heads. Why is public speaking terrifying? This has a lot to do with feelings of insecurity. We are afraid to look stupid, realizing the imperfection of our own speech.

Since the speech of a lawyer has a certain social sound, there are increased requirements for it, the neglect of which negatively affects professional authority, we need to learn competent, understandable, logical, persuasive speech. Psychologists rightly assert that speech is an organ for the formation and formulation of thought. It is also known that if any organ or function of a person is inactive, they become unviable, atrophy. If a person performs professional functions in the “person-to-person” system, where employees of the internal affairs bodies rightfully belong, such a specialist must be specially taught to speak.

A lawyer who is fluent in speech has more opportunities to achieve professional success. There is no doubt that such a person is head and shoulders above everyone else. “No other ability,” says modern psychologist Chauncey M. Depew, “that a person can have, will not allow him to make a career with such speed, achieve recognition, as the ability to speak well.” Confirming this, the British business communication researcher M. Organ claims that the attitude of other people towards us is only 30 percent determined by what we say, and 70 percent depends on how we say it.

With all the conventionality of the above data, we emphasize that the professional speech of a lawyer is not just focused on understanding by other people in order to influence their consciousness and activity, as well as social interaction. It often acquires the most important meaning (accusation, defense, legislation, etc.). A lawyer is simply obliged in his speech to accurately and responsibly reflect the processes and phenomena of people's lives; content, meaning and significance of legal norms. He constantly has to resort to various speech forms, evaluate the features of the speech behavior of others. That is why speech training is so necessary for employees of the internal affairs bodies.

Effective verbal communication is the achievement of adequate semantic perception. What conditions contribute to the effective exchange of information? We list only a few: the need for communication; communicative interest; attunement to the world of the interlocutor; the proximity of the worldview of the speaker and the listener; knowledge of the norms of communication, etc.

Despite the fact that we claim that the word is what characterizes a person first of all, the antinomy is that the rhetorical rules of spiritual morality recommend not verbosity, silence, listening and inner concentration. In speech ability, one should separate "red-speaking" from the meaning, the content of speech. Shakespeare wrote: "Where there are few words, they have weight." Unfortunately, few people know how to speak briefly, to the point. Therefore, the first rule of the culture of speech behavior put forward by us is not verbosity. The speaker hurts himself by talking more and longer than the situation requires. A.S. Pushkin in "The House in Kolomna" wrote: "And who is talkative, the rumor will glorify him in an instant as a monster." Note that dashing speakers of all stripes are not able to conduct a dialogue with each other, negotiate, find a common language. However, they can talk for hours. Here, on this example, we can formulate the second rule: always know why you are talking. There is always a lot of idle talk in verbosity. Here is a small rhetorical parable: if you need to speak for 10 minutes, then you need a month to prepare; if you can speak for half an hour, two weeks are enough to prepare a speech; if you can talk endlessly, you can start speaking right now. The less content in speech, the more words. It doesn’t matter whether in everyday life or in the service we are surrounded by such “monsters”: it is not clear why and to whom the sea spilled out of words is said. They will definitely not listen to such speakers. Speaking of speech behavior, we are talking about communication through speech. Of course, you can communicate without words (a look, a gesture, a movement can say a lot). And yet, communication and speech are inseparable from each other in our minds. Tyutchev has marvelous lines in Silentium! (Silence): “How can the heart express itself? How can someone else understand you? It is clear - with the help of words. But words make sense if they are addressed to someone. It may even be the speaker himself, addressing himself; it can be a cat, a dumb, but understanding living being; it could also be a closet (remember Chekhov's?)... We see that the importance of the first rule "avoid verbosity" depends on the purpose of the speech. Knowing this goal, entering into a conversation, being aware of why you entered into it, is the second rule.

The third depends on the second. If there is a goal of speech - communication, then there is another goal - informing. So, the third rule - speak clearly and accurately. Speech is inaccurate if words are used in a sense that is not their own; if polysemy is not eliminated, which in turn generates ambiguity. For information, the content of what is said is important. That is, say only what is required for the case. And the fourth rule of the culture of speech behavior is connected with this - do not be monotonous. Expressive speech keeps the listener interested. Metaphors and epithets, figurative comparisons and rhetorical questions, weaving proverbs, sayings, popular expressions, quotations into the statement - all this makes our speech memorable. In different situations, different people listen to us, in each of the situations we should behave differently. The higher the culture of speech behavior of a person, the more speech roles he owns. Whoever does not know how to choose words in the current situation, he, of course, does not own the culture of speech behavior Sokolova V. Culture of speech and culture of communication. M.: Infra-M, 2009. - S. 22.

