The Plain Language for Lawyers Podcast 

The Plain Language for Lawyers Podcast explores the connection between plain language and access to justice. Each week, we feature insights from plain language experts, researchers, policy writers, and private practice lawyers. 

The first episodes will go live in September and be available on Substack, Spotify, and Apple Music. Sign up for our mailing list and be the first to know when the podcast is live! 

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Our new Spruce Content online workshops will help lawyers apply plain language to their legal practices. This introductory workshop will help you improve communication, save time, and promote access to justice. 

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Using gender-inclusive language can seem daunting if it isn’t something you’re used to. But in reality, a few small adjustments can make all the difference.

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What’s wrong with gendered language?

Gendered language is the use of any words that imply gender. In English, the most common way to imply gender is through the use of either gendered nouns (ie: waitress or workman) or gendered pronouns (ie: he or she). 

Gendered language can:

• Disrespect clients who do not identify with a gender binary.

• Perpetuate harmful stereotypes about sex and gender.

• Alienate clients of any gender.

What are the benefits of  gender-inclusive language?

Gender-inclusive langauge can:

• Make clients feel seen and respected in their identity and humanity.

• Reinforce principles of equity and equality in law.

• Help clients feel supported.

• Show that you are up-to-date with contemporary communication practices. 

How to use gender-inclusive language

You can make your language gender-inclusive by employing a few simple methods to shift your approach to gender in language. The following is a condensed and simplified version of the Government of Canada’s recommendations for gender-inclusive language in the legal sector. 

Use gender-neutral nouns. 

Often, the gender of a person being referenced or described does not add anything to what you’re trying to communicate. In this case, it’s best to use gender-neutral nouns. For example:

Instead of policeman or policewoman, use police officer. 

Instead of mother or father, use parent. 

Use names, not gendered roles. 

In some legal documents, people are referred to by the gender roles they occupy in a relationship. Replacing gendered roles with names is clear and avoids gendered implications. It also recognizes that the people referred to are not defined by the roles they occupied in the relationship. For example:

The husband and wife agree that they will divide decision-making responsibilities. The wife will decide matters of education and religion while the husband will decide matters of health and culture. 

Aisha and Pas agree that they will divide decision-making responsibilities. Aisha will decide matters of education and religion while Pas will decide matters of health and culture. 

Repeat the noun.

A simple way to avoid gendered language is to repeat the noun rather than using a pronoun. In the following example, you repeat the noun “my client” to avoid using the gendered pronoun “she”. 

My client feels that a midweek access visit would be too great a disruption to the children’s routines, particularly if she is required to assist with transportation.

My client feels that a midweek access visit would be too great a disruption to the children’s routines, particularly if my client is required to assist with transportation.

Use the singular “they.”

The use of the singular “they” is accepted by the Justice Department and well understood by the public. Replacing the gendered pronouns “he” or “she” with “they,” or “his” or “hers” with “their,” is an easy and smooth transition. For example: 

The support payor must establish that he or she has a prima facie case on his or her motion to change.

The support payor must establish that they have a prima facie case on their motion to change. 

Replace possessive pronouns.

Possessive pronouns like “his” or “her” can often be replaced by non-gendered words such as “the” or “a” without losing meaning. For example: 

My client has filed a copy of her parenting plan with the court registrar. 

My client has filed a copy of the parenting plan with the court registrar.

(In this case, non-gendered wording may also be more accurate.)

Re-structure your sentences. 

Sentences can often be restructured to avoid the use of gendered words. The most common ways to do this are to either use passive voice or change a subordinate adverbial clause. For example: 

She must include a copy of the parenting plan in the application. 

A copy of the parenting plan must be included in the application.  

Or,

If the defense attorney is satisfied by these terms, he should… 

If satisfied by these terms, the defense attorney should… 

Make sure that your re-structured sentence isn’t too ambiguous to be clearly understood. If you can’t restructure a sentence to avoid pronouns, consider repeating the noun or using the singular “they” instead. 

