Ensuring effective communication with clients who have a limited understanding of legal processes is crucial for building trust, avoiding misunderstandings, and ensuring informed decision-making.
Legal professionals often deal with complex legal terminology, known as 'legalese,' which can be confusing for clients. Avoiding complex language altogether can alleviate much of the confusion, and this can be accomplished by the use of plain language. Some examples of plain language are:
Replace technical legal terms with simpler equivalents. For example, instead of saying 'jurisdiction,' say 'the authority to make decisions.'
Instead of saying, 'We need to file a motion for summary judgment,' you might say, 'We’ll ask the judge to make a final decision without going to trial.'
Avoid acronyms or, if using them, explain them clearly. Instead of 'DUI,' say 'driving under the influence.'
Use short, clear sentences and avoid passive voice, which can make sentences harder to understand.
After explaining something, don’t assume that silence means understanding. Clients might feel too intimidated to admit they’re confused. Not every client finds comfort in the phrase 'There are no stupid questions.' In fact, many people hesitate to ask questions out of fear that it may reflect poorly on their intelligence. Gauge your client's understanding by asking open-ended questions like, 'Can you explain in your own words what you understand from this?' Invite them to ask follow-up questions by saying, 'Is there any part that wasn’t clear, or would you like me to go over something again?' Avoid yes/no questions like, 'Do you understand?' as they might lead to a superficial confirmation without ensuring real comprehension.
Example: After explaining a court procedure, you might ask, 'What do you think happens after we file this document?'
Every client is unique in how they process information and what they need to feel comfortable. Some might prefer frequent updates, while others might need more time to absorb information.
Pay attention to cues during your interactions. Does the client respond better to visuals, or do they seem to understand better when they hear things explained verbally? Adjust the complexity of your explanations based on their familiarity with legal matters. By adapting to each client’s individual needs and communication style, you ensure they stay engaged and informed throughout the legal process.