working with lawyers by cheryl stephens, canada

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Working with Lawyers Advice to Plain Language Experts from Cheryl Stephens

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Post on 29-Nov-2014

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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.

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
  • 14. Lawyer Attitudes Lawyers are Skeptics Pessimists Cynics WaryBe prepared emotionally.
  • 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
  • 37. Plain Language Wizardry