Attorney client communication:

How to keep from being misinformed in a case

Table of contents
 Abstract..pg 1
Introduction....pg 2
Background of problem....pg 2
Solution...pg 3
Conclusion..pg 3
Appendix.....pg 4
Citations...pg 5

Abstract
In the day to day operations of legal work, there are many different challenges, as one
works with a diverse field of concerns. One of these specific challenges would be the lack of
communication between a client and their attorney. Two key causes of this type of
miscommunication would be created by the lack of trust between clients and attorneys, and the
lack of clarity that is involved between the two. My research indicates that the impact of this
problem can be reduced by creating a more personal connection as an attorney with ones
clients, as well as carefully proofing all conversations and documents shared between oneself
and a client.

Introduction
I have been researching different aspects of the legal field. Specifically Ive been looking
into the writing that one would do if one were to hold a job in the legal field. During my
research, a discovery that I had made relates to some of the problems lawyers may face in their
work. I had noticed learned that people in the legal field will come into complications whenever
there may be any miscommunication between themselves and their clients. These
miscommunications are usually caused by the distrust that a client may feel towards their
attorneys, as well as the lack of clarity in the words exchanged by the two parties. Through
various sources, I believe I have found methods involving trust building between parties, and
increasing the eye to detail on ones work, that will reduce the miscommunications that are
created between attorneys and their clients.

Background of problem
When it comes to the lack of communication between lawyers and clients, it usually
stems from two different factors. The first factor is the gap in trust that is between a lawyer and
their client. Clients dont necessarily disclose all of the necessary information to attorneys
sometimes. This may be due to a client not feeling comfortable disclosing information to an
attorney. It is necessary for a good attorney to spend a lot of time with a client discussing all of
the factors that make a case. Attorneys work very closely with clients both getting access to the
necessary facts In order to get all of the necessary information there is often a lot of discussion
between a client and an attorney that may involve heavily personal information. This
information may include things such as a clients sexual history, drug usage, social life etc .
Of course this information is confidential between the attorney and the client, but commonly a
client may still feel a lack of comfort and trust between themselves and their attorney. If this is
the case, often a client may omit important details to an attorney or as well they may lie to the
attorney. If this ends up being the situation, an attorney will not have all of the necessary info,
or have incorrect info that could possibly destroy or diminish the value of their claim in a case, or
allow the attorney to give advice to a client that may not be the best option.
The second factor is the lack of clarity that can be a result of the interaction and
communication between attorneys and clients. Jonathan Holfinger, a Lawyer I interviewed
recently tells me that brief forms of communication between clients and attorneys is very
common. The reason behind this is to streamline to communication between two parties and
transfer information in a swift fashion. The drawbacks from this method of communication is
that the information may not be concise, as there is less attention to detail in these forms of
communication. This can have an attorney using facts that can be missing key details. If either
of these situations become reality, an attorney will not have all of the necessary info, or have
incorrect info that could possibly destroy or diminish the value of their claim in a case, or allow
the attorney to give advice to a client that may not be the best option.

Solution
 My proposed solution to these problems would be to increase trust and clarity in the
methods of communication between clients and attorneys. I believe the best way to increase
trust between the two parties would be for an attorney to act in a manner that would be more
comforting to their clients. According to Brown (2016), As lawyers, we wear many different
hats in our relationships with clients. Coincidentally Jonathan said something similar.
Jonathan said that Many different hats are required by a good attorney. He explained that his
means that good attorneys play different roles. He stated that one of these roles, is that of a
friend. I believe that if an attorney opens up with a client, like he would with a friend, the trust
gap can be closed. It is important for a Lawyer to express a calmness and a sense of sincerity
in their words when talking with the client.
The solution to the lack of clarity in communication has become evident to me as well.
There are two major ways to increase the clarity in communication. The first would be to read
off verbally all transcripts and messages to clients, when ever meeting in person or over the
phone. This will assure a lawyer that the information they have collected is accurate. The
second method would be to proofread in great detail all transcripts and messages exchanged
between the two parties. This will help eliminate any irregularities in the information exchange.

Conclusion

A major problem that lawyers may come across will be the miscommunication between
themselves and their clients. This problem can lead to them giving broken arguments and bad
advice to their clients. A solution to this problem would be to increase the trust shared between
the two parties by acting as more of a friend to the client, rather than just an assistant. The
second aspect of this solution would be for a lawyer to better proofread the transcripts and
messages between the two parties to make sure the info is clear. This information should be
helpful to anyone interested in conducting legal practice that is specifically between an attorney
and a client.

Appendix
-Notes between Holfinger and I

Citations
Larson, A. (2016, July 27). ExpertLaw. Retrieved October 20, 2017, from
https://www.expertlaw.com/library/consumer-protection/addressing-problems-attorney-client-
relationship

Q. (2015, June 22). Top 5 Challenges Facing Lawyers Today [Web log post]. Retrieved October
20, 2017, from http://www.qlts.com/blog/profession/top-lawyers-challenges

Brown, H. K. (2016). The mindful legal writer: mastering predictive and persuasive writing.
New York: Wolters Kluwer.