Lawyers Must Master Nuances of Language

Excerpted from Lay Words for Lawyers: Analogies and Key Words to Advance Your Case and Communicate with Clients

By William Drennan

Some words and phrases pack more emotional punch than others. Below is an example of analyzing a phrase and how you can employ it at trial.

Sisyphean burden

Client/juror/witness age range: All ages

Explanation: In Greek mythology, King Sisyphus of Corinth was condemned eternally in Hades to roll a heavy rock up a steep hill, only to have it roll down again as it nears the top.

Application: To establish that one should not be penalized for being put, in effect, in a no-win situation.

Example: "My client faced an impossible task. As chief financial officer of the company, he was tasked with investing and spending the company's funds wisely. But when he became CFO, the company had a crushing debt burden. He made money for the company, but the debt interest wiped it out. My client truly had a Sisyphean burden. The board of directors, looking for a scapegoat, fired him for not making a net profit."

Sponsoring Entity:

ABA General Practice Solo and Small Firm Division