Why Client Literacy is Important to Lawyers By carrying out the changes suggested in this booklet, lawyers will both improve communications with their clients and help them to better use the justice system. The 1992 Canadian Task Force Report on Legal Literacy found that the legal system can be intimidating to adults who cannot use written legal materials. As a result, they avoid initiating legal actions. Written legal material can create a formidable obstacle to use of the justice system. Poor communication between you and your client can interfere with your client's ability to give you proper instructions and with your ability to obtain the appropriate remedy for your client. Some benefits to lawyers of making changes include: Clear communication Increased efficiency in practice procedures; Improved legal outcomes for your client; Increased client confidence and satisfaction with your service.

. . The legal system can be intimidating to adults who cannot use written legal materials. As a result, they avoid initiating legal actions.

. . Are you certain the messages you send clients are understood by them?

How to Recognize Your Client Has a Literacy Problem It can be uncomfortable asking a client, "Can you read?" Instead, look for clues that a client is unable to read legal documents. Ask yourself: Does my client have difficulty in telling a coherent story? If I give clients legal documents to read, do they read excessively slowly? Is my client unable to summarize what the document says? Has my client completed a form with the wrong information or made mistakes in spelling or grammar? Many people with limited literacy skills have developed coping strategies to compensate. The following behaviours may suggest a literacy problem: Using the excuse, "I forgot my glasses." Saying, "I don't have time to read this now. Can I take it home?" Saying, "I hurt my hand (or arm); I can't fill these out." Bringing along a friend or relative (who will help with reading or filling in forms). Saying things that are clearly inconsistent with written information in their possession.

Don't Be Misled Sometimes clients appear to be uninterested in their case or unwilling to participate in providing instructions or finding solutions. They may fear that, by doing so, they will be required to read. They may: Fail to show up for appointments; Show nervousness or embarrassment during the interview; Act confused and ask unrelated questions; Not ask questions for clarification; Not answer the question asked; Have difficulty following instructions; Be compliant, nod agreement or show understanding but not do what you expect. Sometimes people behave in a way that seems to show a poor attitude, while really indicating a literacy problem. They may: Act frustrated and leave in a hurry; Become angry and storm out; Act out frustration in physical confrontation; Portray the matter in terms of conspiracy or personal victimization. These are some clues your client may not read well enough to be able to use written material related to their legal problem.

A CASE STUDY A 1990 B.C. Supreme Court Charter ruling excluding an illiterate man's murder confession put the onus on police to ensure suspects understand their Charter rights. Section 10(b) requires police officers to inform a detainee of the right to "retain and instruct counsel without delay." The police gave the accused the standard Charter warning. He then confessed to the murder of a Terrace woman and was eventually charged with second degree murder. At trial, it was evident the accused had limited communication skills. He thought the right to "counsel" meant the right to call a drug or alcohol counsellor. The case is a poignant example of how most people don't understand even the simplest legal expressions. The judge ruled the accused had been deprived of his rights by his failure to understand them and by the failure to have them explained in terms he could understand. The confession was ruled excluded from evidence and the accused pleaded guilty to manslaughter. R v Bruneau [1990] B.C.S.C. (unreported)

. . Your challenge is to inform and support clients so they can make better use of necessary written legal material.

Lawyers Can Help To help clients who have difficulty with literacy, lawyers need to be observant and aware. You can improve client communications if you are alert to your clients' needs. You should also, however, be cautious. Drawing attention to a literacy problem, or talking about it in front of other people, can humiliate a client. People who have trouble reading believe their problem is worse than the reading problems of others. They may become defensive or angry when they feel embarrassed or powerless. They need reassurance. Adapting to Meet Client Needs You don't have to teach your clients to read. Your challenge is to inform and support clients so they can make better use of necessary written legal material. Even competent readers can have difficulty with written legal materials. They may not understand: the legal context of their problem, the legal process required to resolve their problem, or the complex legal language or unusual terminology which is used to describe it. Improving Client Communications You can: Give the client reminder calls. Have someone phone ahead to confirm appointments and explain the purpose of the meeting. Call about important matters. Besides sending a letter, call clients to confirm meetings or inform them of facts. You could ask your assistant or secretary to call "to confirm that you received the letter" and then orally review the important information it contains. Make it safe for clients to ask questions, by saying "You may find this material complicated. Other people find the language that lawyers use difficult." Preview documents orally, so that clients have a context for what they are reading. For example, you might say, "This document describes three situations where the contract is not valid; (a).....etc."