Common questions… 

If I know someone’s gender, why should I avoid it?

Gender-neutral language helps to take any gender-based implications out of your communications. It isn’t only used in cases where gender is unknown. Gender-inclusive language is preferred unless the person’s gender is directly relevant to your communication.  

If you’re referencing a person’s child, does it matter whether they are a son or a daughter? 

If you’re referencing a police officer, does it matter whether they are a man or a woman? 

Sometimes, the answer may be yes, if the person’s gender is directly relevant to the case. But if not, gender-neutral language will do the trick. 

When should I use a person’s gendered pronouns?

In some circumstances, using a person’s gendered pronouns is appropriate and appreciated. Many people may wish to be referred to with gendered language. 

For example, if someone is transgender, using their proper pronouns shows that you affirm and respect their gender. Using exclusively “them/them” pronouns for a trans person may suggest that you are denying their identity. 

Gendered language is not always bad, especially in casual communications. As a rule of thumb, if you are referring to a specific person whose gender and pronouns you know, it is appropriate to use them. 

But if using gendered language, especially in formal communications, may suggest gendered implications, it is best to avoid it. 

What if I don’t know someone’s pronouns?

If you’re unsure about a client’s pronouns or the pronouns of another person relevant to the case, ask! For example, you could say, “excuse me, what pronouns do you use? I want to make sure I refer to you correctly.”

If you don’t know someone’s pronouns and they are not a key person in your case, you can generally refer to them using the singular “they”. 

What if I misgender someone?

Mistakes happen. If you become aware that you’ve been misgendering someone, apologize quickly and calmly, thank them for bringing it to your attention, and try to avoid doing it again. 

Takeaway. 

The key to using gender-inclusive language is avoiding gendered terms when they are not necessary or relevant. This doesn’t mean that you can never use “she” or “he”; you should simply be aware of possible gender-based assumptions implicit in your use of gendered language, and avoid it where possible. 

Certain methods of avoiding gendered language are more appropriate to certain situations. Play around with the examples listed in this article to find the methods that are most comfortable for you and appropriate for your conext. 

And remember, leading with curiosity and respect will go a long way!

For more information about inclusivity, check out this great resource from Legal Info Nova Scotia: Moving Beyond the Binary: A Guide on How to Make Your Organization

Meaningfully Inclusive of Two-Spirit, Trans, Non-Binary, and Gender Diverse People.

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Full access to justice requires a whole-system approach; the legal process is not the responsibility, nor within the capacity of individual lawyers. However, individual lawyers can make a significant difference in the lives of their clients and their communities and they can also advocate for fairer systems and policies. 

Access to justice is not just legal aid or pro-bono work. It is a wide-ranging issue that includes legal aid, legal literacy, anti-discrimination policies, and much more. 

Through various projects and initiatives, we’ve listened to many lawyers in the private and public sectors about how they are taking steps towards better access to justice in their clients and/or communities. Here are some of the insights we have heard over the years.

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How can I support access to justice?

Know the supports available to help people navigate the justice system. 

Familiarize yourself with the support available in your community. There are likely many organizations and agencies that can support your clients, such as Indigenous justice groups, identity-based justice groups, family supports, and legal information organizations. 

Work on better communication with your clients.

Incorporating plain language into your practice is a simple and effective way to support access to justice for your clients.

Issues like literacy rates, disabilities, language skills, or client alienation and trauma should not pose a barrier to an individual’s ability to receive counsel. But unless you specifically take these issues into account when working with clients, simply providing representation may not be enough to ensure true access to justice. Practicing plain language helps to bridge this gap. 

For more information about using plain language in emails, check out our post Re: Email Clients in Plain Language. 

For more information about effective client interviews, check out our post Getting More from Client Interviews. 

For insights about trauma-informed practice, consider listening to The Trauma Informed Lawyer.

Consider recurring, organized pro-bono work. 

Pro-bono work is a great way to the reduce financial barriers to accessing justice. If it’s within your capacity, consider adding recurring pro-bono work to your schedule.

