Tonsillitis and Legalese
My 8 year old daughter had her tonsils out last week. In the recovery room afterwards, the very helpful anaesthetist began explaining pain control. He told me how much paracetemol per kg was appropriate but the dosage and frequency depended on the no of mgs of paracetmol per ml in the particular product I would be using. Standing with my daughter, waiting for her to come round, with no pen or paper, I took very little in. But rather than telling the doctor that I was unlikely to remember what he was telling me, I kept quite, and found myself phoning the surgeon the following day asking her to simply tell me how many mls of medicine I should be giving and how often.
My brother-in-law pediatrician once told me that when he has to break bad news to parents, he puts it in writing to give to them to read again after their initial meeting. He also arranges an further time for them to come back to him to discuss all the questions they will undoubtedly have after the news sinks in. Doctors are taught that, when the news is bad, a patient will only take in about 20% of what they are told .
It made me think, we are in a similar position as lawyers. It is too easy to speak in "legalese" that we take for granted and expect everyone to understand. In being risk adverse, we can try to cover off all possible options and simply end up overwhelming the client.
We need to be careful that the lack of questions on the part of the client is not the result of them :
- Being totaling overwhelmed by the information given
- Not knowing where to start
- Not wanting to appear ignorant
Be like the doctor - break the information up into small chunks, use simple language, put it in writing, and, in appropriate circumstances, arrange a follow up meeting.

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