Knowledge

How to Write in a Client-Centric Way?

 Many lawyers use a law-centric structure to write memos to their clients: they start from the situation and the question of the client (so far, so good), and then (and here comes the trouble) present at length and in details the legal framework and principles and discuss whether and how they apply to the situation. Eventually, in their conclusion, they summarise their reasoning and give general orientations or even practical recommendations as to what to do next. This approach is law-centric because the bulk of the writing is about legal issues, not about the client's problem. Clients are getting increasingly critical of this approach which they find academic, irrelevant, useless in practice, and ... far too long.  But still, many lawyers don't get the message or don't realise what it should change in practice in the way they write memos. 

So, let's repeat the message again: clients, or at least the vast majority of them, expect a client-centric approach, where the bulk of the writing is about their situation and objectives, and how to reach them. Many clients say bluntly that they couldn't care less about the underlying legal analysis which they see as their lawyer's problem, not theirs. How does that translate in the way lawyers write? Here is an example of client-centric structure for memos that will make clients delighted:

Dear Client,

You told us that …. (situation). You have asked our advice as to… (question).

In response to your question, we recommend you to… (answer – solution). 

This approach would indeed present the following advantages to you: …. (justificaton of the proposed solution).

However, this solution is available to you only if the following conditions are met: … (conditions, assumptions). If all these conditions are not met, the alternative solution is to … Please tell us if you consider opting for the alternative solution, in which case we will provide you with a detailed analysis and scenario.

There is however a risk in the approach we recommend, and that is… (risk identification and assessment). To mitigate this risk, we recommend you to …. (risk management strategy).

In practice, and assuming the conditions set out above are fulfilled, the next steps to carry out the proposed solution are: … (practical action list).

In annex, you fill find a draft document (contract/letter/checklist) that you may use for step…

If you have any questions, please call … (contact details).

Sincerely yours,

Antoine Henry de Frahan | 20 January 2007 |