What, When, How: A framework for better client communication
When we talk about improving client communication, the first thing that comes to mind is usually getting rid of legalese, or maybe running documents through a tool like Hemingway to see what grade level you’re writing at. These are smart ideas.
But there are communication problems Hemingway can’t catch, like sharing information too early or too late, or meeting an individual client’s need for visual communication. Here’s a three-part framework that can help you see the broader picture: What, When, How.
1. What does the client need to know?
The answer to this question varies a lot, but there are three things you’ll almost always want to touch on:
The details specific to the matter. This depends on the claim, the facts, and the stage of the matter.
How they can play a positive role. We want clients to be good teammates who help move their matters forward.A good teammate needs to understand the position they’re playing and why their actions matter. Tell the client what you need from them and how their role fits into the big picture.
Where they are in the legal process. Clients need a roadmap of what’s going to happen in their matter and a moving “you are here” marker. Roadmapping should start during intake (and you can even preview it in your marketing/biz dev materials). You can also create mini-roadmaps for sub-sections of the process, like the meditation stage of a family law matter. Refer back to the roadmap frequently to keep the client oriented.
2. When do they need to know it?
Message timing is just as important as content. In many cases, you’ll need to plan ahead to make sure your client is able to take in what you have to say. Consider that:
Learning happens in layers. Most clients cannot jump from “I just found out my wife wants a divorce” to “I know how to realistically evaluate a settlement offer” in one step. Try mapping out the legal process and working backwards from key decision points to figure out what knowledge has to be in place when it’s decision time. Then you can make a plan for building up to that point.
People need time to ride out emotional reactions. Just as we need time to build up a foundation of knowledge, we need time to process, think, and work through emotional reactions. Some of that can be managed through foreshadowing and preparation. But you may still need to build in processing time so the client can make informed decisions.
Information retention is limited. While you should preview important information early in the matter, know that the client may not retain it. It’s human nature; the client is learning something new, and may be in an escalated emotional state. That makes retention difficult. Plan to repeat important information proactively, and consider written resources so clients can refer back to them (with your guidance and prompting).
3. How do they need to get the info?
There is no one-size-fits-all answer to this question, but you can build flexibility into your systems so you’re not reinventing the wheel with each client. Be aware that:
Learning needs vary. Clients can’t be good teammates if we don’t give them information in a format that allows them to understand, retain, and apply it. Some clients need to talk things through. Some learn best with visual aids, and others prefer a written narrative. Some people can’t retain details until they grasp the big picture; others need details first. It’s good to have multiple alternatives available, and pay attention to cues that show what’s landing and what’s not. This ABA Journal article includes some great information about body language to watch for.
Emotions and trauma impact learning. Intense emotions can make it hard to take in information, and sometimes more processing time isn’t enough. Clients might need information in different formats, or they may need time to build trust with your team. In some cases, the emotions stem from feeling confused and out of control. Sharing information with the client can allow them to exercise more agency, which can reduce emotional stress.
Legalese impairs understanding. Legal jargon helps us pack more meaning into fewer words, but only if the listener understands it. In general, you should avoid it with clients.
Excessive formality also reduces comprehension. Saying that you need the client’s homework to “efficiently and effectively handle their matter” is less helpful than saying you need it “so you can take the next step in their case.” Lots of verbs or adverbs are danger signs.
Long sentences and long paragraphs make people’s eyes glaze over—when you’re writing and when you’re speaking. Keep your sentences short when you can. If a thought is long, break it up.
You will always decrease readability by using all caps. We don’t read letter-by-letter; we recognize word shapes. Writing in all caps makes word recognition more difficult. If an all-caps disclosure is required, include it, but supplement with other communication if you want people to understand it.
A note on cognitive biases
In a cruel twist of fate, your legal education makes it harder for you to explain legal issues to clients. That’s because of a cognitive bias called the curse of knowledge.
(Cognitive biases aren’t the same as being biased or prejudiced. They are universal mental shortcuts that our brains take in an attempt to process a flood of information. The Innocence Project has a great article about how they work.)
The curse of knowledge means that experts in a subject struggle to remember what it’s like to be a novice in that subject. To you, it’s normal for a court to take 30 days to issue a decision, so you might forget to mention it. That’s the mental shortcut. But your client thinks 30 days is bonkers, and feels blindsided.
Thus, plan to test all your communications assumptions and iterate as you learn. Working through the What, When, How framework will get you close to the mark—but there will always be a few surprises.