Provide clients with the opportunity to review legal words in a pictionary (Legalpix), view a relevant video, or listen to a Dial-a-Law tape before giving them print material to read. This will help to provide a context for the material and will develop some prior knowledge of the language and concepts they will read. Read documents aloud, with the client following along. Invite clients to interrupt for an explanation of anything they do not understand. At critical points, stop and ask if they have questions. Allow clients time to think about what was read and to ask any questions they may have. Stop to paraphrase what you have said and check that clients understand the information. Ask clients questions and encourage them to ask questions. You could say, "Lawyers use very technical language. We have to learn to translate what we say so everyone can understand it." Help clients commit important information to memory. People who can't read well often have other compensatory skills. They may have well-developed memories or may use mnemonics - memory tools. Repeat important facts and instructions. Summarize the discussion before the client leaves. Suggest that clients call to refresh their memory. Give clients a point-form print version of your summary to take away or send them one following your meeting. Give clients a copy of any relevant public information material to take away with them. Explain how it is relevant. (see the public legal information organizations listed in the brochure - What's Available). If you must ask clients to get a form or brochure, make a photocopy of the cover to help them remember what it looks like. Refer the client to Dial-a-Law. Circle the telephone number in the brochure and the applicable tape number from the many tapes on legal topics. If your client's first language is not English, consider whether he or she requires an interpreter. The interpreter should have specific training in translating legal ideas and should be familiar with the client's culture. For people new to Canada, misunderstandings can arise if clients make incorrect assumptions about our legal process based on experience in their country of origin (see Resources). Also, do not assume that clients are literate in their first language. Make print information from Literacy BC available in your office.

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Establishing the Client Record You can: Give the client copies of any document. Good practice standards include making sure the client has a record of key documents. The client may have a support person who keeps track of important documents. If there will be several documents, give the client a folder or binder in which to organize the documents, with icons on the tabs. Use a cover sheet with a table of contents when sending multiple documents to clients. Use icons/symbols to show whether each document is for information or action, and what action is required. Use visuals or graphics to communicate. Use a process chart or map to explain the probable steps in the legal process. Put these on the inside front of the client's copy of the folder or keep it on your file but make the client a copy at each visit. Mark it each time the client attends to show where the case stands. Use a 'thermometer' chart to show the client the amount of charges against their retainer or trust account. Use 'clock and calendar' appointment slips for follow-up appointments and for court dates. If you suspect the client has a literacy problem, ask them to bring a blank tape and offer to tape-record your conversation. Your client can replay the tape to hear your explanations or directions again. Remember to use standard cassettes, not a Dictaphone tape. Besides sending a confirming client letter, send a tape-recording. If taping your client interviews makes you uncomfortable, you can offer to tape important information and mail it later.

Modifying Office Processes Your firm can: Use plain language. One in three adults in British Columbia can only cope with written information that is simple and clearly laid-out. These adults need language that is familiar and information that is well organized. Your other clients will also appreciate plain language. Attend a plain language training session or use the resources suggested. Reduce the number of documents clients have to manage. Where you need documents, help clients with their organization as suggested above. Use computer simulations, audio tapes (including Dial-A-Law) or video tapes of court or trial process to prepare clients for court. Use local public legal education organizations to create material or seminars for client information. Examine and modify the firm letterhead, advertising, communications, bulletins and newsletter for clarity, legibility, and ease of reading. Make sure your firm's document precedent library reflects modern communication standards. Arrange for staff training. The Lawyers for Literacy Project can arrange an in-house training session that includes an explanation of how to do the Literacy Audit (see section - Literacy Audit). Conduct a firm literacy audit. This audit is in a questionnaire format you can use as an in-house assessment of how user-friendly your firm is for your clients. The audit looks at activities within your firm, as well as the documents used and the process you undertake with your clients (see the section - the Literacy Audit). Display the project logo on your communications materials, business cards and in your office to show the public your support for the guidelines (the logo is available to companies who have conducted a firm literacy audit). Learn about literacy programs in your community. Support local literacy agencies through participation on their boards or in their fund raising or service projects (see list of organizations in brochure - What's Available - or contact Literacy BC for contacts in your community - see phone number on back cover). Ask your clients about the quality of your service. Try the Law Society checklist.

If All Else Fails You Can: Ask clients what they think would be helpful; Suggest the client bring a support person to the next interview; Offer to call Literacy BC to find out about local literacy classes.

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