Communicating Effectively with Clients: Simplifying Legal Opinions
Our clients, most of whom are not lawyers, often perceive that lawyers use complex language. This perception is why law schools now emphasize the use of plain English, an area where many lawyers struggle.
Having worked both in a law firm and as in-house counsel, I have had the privilege of interacting with those who issue instructions to lawyers—CEOs, CFOs, government officials, and other managers. A common theme prevails: they simply do not have the time or energy to read through 5-20 pages of dense legalese. They are more concerned with the solutions and recommendations you provide.
Think about it. How often has a client asked you to explain or summarize the advice in your legal opinion? A wise lawyer will summarize the opinion in an email or place it on the first page of the document. In-house counsel are often overwhelmed and do not have time to read the entire document. They rely on the summary you provide over the phone or via email.
Law school teaches us that every legal opinion must follow a chronological order of facts, issues, rules, application of the law/analysis, and conclusion (FIRAC). This method has remained unchanged since the 1600s. While some innovative lawyers have tweaked their opinions to include summaries, the general format remains the same.
Times have changed, and so have the ways we consume information. There is a perception that lawyers are stuck in the past, using outdated terms like “therein” and “wherein.” I strongly believe there should be a radical reform of legal opinions to benefit the client. Making information more appealing and accessible would save time and resources for both parties.
For starters, we could move away from dense prose and use tables or matrices to explain information. Additionally, we could use audio formats to package legal opinions, allowing clients to listen to them. Podcasts, videos, or PowerPoint slides could enhance the consumption of this information. A comprehensive review of how lawyers present information to clients is necessary. For instance, I have not seen the use of emojis in legal documents, yet they are common in everyday communication. The law should reflect changing societal needs.
Current legal opinions are in the dark ages of the Nokia era, while the world has moved to the iOS/Android period. Let us embrace change and develop more engaging ways to present our work.
At PROW, we strive to communicate with our clients by issuing brief and succinct legal opinions, focusing on solutions rather than merely restating the law.
For assistance with any legal issues or general advice, please contact us at info@wka.co.ke.
