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Working with Lawyers Advice to Plain Language Experts from Cheryl Stephens

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Post on 25-Jun-2015

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Does it seem that the lawyer or legal department is always blocking your efforts to use plain language for better client service. Cheryl explain how to win them over. Based on an article in Clarity, journal on plain legal writing.

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  • 1. Working with LawyersAdvice to Plain Language ExpertsfromCheryl Stephens

2. Clarity Internationalhttp://www.clarity-international.net/ Video is based on an article inClarity Journal #66 3. Cheryl StephensThe Plain Language Wizard 4. Scourge 5. Helping Lawyers The nature of lawyers writing tasks How to work with the lawyertemperament 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 WarmthSandor 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 controlwhen and how they invest time, complete tasks, andadopt new techniques. 24. By Nature AdversarialTolerant 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 ondecisions, planning, followthrough, and a "cut-to-the-chaseapproach.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, 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 moreeffectively with lawyers 31. Show Respect for Legalities 32. You Write for the Client or PublicLowHigh 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