I recently read an article in the journal Organizational Behavior and Human Decision Processes titled “Compensatory conspicuous communication: Low status increases jargon use.” https://www.sciencedirect.com/science/article/abs/pii/S0749597820303666 Authors Zachariah C. Brown, Eric M. Anicich, and Adam D. Galinsky noted that jargon is used to “efficiently communicate and signal group membership.” According to the authors, the use of jargon is not a sign of competence or intelligence. Rather, the use of jargon signals a person’s status, not unlike a gold watch or expensive vehicle. Lower status employees use jargon to impress others, signal competence, and increase their status.
Lawyers surely must be one of the top jargon-use-offenders…right up there with mechanics and newly minted M.B.A.’s. Lawyers use jargon to signal membership in an insular community (I have a law degree and you don’t, or I work in a specialized area of the law and you don’t). For example, unless you have experience in the litigation world you may not instantly understand S/L, PA, DC, Roggs, RFPs, RFAs, MSJ, Depos, or Pleading. Having worked with national counsel from other parts of the United States, I have found that there are even regional differences in lawyer jargon. Furthermore, you may have litigation experience but you might not be familiar with the acronyms SDS, CPSC, or MedWatch unless you specifically work in the chemicals, consumer products, or medical products areas—an even more insular community within the litigation world.
To be sure, there are times when lawyer jargon serves an important role in communicating complex ideas in a technical and precise way. For example, it would be difficult to draft a Motion or appellate brief utilizing the legal concepts of “Respondeat Superior” and “proximate cause” without using those exact terms. But, I don’t think these terms have a place in our daily communication with clients. The terms may come across as annoying, elitist, confusing, or even intimidating. Most of the time, lawyer jargon gets in the way of a lawyer’s chief responsibilities to a client: helping an anxious client quickly and easily understand how the looming legal problems could affect the client’s long-term business interests.
Client communication is important. Communication must be 1) simple, 2) clear, 3) consistent, 4) confident, and 5) relatable. Otherwise, the lawyer’s expertise and value gets lost in the overuse of jargon
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Christian & Small LLP represents a diverse clientele throughout Alabama, the Southeast, and the nation with clients ranging from individuals and closely-held businesses to Fortune 500 corporations. By matching highly experienced lawyers with specific client needs, Christian & Small develops innovative, effective, and efficient solutions for clients. With offices in Birmingham, metro-Jackson, Mississippi, and the Alabama Gulf Coast, Christian & Small focuses on the areas of litigation and business, is a member of the International Society of Primerus Law Firms, and is the only Alabama-based member firm in the Leadership Council on Legal Diversity. Our corporate social responsibility program is focused on education, and diversity is one of Christian & Small’s core values.
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