Causes of difficultiesCauses of difficulties– 7.2 million: arthritis or rheumatism– 5.7 million: back or spine problems – 4.6 million: heart trouble – 2.8 million: lung or respiratory trouble – 2.2 million: high blood pressure– 2.0 million: stiffness or deformity of the foot, leg, arm, or hand– 1.6 million: diabetes – 1.5 million: blindness or vision problems

http://www.census.gov/population/www/pop-profile/disabil.html

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What I wish my lawyer knew about meWhat I wish my lawyer knew about me

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““Poverty skills” we may not have . . . Poverty skills” we may not have . . .

• Get by without a car or phone.• Move in half a day.• Wait patiently for hours.• Cook without a kitchen.• Cash checks without ID.• Get and use food stamps to buy groceries.• Walk in a dangerous neighborhood.• Use a laundramat without getting clothes stolen.• Find garbage bins with eatable food.• Live without a checking or savings account.• Find overnight shelter on several hours’ notice.

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““Middle Class Skills” that we can’t Middle Class Skills” that we can’t assume our pro bono clients have . . . assume our pro bono clients have . . .

• File paperwork for later reference• Keep an appointment book• Obtain reliable and competent child care• Drive in unfamiliar parts of the city (read a map)• Distinguish between legitimate vs. deceptive

advertizing• Understand legal rights against a landlord• Get the best interest rates on a loan or credit card (or

even know what interest rate you are being charged)• Sort through facts chronologically or in order of legal

importance

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Living in Poverty: Constant CrisisLiving in Poverty: Constant Crisis

• Financial – lack cash, credit, property, equity, cushion on which to plan ahead

• Mental and physical health – difficult to access health care, substance abuse problems, mental health problems affect comprehension

• Transportation – limited options, time-consuming• Time – limited (multiple jobs, child care, transportation):

people in poverty have to wait hours for services• Housing instability – many moves

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People in poverty are more vulnerable to:People in poverty are more vulnerable to:

• Claims of quick cash fixes• Credit cards arriving in mail• Deceptive advertising• Poor housing and jobs - few choices

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• Even fewer choices if criminal record • Predatory practices – door to door solicitation for loan

refinancing, etc.• Difficulty leaving abusive relationships, lack of family stability• Cycle of default judgments and garnishment – resulting in NSF

checks and overdraft fees

Do we have enough lawyers?Do we have enough lawyers?

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It depends.•1: 242•1: 3,400

Communication BarriersCommunication Barriers

Missed communication = lack of client follow through. Do not assume message sent = message received.

1.Number of words2.Registers of language3.Abstract vs. Concrete

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Number of words children are exposed to:Number of words children are exposed to:

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Economic group # of wordsWelfare 13 millionWorking Class 26 millionProfessional 45 million

Registers of LanguageRegisters of Language

“Registers” of LanguageFrozen The words are always the same. Examples: The Lord’s Prayer; the

Pledge of Allegiance.

Formal The word choice and sentence structure used by the business and education community. In English, uses a 1200 to 1600 word spoken vocabulary. Example: “This assignment is not acceptable in its present format.” (Also the language of negotiation.) Conversation assumes the ability to process information internally (abstractly)

Consultative A mix of formal and casual register. Example: “I can’t accept the assignment the way it is.”

Casual Language used between friends, characterized by a 400- to 800-word vocabulary. Word choice is general, not specific. Conversation is concrete and dependent on nonverbal, tangible assists (sight, touch, sound). Example: “This work is a no-go. Can’t take it.”

Intimate Private language shared between two individuals, such as lovers, or twins. 10

Abstract and Concrete Abstract and Concrete

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Abstract vs. ConcreteAbstract vs. Concrete

• Abstract:– In heads– Few visual cues

• Concrete– Pictures– Diagrams– Analogies– Using more senses (visual)

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Concrete InstructionsConcrete Instructions

• I’d like everyone to take out their math book [holds book up].

• Turn to your neighbor and help them along.

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• Now turn to page 27. Everyone on page 27 (look around, make sure)

• Now go halfway down page 27 and start reading at the second paragraph.

Consider oral vs. print culture Consider oral vs. print culture

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QUESTION: QUESTION:

If we are using formal (and abstract) language and our client is using casual (and concrete) language . . .

1.What might be the impact on communication?

2.What might be the impact in the courtroom?

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Plain English Suggestions Plain English Suggestions

1. Short sentences.

2. No legalese.

3. Clearly organized.

4. Repeat every so often.

5. Check for understanding

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ExerciseExercise

Typical retainer agreement language:

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• Attorney shall update the client on any and all changes in his or her status and respond to client’s inquiries or other communications without delay.

How would you write it in concrete language and casual register words? _____________ ____________________________________________________________________________________________________________________________________________________________________________________________________________________________