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The profession leaves an imprint on the speech of a person. B. Shaw once joked: "The profession is a conspiracy for the uninitiated." And therefore the next rule sounds like this: find a common language with any interlocutor. At least that's what you should strive for. If we do not create a positive communication climate that helps to establish contact in the process of communication, our verbal communication will not be effective.

communication ethics speech lawyer

3. Principles of speech communication

To create an atmosphere of trust, several important principles of verbal communication should be observed. The first - the principle of cooperation - was formulated by the founder of the theory of speech acts G. Price. It consists in the willingness of partners to cooperate. Speech without a listener is impossible. Price connects the quantity category with the amount of information that needs to be transmitted. Your statement should contain no less information than required, but no more. And the category of quality lies in the truth of the information: do not say what you consider false or what you do not have sufficient grounds for. The category of method is also important here: express yourself clearly, avoid ambiguity. G. Price noted: "The paradox of communication lies in the fact that one can speak the language and still be understood."

The second principle of effective verbal communication - the principle of politeness - was described by J. Leach. He noted the need to observe tact (not to touch on topics potentially dangerous for the interlocutor), generosity (not to bind the communication partner with obligations, oaths, promises), approval (positive assessments), modesty (no arrogance), consent (to avoid conflict situations).

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The principle of decentralization presupposes not causing damage to the cause for which the parties entered into interaction. Note that this is a frequently violated principle of communication. In this case, the forces of the communication participants should not be spent on protecting their interests, they should be directed to finding a solution to the problem.

In effective communication, it is very important not to damage what was said by deliberately distorting the meaning - the principle of adequacy.

In addition to the above, we note that for a favorable understanding of verbal communication, it is necessary to use such factors as: recognition in practice of pluralism of opinions, the presence of diverse points of view; giving everyone the opportunity to express their position; providing equal opportunities in obtaining the necessary information. Non-compliance with these factors, ignoring the named principles turn a constructive dialogue into a destructive one. Full and real understanding will not take place, this will cause a communicative failure. Our fifth rule is very important for a lawyer. The interlocutors should strive for consensus even if they are “on opposite sides of the barricades” (situations of negotiations with terrorists, for example). The ancients said: "Man is a wolf to man until he speaks."

The model “everything is nonsense that Mitrofanushka does not know” is an unjustified prohibition. Such a ban can be a limited person. Sometimes you should give up your personal tastes, but it is necessary to establish verbal communication.

To observe the culture of speech behavior means to comply with the norm. The norm is a phenomenon in itself generalizing and somewhat averaging, not always coinciding with individual tastes. The norm acts quite rigidly, it is set by the very system of a functioning language and is obligatory for those who speak and write. The norm is the same for all members of the language community. Teaching an outsider is not always clever. However, the use of a normalized pronunciation or a normalized use of a particular word in one's speech is often such a translation from non-normative speech to normative. What is important here is benevolence, respect for the interlocutor, and not instructiveness. When these important conditions are met, the imitation syndrome is triggered, since normative speech still always sounds, and even the "unprepared" ear hears it.

The next rule is to follow high samples. It should be noted that one should see the difference between the culture of language and the culture of speech behavior. The culture of the language teaches to use the correct language: the ability to decline numerals, to know the norms of stress, pronunciation (orthoepic norms), to take into account the order of words in a sentence (syntactic norms), the rules for using words in speech (lexical norms). All this is a commandment: own the culture of the language. This is the basis of the culture of speech. To do this, refer to dictionaries and textbooks. Fortunately, there are now a lot of different publications. So, on September 27, 2005, N. Shergina, a correspondent for Rossiyskaya Gazeta, in an interview with the dean of the philological faculty of St. Petersburg State University S. Bogdanov, said that the Dictionary of the Politician would soon be released, since the language culture had declined in all strata of society. “Language is a kind of glasses through which a person sees the world. Given that ministers and politicians are public people by their status, and therefore influence how society speaks, we can say that language is a factor in national security” Shergina N. “Russian with a Dictionary” // Rossiyskaya Gazeta. - 2005. - September 27.

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However, a person who knows how to use the language correctly does not always use this skill. The success of communication depends on the ability to properly use our invaluable wealth - language, and culture provides this ability, helps to master the norms of speech behavior. Our everyday use of language plays a culture-forming or culture-destroying role.

And here the next rule of the culture of speech behavior is appropriate - delicacy, politeness and benevolence. This rule is not even worth commenting on. The following is closely related to the above rule: know how to listen in addition to speaking. M. Montaigne remarked: “The word belongs half to the one who speaks, and half to the one who listens. It is absolutely unacceptable for a lawyer when he hears only himself, when he is deaf to the needs of the interlocutor, does not know how to follow the strategy and tactics of the conversation as a listener, does not know how to help the speaker to speak out with his reaction. In general, the lack of reaction to the word is a violation of the cultural norm of speech behavior. It is necessary to answer. Let not with a word - with a smile, with a gesture "Annushkin V.I., Muratova K.V. Rhetoric and diplomacy. M.: Knowledge, 2008. - S. 33.