Reach out to your lawyer referral service about opportunities for impactful pro-bono work. 

Support a community-based cause. 

Or, consider providing volunteer legal advice to a charity or local community organization. Many community-based causes could use a lawyer’s services. Lawyers bring helpful skills to the table on issues such as human rights, poverty law, healthcare, LGBTQIA2S+ rights, housing, and student success, among others. 

Lending your expertise to support the rights of a marginalized community can lead to better access to justice for that community. 

Talk to other lawyers and service providers. 

Talking openly about access to justice allows you to learn from others and share what you already know. 

Advocate for fairer systems and policies where possible. 

Does your province’s Law Society have an access to justice committee or task force? Get involved! This is both an opportunity for you to learn more about access to justice and to contribute to an important cause.

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But client interviews aren’t as simple as just checking off a list of questions. 

Asking questions in the wrong way can lead you to make assumptions, put your clients on the defensive, or make them feel judged. This can cause a breakdown in trust, making it hard to get accurate information from your clients. You might also miss an opportunity to build rapport or cast your net too small, both of which can result in missing crucial information. 

Asking questions in the right way will save you time and improve your relationships with your clients. Thoughtful, sensitive client interviews yield more accurate information and avoid those nasty surprises and last-minute rushes to account for unexpected information.

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Our Top Tips for Effective Client Interviews 

Build rapport to set the tone.

While this conversation may be business as usual for you, it likely isn’t for your client. To put your client at ease, make eye contact and use positive, open body language. 

Don’t open the interview by bombarding your client with specific, complicated questions.

Instead, start your dialogue with open-ended questions, such as “What brings you here today?” or “What would you like me to help you with?”. 

Don’t make assumptions. 

It is important to respect and maintain your client’s individuality. You may have seen dozens of similar cases in the past, and it’s easy to make educated guesses based on pattern recognition. However, making assumptions about your clients can lead to unfair stereotyping and a breakdown in trust. 

Don’t ask pointed questions like “Why did you leave your husband?” which could make a person feel misunderstood or uncomfortable. 

Instead, say, “Tell me about how your relationship ended.” Open-ended questions help you to get more from your client and prevent stereotyping. 

Don’t put your client on the defensive. 

If your client is under stress, they are more likely to get defensive. This can cause your client to put up walls, evade questions, or withhold critical information. To avoid defensiveness, take a neutral tone when asking questions.

Don’t ask questions like “You didn’t put that in writing, did you?” which can make your client feel criticized or reprimanded. 

Instead, ask, “Was that over the phone or in an email?” A calm, neutral tone will help your client to trust you and, consequently, be more honest with you.  

Don’t Avoid Difficult Questions.

Don’t soften hard questions or avoid asking about sensitive topics. You may do more harm than good by missing out on vital information. If you’ve built a solid foundation of trust with a client, you should be able to ask them hard questions without causing undue distress. 

To represent your client fully, you need them to be open with you.

Create opportunities for your client to share more. 

It can be easy to assume that you understand the scope of a legal issue, especially if you have seen many similar cases in the past. But it’s important to remember that each person’s story is personal and unique. Keep an open mind, approach every case independently, and make sure your client has time to ask you questions.

Be attentive to your client’s tone and body language. If they hesitate when answering a question, ask, “Is there something more you want to add?”

At the end of a discussion, ask, “Is there anything we didn’t discuss that is important to this case?”

Conclusion 

Building trust is key to a successful professional relationship with a client, especially in the early stages. You may feel that asking blunt questions is necessary to get the information you need, but if your client starts to feel defensive or uncomfortable, it will likely lead to them being less honest about the things that matter.

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These moments can be frustrating. Doesn’t your client understand how important this is? Do they want to make representing them harder? 

Often, your client doesn’t mean to ignore your requests. They might just not understand what you’re asking for. Luckily, you can take steps to make these frustrating moments less likely. The following samples show how plain language can improve your emails. 

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Before — Not Plain Language

The following email example contains everything you need to communicate with your client, but it includes unnecessary information and complex language.

