Working With Lawyers by Cheryl Stephens, Canada
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This document provides advice for plain language experts on how to work effectively with lawyers. It discusses that lawyers write legal documents for daily business and establishing rights/duties. Lawyers tend to be skeptical, pessimistic, cynical, wary, left-brained, and value technical competence over emotional intelligence. They want critical analysis and are uncomfortable with praise. Lawyers are also traditional, risk-averse, want quick decisions, value structure/organization, and hear things literally. Plain language experts should show respect for legalities, write for clients/public, prove their points with examples, and appeal to lawyers' sense of justice as achieving expected outcomes rather than abstract ideals.
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Working With Lawyers by Cheryl Stephens, Canada
- 1. Working with Lawyers Advice to Plain Language Experts from Cheryl Stephens
- 2. Clarity International http://www.clarity-international.net/ This is based on an article in Clarity Journal #66
- 3. Cheryl Stephens The Plain Language Wizard
- 4. Scourge
- 5. Helping Lawyers • The nature of lawyers’ writing tasks • How to work with the lawyer temperament • Work more effectively with lawyers
- 7. Legal Writing Product Lawyers write 2 kinds of documents • Part of daily life or business • Creating rights and setting up duties
- 9. What Is Legal Drafting 2 types of drafting: •Transactional--dealings between people • Legislative--between people and governments
- 10. Legislative
- 11. Research on Lawyer Personality Lawyers are different from the most common personality types in the general population.
- 12. There is a Typical Lawyer
- 13. Lawyers who don’t fit pattern go into other fields of law
- 14. Lawyer Attitudes Lawyers are • Skeptics • Pessimists • Cynics • Wary Be prepared emotionally.
- 15. Lawyers Are Left-brained Technical competence Valued over emotional intelligence. Accept the lack of rapport, cold reserve, and lack of interpersonal connection.
- 16. Don’t Expect Warmth Sandor Weisz photo
- 17. Lawyers Want Critical Analysis • Primed to criticize. • Not likely to see the positive. • Trained to expect the worst. Uncomfortable saying anything positive. You must not expect praise.
- 19. Lawyers Are Traditional Won’t see benefit of change involving risk. Risk-averse by nature. epSos .de photo
- 20. Constant High Urgency • Need quick conclusion. • A quick decision, likely a “no”. Allow time for careful thought.
- 21. Put It in Writing
- 22. Independent and Autonomous • Not team players. • Competitive. • Profession rewards individual performance.
- 23. Lawyers want to control when and how they invest time, complete tasks, and adopt new techniques.
- 24. By Nature Adversarial –Tolerant of conflict. –Aggressive by training. –Sensitive and thin-skinned. • Don’t get defensive or emotional. • Don’t make it personal. • Appeal to competitive nature.
- 25. Crave Structure and Organization • Hate disorganization, inefficiencies. • No patience for the planning. • Need detail. • Want clear objectives.
- 27. Create a Work Plan Schedules, closure on decisions, planning, follow through, and a "cut-to-the-chase” approach. Stick to deadlines. Expect the lawyer to do the same.
- 28. Organize Communication Process Get lawyer involved early in the process, but get client permission. Mike Licht, NotionsCapital.com photo
- 29. Protocol of Communication • Recruit intermediaries. • Try to connect with the lawyer. • Be aware: They hear things literally.
- 30. You can work more effectively with lawyers
- 31. Show Respect for Legalities
- 32. You Write for the Client or Public Low High
- 33. When Persuasion Is Needed Provide examples of plain language. Clarity increases precision. Not an experiment: an economic or market imperative.
- 34. Prove Your Point Words and Phrases Judicially-Considered
- 35. Lawyers’ Concept of Justice Justice means achieving well-defined and expected outcomes. Abstract ideal of justice not a motivator. Get them to share a goal – like access to justice.
- 36. Cheryl Stephens Plain Language Wizard PlainLanguage.com E m a i l @ cherylstephens.com PlainLanguageWizardry.com