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Grace Lawson Barrister-at-Law Accredited Mediator www.gracelawson.com.au Plain English and Professionals

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Page 1: Plain English and Professionals. Overview  What is Plain English  Assessing client sophistication  Dealing with professional clients  Letter writing

Grace LawsonBarrister-at-LawAccredited Mediatorwww.gracelawson.com.au

Plain English and Professionals

Page 2: Plain English and Professionals. Overview  What is Plain English  Assessing client sophistication  Dealing with professional clients  Letter writing

Overview

What is Plain English

Assessing client sophistication

Dealing with professional clients

Letter writing skills for lawyers

Copywriting for lawyers

Page 3: Plain English and Professionals. Overview  What is Plain English  Assessing client sophistication  Dealing with professional clients  Letter writing

The English language

Most widely spoken and written language

Official language in almost 60 sovereign

states in the world

Over 1,000,000 words

Expands at 8,500 words per year

Page 4: Plain English and Professionals. Overview  What is Plain English  Assessing client sophistication  Dealing with professional clients  Letter writing

Does your client understand you?

“I know that you believe you understand what you think I said, but I’m not sure you realise that what you heard is not what I meant”.

(Richard M Nixon quoted in Thomas, G. p. 28)

Page 5: Plain English and Professionals. Overview  What is Plain English  Assessing client sophistication  Dealing with professional clients  Letter writing

Avoid legal jargon and Latin

‘good faith’ not ‘bona fide’ ‘prevented’ not ‘estopped’ ‘immediately’ not ‘forthwith’ ‘if’ not ‘in the event that’ ‘until’ not ‘until such time’ ‘to’ not ‘for the purpose of’ ‘enough’ not ‘sufficient number’

Page 6: Plain English and Professionals. Overview  What is Plain English  Assessing client sophistication  Dealing with professional clients  Letter writing

A word of caution

Clients will still need legal advice Changing words can change meaning Never change your language unless you

want to change the meaning Terms of art may never change e.g. forum

shopping, piercing corporate veil

Page 7: Plain English and Professionals. Overview  What is Plain English  Assessing client sophistication  Dealing with professional clients  Letter writing

The Hon Michael KirbyPast Justice of the High Court of Australia

“Beauty and elegance of simple expression”.

Ten principles for plain language in law which will make your language “more direct, simple and vigorous”. (p. 10)

Page 8: Plain English and Professionals. Overview  What is Plain English  Assessing client sophistication  Dealing with professional clients  Letter writing

How sophisticated is your client?

“My lawyer never told me that!”

Warning signs or red flags: difficulty expressing themselves ask the same type of questions cannot repeat your advice in their own words body language!

Page 9: Plain English and Professionals. Overview  What is Plain English  Assessing client sophistication  Dealing with professional clients  Letter writing

Do YOU understand the experts?

Consider using a Shadow Expert

Page 10: Plain English and Professionals. Overview  What is Plain English  Assessing client sophistication  Dealing with professional clients  Letter writing

Your legal letters

Purpose of your letter Use Plain English Check for errors Others may read it Be careful with precedents What else you can offer your client

Page 11: Plain English and Professionals. Overview  What is Plain English  Assessing client sophistication  Dealing with professional clients  Letter writing

Do you have a Copy?

Purpose: website, social networking profile Audience: new clients or THAT job Strategy: “what’s in it for me”? Format: logo, image, text Short, to the point, relevant, action words Promise, deliver and invite Evidence e.g. testimonials Your personality!

Page 12: Plain English and Professionals. Overview  What is Plain English  Assessing client sophistication  Dealing with professional clients  Letter writing

My example:

Page 13: Plain English and Professionals. Overview  What is Plain English  Assessing client sophistication  Dealing with professional clients  Letter writing

Conclusion

Use Plain English whenever necessary Do you need a shadow expert? Write letters with a purpose Write your Copy to build your profile

and your business

Grace Lawson10 March 2015©Grace Lawson, 2015

Liability limited by a scheme approved under professional standards legislation