What Are Best Practices for Communicating With Legally Inexperienced Clients?
Lawyer Magazine
What Are Best Practices for Communicating With Legally Inexperienced Clients?
We asked lawyers and attorneys how they ensure effective communication with clients. From providing actionable advice to summarizing meetings in writing, here are seven tips for ensuring legal processes are clear to clients.
- Provide Actionable Advice
- Explain With Relatable Examples
- Use Plain Language Agreements
- Listen and Repeat Back
- Use Familiar Analogies
- Explain and Invite Questions
- Summarize Meetings in Writing
Provide Actionable Advice
When communicating with clients, lawyers need to provide information the clients need in terms that they can understand and act upon. Many lawyers make the mistake of dumbing down the advice for clients too much and not providing all of the information that the clients need to make an informed decision. Instead, lawyers need to cover all important points while also substituting legal language for standard conversational language. The final step is to preemptively answer the questions of "What do we do next and why?" because lawyer advice needs to be not only intellectual but also actionable.
Explain With Relatable Examples
As an attorney with over 15 years of experience, I've found that effective communication is key to helping clients understand legal processes. I make it a point to avoid legalese and explain things in plain language my clients can grasp.
For example, when helping a client understand a contract, I walk through each section and explain how it relates to their specific situation. I use analogies and examples from their industry to illustrate key points. This hands-on approach helps overcome confusion and ensures we are on the same page regarding expectations and obligations.
Visual aids like charts, graphs, and diagrams are also helpful for breaking down complex ideas into easily digestible pieces. I once used a flowchart to help a client understand the steps involved in filing a trademark application. Seeing the process laid out visually gave them a clear sense of what to expect and the timeline involved.
The most important thing is listening to your clients and understanding what they need to feel fully informed. By speaking openly, using relatable examples, and giving people opportunities to ask questions, legal matters become far less opaque. Clients feel empowered instead of overwhelmed when they know what's happening every step of the way.
Use Plain Language Agreements
I am a divorce lawyer who specializes in uncontested divorce. My whole business is based on insulating clients from legal jargon and legal minutiae. My divorce agreements are written in plain language with no legalese. In the one part that requires legalese—whether a part of the agreement “merges” or “survives”—I immediately explain what these mean in the agreement itself: Survival – This Separation Agreement shall be incorporated, but not merged, in the Divorce Judgment, and it shall survive as an independent contract. We understand this means that all the terms of the Agreement are final and unlikely to be changed by the Court at a later date.
A college professor, who is not a lawyer, writes all of my website copy. He is used to explaining things in clear, idiot-proof ways, and because he is not a lawyer, he is not drawn into legal tropes that simply confuse clients.
I give away enormous amounts of information about uncontested divorce on my website, explaining to people step by step how they can get divorced without even using lawyers. This surely causes me to lose a few clients, who end up doing it themselves, but potential clients find this very attractive, which moves my webpage up in search engines. By laying everything out in simple, clear terms before I even meet with clients, they know exactly what is going on when we do meet, which saves us time and explanation. (I charge flat fees, so efficiency, rather than billable hours, is key to my business.)
Many law firms sell themselves by hiding basic information. By making every issue one that “only legal experts can understand and guide you on,” they obscure the basic questions and processes. On the one hand, this can help them justify high fees, but on the other hand, it means the client doesn’t know what is going on and means that excess time is spent revealing basic information to the client.
Listen and Repeat Back
When working with clients who may not be familiar with legal processes, I focus on making everything as clear and straightforward as possible. I try to avoid legal jargon and instead use everyday language or examples that they can relate to. It's important to check in regularly, asking if things make sense or if they have any questions, and I always encourage them to speak up if they're confused. One tip that's really helped me is to listen closely to their concerns and then repeat back what they've shared, but in simpler terms. This not only helps confirm we're on the same page, but also shows them I'm really listening and we're working through this together.
Use Familiar Analogies
I like to use plain language and relatable analogies. I practice Social Security Disability Law, and instead of diving into the technical jargon of disability law, I like to simplify the process by comparing it to something familiar. For example, I might explain that the Social Security Administration's evaluation process is like a multi-step screening for an application—much like applying for a loan or even a job, where multiple layers of approval are needed.
Explain and Invite Questions
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.
Summarize Meetings in Writing
Always make sure you explain everything to the client in everyday terms as much as possible, as the clients want to know practically what the steps are and what terms mean. Following up any call or video conference held with a client with an email summarizing the meeting is also very helpful to clients, as they often find meetings with their lawyer overwhelming and need time to process what was said. Having a detailed summary is very beneficial for clients.