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And the last rule - break any of the rules if it helps you achieve special expressiveness of speech, complete the task for which you entered into a conversation.

A person learns to speak well throughout his life. There is no magic medicine, after drinking which, you will speak correctly and beautifully. There are those who find it easy to learn eloquence. But there are quite a lot of those to whom the art of living speech is given with difficulty. But everyone needs to instill a taste for good speech, an aversion to illiterate, tongue-tied speech. This is the minimum worth fighting for.

Conclusion

At present, no one doubts not only the existence of professional ethics, but also the growth of its role in the regulation of various types of specialized labor. The circle of professions claiming their own moral codes is constantly expanding, at the same time, the desire to further specify professional norms and codes of conduct is growing.

Professional legal activity is complex and multifaceted.

Its psychological analysis always makes it possible to single out a number of stages through which the movement towards the final goal, the establishment of truth, took place. In varying degrees, the following aspects can be distinguished in professional legal activity: search (cognitive), communicative, certifying, organizational, reconstructive (constructive), social.

In each of the above parties, the corresponding personal qualities are realized, ensuring the success of the activity.

The activity of a lawyer is a multilevel, hierarchical phenomenon. At each level, the achievement of the goals inherent in this level is ensured by the corresponding personal structures, and their achievement provides the opportunity to move on to achieving the goals of high levels of activity.

List of used literature

2. Annushkin V.I., Muratova K.V. Rhetoric and diplomacy. M.: Knowledge 2008 290 p.

3. Barenboim P.B., Reznik G.M. “Law as a defender of civil society”//Lawyer. - 2009. - No. 8. - 120 s.

4. Whatman D.P. Judicial speeches (in civil cases). - M.: Infra-M, 1989. - 244 p.

5. Volodina S.I. "Psychological and ethical features of defensive speech"//Home lawyer. - 2009. - No. 4. - 140 s.

6. Ivakina N. "Fundamentals of judicial eloquence (rhetoric for lawyers)" / Study Guide, 2nd ed. M.: Infra-M, 2009.- 220 p.

7. The art of talking and receiving information: Reader / Comp. B.N. Lozovsky. M.: Infra-M, 2009. - 210 p.

8. Korenevsky Yu.V. Public Prosecution in the Conditions of Judicial Reform (Procedural, Tactical and Moral Aspects): Methodological Guide. M.: Infra-M, 2009. - 240 s.

9. McKay H. Road to the top. M.: Infra-M, 2010. - 170 s.

10. Malinovsky A.A. "Code of Professional Ethics: Concept and Legal Significance"//Journal of Russian Law. - 2008. - No. 4. - 190 p.

11. General psychology Ed. Petrovsky A.V. - M.: Jurist, 2010. - 290 p.

12. Sokolova V. Culture of speech and culture of communication. M.: Infra-M, 2009. - 320 s.

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Ethics of professional communication of a lawyer. Culture of speech and professional ethics of a lawyer Culture of speech in professional activities

Introduction

1. The concept of office etiquette of a lawyer

2. Characteristics of the features of the office etiquette of a lawyer

2.1. Appearance as an integral part of a lawyer's official etiquette

2.2. Lawyer speech etiquette

culture speeches (17)

culture speeches in professional activity

culture speeches (15)

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Introduction

The relevance of the disclosure of this topic is expressed in the fact that a cardinal judicial reform is currently unfolding in the country, which affects all lawyers in the country.

The object of research is legal ethics.

The subject of the research is professional ethics.

The purpose of the study is to consider the ethics of professional communication of a lawyer.

1. Concept, subject and principles of professional ethics

2. Ethics of speech behavior of a lawyer

H. McKay in the book "The Road to the Top"Mackay H. The Road to the Top. M.: Infra-M, 2010. - S. 105.

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communication ethics speech lawyer

3. Principles of speech communication

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In effective communication, it is very important not to damage what was said by deliberately distorting the meaning - the principle of adequacy.

The model “everything is nonsense that Mitrofanushka does not know” is an unjustified prohibition. Such a ban can be a limited person. Sometimes you should give up your personal tastes, but it is necessary to establish verbal communication.

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And the last rule - break any of the rules if it helps you achieve special expressiveness of speech, complete the task for which you entered into a conversation.

Conclusion

Professional legal activity is complex and multifaceted.

In each of the above parties, the corresponding personal qualities are realized, ensuring the success of the activity.

The activity of a lawyer is a multilevel, hierarchical phenomenon. At each level, the achievement of the goals inherent in this level is ensured by the corresponding personal structures, and their achievement provides the opportunity to move on to achieving the goals of high levels of activity.

List of used literature

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