Blogs, Blawgs and Lawyers

Kevin O’Keefe wrote a great piece the other day on the banning of the term blawg. Those of us who are new to blogging probably don’t have much impact on what words people use, but you will notice that we use "blog" and not "blawg." Why? It’s our personal preference. Blawg seems, well, kind of snooty.

Since I don’t think anyone will listen to me or stop using the word blawg, why am I telling you about any of this? Because the blog versus blawg debate is a microcosm for a bigger problem: legalese! Lawyers, for some reason, like to make up big words, and lawyers also like to use big words. I have seen lawyers argue to a jury about a "tortuous act" when they are really talking about a plain old auto accident. I admit that this is a personal preference (my wife won’t play scrabble with me because I don’t use big words), but it has an effect on your practice.

If you have a client who lacks formal education, why would you use "res ipsa loquitor" in a sentence? Your client will not have any idea what you are talking about. In insurance coverage cases, attorneys talk about "fortuitous events". Clients most likely do not know what a "fortuitous event" is, but they certainly understand what it means when something burns down in a fire.

Sure, when you are talking to opposing counsel you may want to use legalese (but even then, it’s probably not worth it.) Talk to your clients as if they have not been to law school; unless you are representing an attorney, your clients haven’t actually been to law school. In my experience, my clients like it when I break things down and talk to them in a way that its understandable and relatable, not in a way that requires a dictionary or a Latin translator. People are more comfortable around people they can relate to easily, so one of the best ways to build repore with your clients is to stop using legalese!

Comments

[kurtizankacomuaxa]

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[Kevin O'Keefe]

Forgot to add not to sell yourself short by being new to blogging. All blogs are new.

Speak with passion and share what you know. You'll be amazed at the audience you can draw and the people you'll influence. Heck, you probably already know this but just thought I'd mention it.

Plus you have a nice blog going.

[Kevin O'Keefe]

Thanks for complementing my post. I wish I could be as eloquent as you in the reasoning for my position.

I really feel strongly about lawyers beginning to talk like real people. Funny thing is that I believe other lawyers feel the way you and I do but are afraid to act politically incorrect by coming out against the word 'blawg.'