Working with Lawyers
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The document discusses how to effectively communicate and collaborate with lawyers, emphasizing their unique personality traits and writing styles. It outlines the importance of understanding lawyers' skepticism, need for structure, and their typical adversarial nature, which affects their communication and decision-making. Strategies for successful engagement include organizing communication, involving lawyers early in the process, and using clear, plain language to enhance understanding and clarity.
Working with Lawyers
- 1. Working with Lawyers Advice to Plain Language Experts from Cheryl Stephens
- 2. Clarity International http://www.clarity-international.net/ Video is based on an article in Clarity Journal #66
- 3. Cheryl Stephens The 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
- 7. Legal Writing Product Lawyers write 2 kinds of documents • Part of daily life or business • Creating rights and setting up duties
- 9. What Is Legal Drafting 2 types of drafting: •Transactional--dealings between people • Legislative--between people and governments
- 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. Lawyers who don’t fit pattern go into other fields of law
- 14. Lawyer Attitudes Lawyers are • Skeptics • Pessimists • Cynics • Wary Be prepared emotionally.
- 15. Lawyers Are Left-brained Technical competence Valued over emotional intelligence. Accept the lack of rapport, cold reserve, and lack of interpersonal connection.
- 16. Don’t 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.
- 19. Lawyers Are Traditional Won’t see benefit of change involving risk. Risk-averse by nature. epSos .de photo
- 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, and adopt new techniques.
- 24. By Nature Adversarial –Tolerant of conflict. –Aggressive by training. –Sensitive and thin-skinned. • Don’t get defensive or emotional. • Don’t 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.
- 27. Create a Work Plan Schedules, closure on decisions, planning, follow through, and a "cut-to-the-chase” approach. Stick to deadlines. Expect the lawyer to do the same.
- 28. Organize Communication Process Get lawyer involved early in the process, but get client permission. Mike Licht, NotionsCapita l.com photo
- 29. Protocol of Communication • Recruit intermediaries. • Try to connect with the lawyer. • Be aware: They hear things literally.
- 30. You can work more effectively with lawyers
- 31. Show Respect for Legalities
- 32. You Write for the Client or Public Low High
- 33. When Persuasion Is Needed Provide examples of plain language. Clarity increases precision. Not an experiment: an economic or market imperative.
- 34. Prove Your Point Words and Phrases Judicially-Considered
- 35. Lawyers’ Concept of Justice Justice means achieving well-defined and expected outcomes. Abstract ideal of justice not a motivator. Get them to share a goal – like access to justice.
- 36. Cheryl Stephens Plain Language Wizard PlainLanguage.com E m a i l @ cherylstephens.com PlainLanguageWizardry.com