Based on Cheryl Stephens' article in Clarity Journal #66, Clarity International, How to get lawyers to use plain language and be cooperative. Covers: 1. The nature of lawyers' writing tasks 2. How work with the lawyer temperament 3. Three ways to work more effectively with lawyers.
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Working with Lawyers Advice to Plain Language Experts from Cheryl Stephens
Transcript
1. Working with LawyersAdvice to Plain Language Experts from
Cheryl Stephens
2. Clarity Internationalhttp://www.clarity-international.net/
This is based on an article in Clarity Journal #66
3. Cheryl StephensThe 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
6. Daily Legal Writing
7. Legal Writing ProductLawyers write 2 kinds of documents Part
of daily life or business Creating rights and setting up
duties
8. Transactional Drafting
9. What Is Legal Drafting2 types of
drafting:Transactional--dealings betweenpeople Legislative--between
people andgovernments
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. Lawyerswho dont fit pattern go into other fields of
law
15. Lawyers Are Left-brainedTechnical competenceValued
overemotional intelligence.Accept the lack of rapport,cold reserve,
andlack of interpersonal connection.
16. Dont 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.
18. Traditional and Conservative
19. Lawyers Are Traditional Wont see benefit of change
involving risk. Risk-averse by nature.epSos .dephoto
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, andadopt new techniques.
24. By Nature Adversarial Tolerant of conflict. Aggressive by
training. Sensitive and thin-skinned. Dont get defensive or
emotional. Dont 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.
26. Like Clear Structure
27. Create a Work PlanSchedules, closure on decisions,planning,
follow through, and a"cut-to-the-chase approach.Stick to
deadlines.Expect the lawyer to do thesame.
28. Organize Communication ProcessGet 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 moreeffectively with lawyers
31. Show Respect for Legalities
32. You Write for the Client or PublicLow High
33. When Persuasion Is NeededProvide examples of plain
language.Clarity increases precision.Not an experiment:an economic
or market imperative.
34. Prove Your PointWords and Phrases
Judicially-Considered
35. Lawyers Concept of JusticeJustice means achieving
well-definedand expected outcomes.Abstract ideal of justicenot a
motivator. Get them to share a goal like access to justice.
36. Cheryl StephensPlain Language WizardPlainLanguage.comE m a
i l @ cherylstephens.comPlainLanguageWizardry.com