Dear client, 

This memo is a follow-up pertaining to our recent discussion regarding your access to our special unbundled service offer. After having discussed your particular concerns with my colleagues, I have determined that you are eligible for unbundled services. Accordingly, I am attaching a contract and release form for your completion. In order to begin working on your file, I will need some additional information; namely, what actions you have already taken regarding your legal issues and whether there has been any other legal counsel representing you on any aspect of this issue. Kindly attach your completed documents to your response to this email along with any relevant documentation such as parenting or cohabitation agreements. 

Yours Etc.

After — Plain Language Email

This plain-language version includes only what your client needs to know and provides clear, uncomplicated directives.

Dear client, 

I am following up to confirm that you are eligible for unbundled services. Before we move forward, I need some more information from you. 

Please email me the answers the following questions:

• What actions have you already taken on these legal issues?

• Has there been any other legal counsel representing you on any aspect of this issue?

When you respond to this email, please attach your:

• Signed contract.

• Signed release form.

• Any parenting or cohabitation agreements.

Thank you. 

How to Plain Language Your Emails

Know Your Audience. 

Knowing your audience is key to any type of successful communication. When writing emails to clients, consider their:

• Literacy level.

• Expectations from your communication.

• Level of stress or distress.

• Availability.

• Prior knowledge.

Focus (Don’t ramble).

Take the time to identify the main point of your communication. Make sure you understand what you are trying to communicate, and what you are asking for from your client. 

Before hitting “send,” read-through your email to check if you included any unnecessary information. Cut any words or sentences that aren’t useful. Clutter makes it difficult to identify and engage with key information. 

Use short sentences. 

Simple is best when it comes to sentence structure. If you can split a sentence in two, do it.

Ask yourself if adjectives and adverbs are necessary. For example, words like “really” and “very” should be used rarely.

Use active voice. 

Active voice is direct. 

For example, “parents must provide their children with financial support.”

Passive voice is indirect.

For example, “financial support must be provided to children by their parents.”

Passive voice de-emphasizes responsibility. Sometimes lawyers use passive voice intentionally to avoid or minimize attribution. This may be appropriate in various situations. But when you are speaking with a client, it can be confusing and misleading.

Active voice is clearer and makes obligations unavoidable. Use active voice to ensure your client understands their rights and obligations.

Format to guide your audience.  

Well-organized information is easier to digest and follow. Good formatting will guide your client’s eyes through your email, pointing them towards your key points and directives. 

Use bulleted lists for clarity, and white space to provide visual relief. Break up long paragraphs into smaller paragraphs.

Remember — Keep it Plain Language

Using plain language in emails will benefit your client and yourself. Plain language: 

• Promotes understanding 

• De-escalates and reduces stress

• Increases compliance

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Legal outcomes and client rapport improve when you speak to clients with care. Clients who understand your advice are generally more likely to follow it. Clients also feel more respected if they can tell their understanding is your priority.

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Tips for Centring Your Clients in Meeting

Remember your audience. 

Does your client understand the context underpinning your advice? Are they able to follow complex language? If your client is not a legal professional, they will likely experience some difficulty understanding legal information. Try to state all important information clearly, without legal jargon. Define all legal terms or acronyms. 

Be clear without being patronizing. 

Communicating clearly does not mean talking down to your client. Remember that many factors may impact language comprehension or delivery. For example:

• A client may be more comfortable in another language if their first language is not English. 

• A client may find it difficult to listen properly if they are in an emotionally charged situation. 

• A client may have a literacy barrier. (Remember — it can be difficult to assess a client’s literacy level. It’s best not to make assumptions based on education or finances.)

Don’t judge your client or make assumptions about their intelligence. Instead, focus on expressing yourself more clearly.

Pay attention to your client’s cues. 

Are their eyes glazed over? Do they look “puzzled?” Be attentive to your client’s body language. Even if you have a lot of information to cover, communicate as though you are having a conversation, not delivering a lecture. Speak to your client, not at them.

