Towards Understandable Consultations
A guide for lawyers who want to be understood
Several months ago, a friend of mine wanted to consult with a lawyer. I had some knowledge of the local bar, so I recommended the most approachable, thoughtful, and generous lawyer in the area. I will call the lawyer Jason.
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.