The Importance of Clear Client Communication – Using Siri as your guide

 In Georgia State Bar Grievances, Legal Malpractice

I was using Siri yesterday to dictate a text, and Apple’s intelligent personal assistant just couldn’t get my message right. Siri thought that my “Motion to Quash” was a request for websites about squash. I was surprised at the number of squash recipes available online, but that wasn’t helping me resolve my issue.

This situation reminded me about how clients must feel when we communicate using highly technical legal jargon. Like Siri, they may have trouble understanding what we’re trying to. Unlike Siri, they may not feel comfortable professing ignorance and asking for clarification. This may negatively impact our client relationships, but also could make us liable if our communication is not adequately understood or misunderstood

There are several reasons why we may feel the need to communicate using technical legal jargon, none of which are easily justified:

  • We want to demonstrate our years of training and expertise.
  • It’s easier – no need to shift communication styles for different audiences.
  • We’re just showing off and impressing our clients.

How Should Attorneys Communicate with Clients?

Regardless of our intentions, the Georgia Bar Rules define how we should be communicating. Georgia Bar Rule 1.4 (Communication) provides that communication should be “appropriate for a client who is a comprehending and responsible adult” – not a lawyer. The commentary further explains, in technical jargon, that the client should be able to participate intelligently in decisions regarding the representation, and give “informed consent” to those decisions. The recent revision of Georgia Bar Rule 1.0 (Terminology) defines “Informed Consent” as a decision by the client ONLY after receiving adequate information and an explanation of risks and alternatives.self-empowerment-communication-techniques

Here are some general communication guidelines to follow, regardless of your clients’ qualifications or education. Even when other attorneys require our expertise, they may not understand the terminology associated with that expertise.

  • Provide communication and commentary in plain English – why not?
  • If more technical terminology is required, include an explanation or translation.
  • If you can’t succinctly explain one technical sentence with one simple phrase or sentence, rewrite it.
  • Remind clients that they should feel comfortable asking for clarification or definition.
  • Ask the client to confirm – in their own words – the meaning of important communications.

So before you communicate the need to file a Petition for The Writ of Cert, remember that, like Siri, your client may interpret this as “pet edition for the #@*! on your skirt.”

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