If you’ve ever felt like the Australian legal system is inaccessible, you’re not alone.

There are a number of factors which have contributed to this perception. At the top of the pile is a deep sense of uncertainty about the mystery of the legal system and how it all works. There is also a lack of faith that the people trained to guide clients through the system and represent their best interests can explain each step in a way that makes them feel at ease.

Why do so many lawyers insist on speaking and writing in ‘legalese’ – that verbose language that seems designed to confuse listeners?

At best it’s a lack of awareness of the importance for clients to understand what is taking place, and at worst it is an attempt to create a relationship in which there is a heavy reliance by the client on their lawyer and a relationship of authority or power. Some lawyers appear to have lost sight of the fact that whilst yes, they have a level of knowledge and expertise in the law which their clients don’t, it is the client who is the decision make in the relationship.

Fortunately, a growing number of legal practitioners understand the importance of clear, concise communication. The legal industry is waking up to the fact that speaking plain English is one of the keys to a successful, trustful, lawyer-client relationship.

So why does plain English matter?

Some lawyers use legal jargon as a time-saving way to express complicated legal concepts. While this is acceptable in communication between colleagues and peers, let me make it very clear that this is not OK in communication between lawyer and client.

The average Australian doesn’t have, and shouldn’t be expected to have, any legal training. It’s a lawyer’s duty to explain a client’s legal situation to them in an easy to understand manner, ensuring they feel as comfortable as possible in what is typically a highly stressful situation whilst providing the very best legal representation possible.

Plain and simple, clients have a right to understand what’s going on with their own matter.

Unfortunately, some legal practitioners use legalese to heighten urgency or emphasise potential negative outcomes. This often creates a climate in which clients don’t feel confident or comfortable enough to ask questions. This is unacceptable. Just as you should ask questions before making a large purchase or before undergoing medical treatment, so too should clients ask questions of their lawyer if they have any doubts or uncertainties, or simply don’t understand what is being explained to them, and they should keep asking questions until you do understand. In this situation the old adage that ‘There are no stupid questions’ has never been truer.

When a client has a clear understanding of their legal position, they are able to make informed decisions about their matter.

Yes, It’s true that lawyers are hard pressed for time, but this is no excuse for taking shortcuts and not taking the time to explain to a client their situation and options.

A lawyer who doesn’t have the time or the ability to explain a client’s legal affairs to them simply and clearly, is a lawyer which should be avoided. I firmly believe, it takes greater insight to communicate complex ideas clearly, concisely and accurately than it does to use legalese and jargon.

At Bayberry & Weir Legal we consider ourselves to be a new breed of legal representation for the average Australian, and we have a strong focus on giving our clients legal peace of mind through an often stressful time.

We fully understand that many people feel intimidated by the legal system and therefore miss out on valuable legal advice which could significantly improve their commercial or personal legal situations.

Because of this, Bayberry & Weir has a ‘no jargon policy’.

We prioritise a warm, approachable, simple communication style when dealing with all clients. We do this by explaining to clients:

·      The legal process and procedures which are relevant to their matter;

·      How their challenges will be dealt with by the legal system;

·      Potential outcomes;

·      By providing a fixed fee…a fixed amount that they can have certainty will not change; and

·      Free initial consultations.

Also, we travel to our clients or meet them in a location convenient to their home or work.

What’s the payoff for us?

Our way of operating leads to return clients and a high rate of referrals. From a business point of view, it just makes sense.

On top of being very good at what we do, our clients appreciate working with legal professionals who speak to them like a real person and make the law accessible.

Because legal advice in a no-nonsense, plain English kind of way, is the best way.