Language and Listening

What problems can arise in the solicitor-client relationship?

Your client's ability to give you proper instructions may be impeded.

Your ability to obtain the appropriate remedy may be hindered by erroneous information and missing facts.

You may face misunderstandings between you and your client.

Delay, mistake, and embarrassment are typical consequences when poor client relations is not addressed. Other consequences include insurance claims against you and complaints to the Law Society about you.

Sources of Complaints to Law Society

The top categories of complaints to the Law Society are:

general
delay
excessive fees
failure to respond or communicate
rudeness of lawyer

Failure to communicate is on the extreme end of the continuum of communication. Poor communication undoubtedly contributes to the other sources of complaints as well.

Reports of Claims to the Insurer

The top causes of claims being reported to the Law Society's Insurance Department are:

poor client communication
insufficient review of the file.

The most frequent issue relates to the nature or scope of the retainer. Over one-third of the reports arose from a dispute over instructions. The second most frequent issue was failure to carry out instructions.

The General Effect of Miscommunication

The above pattern of claims and complaints is a key motivation for enhancing communication to improve client relations. The experience of resolving claims and complaints shows that when a client's expectations are high or are raised by advertising, and the lawyer fails to deliver on effective communication, there are two results:

The problem is less amenable to solution than other sources of claims and complaints.

There is a backlash against lawyers generally - the opinion is formed that lawyers are heartless and careless of clients' concerns and needs.

Client Expectations

In 1992, the Law Society of Upper Canada found that "When selecting a lawyer to represent them, the public attaches the greatest importance to lawyers' interpersonal skills, especially the ability to communicate with clients". And, depending on the skill questioned, one-third to one-half of people rate lawyers poorly on their ability to communicate. In particular, a high proportion of people thinks that lawyers' inability to effectively communicate is the source of complaints about high fees.

A 1993 US study tested public attitudes for the American Bar Association. Questioned about lawyers' communications, nearly 50% of people whose lawyers frequently or occasionally used legalese would not return or make referrals to those lawyers. The public expressed concern over lawyer's interpersonal skills: 11% said their lawyer had been rude to them and 22% felt their lawyers had shown no concern for them as persons.

In addition to those clients who take formal steps to complain, some of your clients will never recommend you or come back to you if you do not communicate effectively - concerning both the content and the emotional quotient of the relationship. And, unless you monitor these relationships, you may never know about it.

What Can You Do

Lawyers must strive to successfully communicate legal information to their clients who do not have the same information-processing skills or patterns. There are several easy ways to immediately improve your client relations. Consider:

improving your listening skills
using plain language
varying your communication styles

Listening Skills are Crucial

Take the following test to see if you need to improve your listening skills. Answer yes or no.

When a problem arises at work, do you often react before gathering all the facts?
After you receive the answer to a question and the other person starts talking about an unrelated subject, do you lose interest?
Do you have a tendency to daydream at a meeting after you have made your statement or completed your presentation?
Do you often finish statements for the slow, deliberate talker in the interest of saving time?
Do you view listening to a coworker's personal anecdote as more of a waste of time than an opportunity to gain insight into his or her personality?
Do you feel uncomfortable asking coworkers if they understand your instructions?
If you received word that a layoff was imminent, would it preoccupy your thoughts during subsequent work-related discussions with coworkers for the remainder of the day?
When a client is confusing you, are you hesitant to ask clarifying questions?
Do you become nervous or apprehensive in the presence of the senior partners in your firm?
Are you a good listener?

A “yes" answer to any of the first 9 questions means you need to work on improving your natural listening tendencies. Improve your skills to improve your ability.

More than 75% of good listeners will answer "No" to question 10 because the better you listen, the more you learn about how much effort it takes.

Use Plain Language

Plain language is language that is clear and readily understandable to the intended readers. Plain language process considers the reader's needs and knowledge about the subject to determine the most effective way to communicate the intended message.

The Ten Commandments for Plain Language Drafting

The Decline and Fall of Gobbledegook, 1991, The Canadian Bar Association/Canadian Bankers' Association

Consider your reader and write with that reader's point of view in mind.
Write short sentences.
Say what you have to say, and no more.
Use the active voice.
Use simple, "everyday" words.
Use words consistently.
Avoid strings of synonyms.
Avoid unnecessary formality.
Organize your text: in a logical sequence, with informative headings, and with a table of contents for long documents.
Make the document attractive and designed for easy reading.

The Power of Words

Some words that you consider plain and ordinary or legitimate terms of art are jargon words that cause your clients difficulty. The following list has posed problems for clients.

appeal
conduct of a lawsuit
conflict of interest
contingent fee
damages
deliveries
disbursements
diverge
enforcing
entitled
examination for discovery
interim application
issuance of a writ
legal fees
litigation
order
out-of-pocket
paralegal
parties
settlement
registry searches
substantial disbursements

How often do you use these words in client communication?

Adapted from A Crash Course in Communicating Clearly: Meeting client needs for clear and understandable information, 1997 Plain Partners plainlanguage.com with permission.