Pause and ask your client if they understand. 

Do not speak for more than 5-10 minutes without checking in with your client. Ask them: “Do you understand? Do you have questions?” Your client may not feel comfortable interrupting you, even if they feel lost or overwhelmed. Carve out opportunities for clarification. 

This is also an opportunity for you — what confuses one client will likely confuse another. Instead of seeing questions as unwanted interruptions, see them as valuable feedback to improve communication with your next client. 

Remember that communication is a two-way street. 

Even if you express your advice in perfect plain language, the communication will still fall short if you don’t notice what your client is sharing. Be attentive to what they are saying and not saying. Your client will notice that you are listening attentively, and you will gain greater insight into their experience and concerns.

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My friend asked Jason if I could attend the meeting too. We arrived together. My friend had already sent the lawyer all the relevant documents. Jason was prepared. The consultation began.

Ten minutes in, I began to notice something. My friend has a PhD and reads every day. “Literacy,” in almost any conceivable sense, is not an issue for this person. But as Jason systematically laid out all the options and risks, dropping acronyms and shorthand in every multi-clause sentence, my friend blinked, pen unmoving. To me, it was evident that there was a communication disconnect. 

But my friend did not interrupt. Jason did not slow down. 

I was surprised that my incredibly educated friend did not throw up a hand and halt the flow of verbiage. I was also surprised that the approachable, thoughtful, generous lawyer did not seem to notice that his new client was blanking out in his office. 

Tips for Clear Consultations

After ruminating on this experience, I have distilled some top tips for supporting a client of any literacy level during a consultation.

Centre the key takeaway.

Ask yourself, if your client had to leave your office with one—and only one—key takeaway, what would it be? 

Don’t expect them to deduce the key takeaway. State it clearly. Tell them “the key takeaway is…”. Then:

• Repeat the key takeaway multiple times during your consultation.

• Consider telling your client to write down the key takeaway and watch them do so while they are still in your office. 

• Before they leave, ask the client “do you remember the key takeaway? 

Address stress. 

For most people, legal trouble is frightening. It is quite common that a client has one or two secret fears they are holding onto tightly during the meeting. Consider asking your client early in the consultation if they have any specific concerns. 

If a client’s fears are misguided or unfounded, it is helpful to address them early so they can focus better on your key takeaway. Comprehension tends to be better when people are less afraid. If your client’s fears are highly relevant, it may still be helpful for you to know how they are thinking about their situation.  

Give opportunities to clarify. 

Do not speak for more than 5-10 minutes without checking in with your client. Ask them: “Do you understand? Do you have questions?” 

Sometimes, you may think there is too much material to cover to slow down and check in. But it is important to resist the temptation to skip this tip. Instead, reflect again on the key takeaway for the consultation. Is there anything beyond the scope of this consultation that can be carved out as a separate meeting? 

Here is another way to think about it—imagine you can help your client thoroughly understand one concept or you can say words about five concepts without being understood. Which would you choose?

Saying something in the presence of a person is not the same as being heard. It is essential to slow down and check in with your client. 

Establish a shared understanding of key terms. 

Consider writing down a few key terms on a piece of paper. Before you start talking, move down the list of key terms and make sure the client understands them. Encourage your client to look at the sheet during the consultation. This is a good way to anchor your conversation. 

Consider incorporating visual elements. 

Lawyers generally have no trouble learning from words alone. You’ve probably read something daily for as long as you can remember. You can follow along if someone speaks to you in paragraphs. You are likely deftly skimming this article right now.

Remember that many of your clients do not easily consume paragraphs. Especially for clients with lower literacy levels, presenting some information visually is a great way to improve comprehension. Consider a simple Venn diagram or a table with Dos/Don’ts or Pros/Cons. 

Use plain language. 

Plain language is fundamental to communication across educational backgrounds. Whether your client has a PhD or a grade 6 education, if they don’t have a legal background, they may get lost in legalese. 

Use simple terms. Use short sentences. Never use undefined acronyms. 

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