Be a Clear Lawyer
'The lawyer’s task is not to add to the fog but to cut through it. We are called upon to make what is confusing understandable. This is as much a service to justice as it is to the client.'
Jim Vickaryous: 'The Florida Bar emphasizes professionalism and civility, and both values depend on clarity. A lawyer who is unclear in drafting discovery responses burdens the court and opposing counsel. A lawyer who is unclear in advising a client risks ethical violation when the client makes decisions without full understanding . . . . If a lawyer cannot be understood, the lawyer cannot be trusted.'
My favorite Italian restaurant is conveniently a short walk from my law office. It has a common name. So common that just a few miles away there’s another Italian restaurant with the same name. I have on many occasions asked a friend to meet me for lunch at my favorite Italian place. Every now and then, after sitting alone for a while, I will text my lunch date to make sure they’re okay, only to find out they have been waiting for me at a table at the other restaurant. I now make sure to be clear to meet for lunch at the Italian place next to my office, not the other one with the same name. The failure to be clear certainly will not make you go hungry, but it can cause some momentary loneliness.
Being clear is a gift that requires effort. We have all listened to someone talk for a long time, wondering what they meant. Some have a gift for saying much and confusing all. Shakespeare knew a thing or two about clarity, having Polonius in "Hamlet" say, “Brevity is the soul of wit,” and a minor character in "Henry V" proclaim, “Men of few words are the best men.”
Clarity is the starting point in the law. There is always much distraction in life and work. The law calls these distractions “collateral” matters. The best lawyers can quickly separate the important from the collateral. People come to lawyers for clarity. We owe it to our clients and all around us to be clear.
Lack of clarity is not a small flaw. It is destructive. It breeds confusion, delays justice, and erodes trust. When a lawyer writes or speaks without clarity, the consequences extend far beyond the moment. People misinterpret. Clients grow anxious. Judges become frustrated. Opposing parties find room to exploit the uncertainty. What should have been resolved cleanly becomes tangled. Clarity is not optional in law. Clarity is king.
Confusion is the enemy. Every lawyer has seen how confusion seeps into cases and corrodes outcomes. A client hears one thing, but the lawyer means another. A witness testifies in vague language, leaving space for misdirection. A court order uses imprecise terms, and years later lawyers are left arguing over what the judge must have intended. Confusion is more than inconvenience. It creates injustice.
Uncertainty is the opposite of clarity. Uncertainty is okay. Indeed, most conflict occurs because of uncertainty on both sides. In other words, the lack of clarity itself can create divisions. It is our job as lawyers to weed through the uncertain and create as much clarity as possible. The military is very good at creating clarity of purpose. Locations are given in eight-digit grid coordinates (accurate within 10 meters). Orders are given in writing. The chain of command is clear. In his book "On War," philosopher Carl von Clausewitz defined war as the “realm of uncertainty.” Clausewitz called uncertainty “the fog of war” and posited that the victor is often the leader that has clarity of information and then communicates a clarity of purpose. Uncertainty is an opportunity for a lawyer — our work is to make things as clear as possible.
Sometimes we don’t know what our goal is — we need time to reflect so that we can be clear to others.
Clarity is the antidote. To be clear is to respect the audience, whether that audience is a client, a court, or a colleague. The first step in communication is making sure the other person understands. Without clarity, there is no persuasion, no teaching, and no trust. People gravitate toward those who can speak plainly and write with precision. In a world overflowing with complexity, clarity is refreshing. It is not a sign of oversimplification but of mastery.
Clarity also requires emphasis. An important point cannot be made once and forgotten. People need to hear it again, sometimes multiple times, for it to take root. The repetition must be deliberate and woven into the structure of the communication. A trial lawyer does this with a theme that resurfaces in opening, in examination, and in closing. A transactional lawyer does this by reinforcing the central obligations of the contract at key points in the document, especially at the beginning, otherwise known as the recitals. Repetition, when done with care, strengthens clarity rather than diluting it.
Ambiguity is clarity’s opposite. It is the most dangerous flaw in a legal document. An ambiguous can divide families. An ambiguous contract can bankrupt a business. Ambiguity does not simply leave questions unanswered. It plants traps for future conflict. Lawyers who allow ambiguity to stand often leave behind disputes that others must untangle. The very purpose of law is to bring certainty where there would otherwise be uncertainty. Ambiguity undermines that mission. Ambiguity creates unnecessary enemies.
It's worth remembering that people hire lawyers precisely because things are unclear. They bring us questions that cannot be answered easily. Sometimes they already know the law but want reassurance that their understanding is sound. More often they are lost in a web of statutes, regulations, and obligations that make little sense without guidance. The lawyer’s task is not to add to the fog but to cut through it. We are called upon to make what is confusing understandable. This is as much a service to justice as it is to the client.
For Florida lawyers, clarity holds particular importance. The Florida Bar emphasizes professionalism and civility, and both values depend on clarity. A lawyer who is unclear in drafting discovery responses burdens the court and opposing counsel. A lawyer who is unclear in advising a client risks ethical violation when the client makes decisions without full understanding. Even the Oath of Admission taken by every Florida lawyer speaks to honesty and fairness. These qualities cannot exist without clarity. If a lawyer cannot be understood, the lawyer cannot be trusted.
The history of our profession shows that clarity has always been honored. Sir William Blackstone wrote in defense of plain English in the law. Oliver Wendell Holmes valued the crisp, memorable phrase that distilled a rule to its essence. Judge Cardozo’s opinions continue to be cited not only because of their reasoning but because of their clarity. These jurists knew that the law is not served by obscurity. It’s served by words that illuminate.
Practical habits can help. Read your own writing aloud. If you cannot follow it easily, neither will your audience. Ask yourself whether every word contributes to meaning or whether some only fill space. When advising a client, pause and invite questions to see if clarity has actually been achieved. When speaking in court, do not rush through the central point. State it slowly, directly, and then state it again in a different way. These are simple practices, but they guard against the drift into vagueness that undermines lawyering.
In the end, clarity is not just about winning cases or avoiding disputes. It’s about integrity. A clear lawyer respects the time, attention, and trust of others. A clear lawyer honors the profession by speaking and writing in a way that illuminates rather than obscures. A clear lawyer makes justice possible by ensuring that the truth can be seen without distortion. Let’s swiftly move through the fog, and all resolve to be clear lawyers.
Jim Vickaryous is the managing partner of the Vickaryous Law Firm in Lake Mary and represents the 18th Circuit on The Florida Bar Board of Governors.
