This document provides advice for plain language experts on how to work effectively with lawyers. It discusses that lawyers write legal documents for daily business and establishing rights/duties. Lawyers tend to be skeptical, pessimistic, cynical, wary, left-brained, and value technical competence over emotional intelligence. They want critical analysis and are uncomfortable with praise. Lawyers are also traditional, risk-averse, want quick decisions, value structure/organization, and hear things literally. Plain language experts should show respect for legalities, write for clients/public, prove their points with examples, and appeal to lawyers' sense of justice as achieving expected outcomes rather than abstract ideals.

1. Working with Lawyers
Advice to Plain Language Experts
from
Cheryl Stephens

2. Clarity International
http://www.clarity-international.net/
This 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

6. Daily Legal Writing

7. Legal Writing Product
Lawyers write 2 kinds of documents
• Part of daily life or business
• Creating rights and setting up duties

8. Transactional Drafting

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.

18. Traditional and Conservative

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.

26. Like Clear Structure

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,
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 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

37. Plain Language Wizardry