All work is accomplished by way of communication. Supreme Court decisions are not issued unless lawyers effectively communicate through written briefs and oral arguments, and Justices (and their law clerks) draft the opinions that become the law of the land. Last-second shots to win the NCAA Tournament are not made unless the coach effectively explains the play call to her players. Hangry toddlers are not satisfied with their Happy Meal unless the parent properly expresses to the drive-thru worker the need for ketchup on the side of the hamburger – not ON the hamburger.

When communications are not effective, productivity is slowed. Mistakes – even critical ones – can be made. The needs of clients are not met. Frustrations rise. Trust can break down. In short, effective communication is key to accomplishing our goals, both professionally and personally.

From years of work as a lawyer – communicating orally and through written word with many types of audiences, through many types of situations, for many different purposes – I present to you ten recommendations for more effective communication. By incorporating these practices into your daily communications, it is my hope that you are able to achieve maximum results for your clients and mutually benefit yourself and your audience.

10. Make the answer “yes.”

When seeking an answer from a client, a court, or even a spouse, communicate the facts and make your ask in a way that prompts your audience to answer “yes.” The reason for this is not complicated. People like to say “yes.” People generally like to agree. They like positive outcomes. Presenting what you are asking in a way that makes them want to agree is a subtle way to persuade your audience to make the desired choice.

9. Don’t avoid the bad facts.

This may, at first blush, seem to contradict the point above. However, confronting bad facts head-on, instead of downplaying them or, even worse, hiding them completely, again helps to explain to your audience why your position is correct. Anticipating counterpoints takes the wind out of the sails of your opposing side. For example: “I anticipate, your honor, that opposing counsel may attempt to argue that their expert, Dr. Smith, opines that my client did not act in the way Dr. Smith conducts her practice. However, it is important to note that Dr. Smith specifically refused to testify that my client failed to meet the standard of care. Without that testimony, Plaintiff cannot meet her burden of proof, and summary judgment must be granted.”

By getting ahead of the opposing side, instead of letting them have their “ah-ha” moment when it is their turn to present their case, you have strengthened your position and have already set the stage for your audience to listen skeptically to whatever your opposition has to say.

8. Come back to your “why.”

Don’t allow your audience to forget why what you are communicating is important. “I need you to sign this document and return it to me as soon as possible, since we cannot move forward with filing until we have this Verification completed.”

Sometimes we can get too focused on the needed action and forget that our audience may not fully understand why the action we are seeking is so necessary. When we are in the trenches, or when we have specialized training or experience, we can forget our audience does not always share this basis of understanding.

When two mechanics talk to each other, they do not need to explain why it is important to change your oil every 5,000 miles. They share the specialized knowledge to understand this importance inherently. However, when a parent explains this need to a new sixteen-year-old driver, it is important that the parent explain that failing to change the oil regularly can cause catastrophic damage to the engine. Otherwise, the teenager is likely to dismiss the information as a mere suggestion, not a warning against much more costly repairs. Explaining why you are communicating can only help to facilitate your communication being acted upon promptly and completely.

7. Take a tool from the lawyer’s toolbox – CREAC.

I can preemptively feel eyerolls that are coming from some of the lawyers reading this article. Yes, your old friend, CREAC is back. For those of you who may have wiped the memory of 1L Legal Research and Writing from your mind, or for those of you who were (perhaps) wise enough to forego law school for another less stressful profession, CREAC stands for Conclusion – Rule – Explanation – Analysis – Conclusion. By using this framework, you can force yourself to explain the “why” behind your communication, and can also present the information needed in a linear fashion to make it as easy for your audience to follow as possible.

Let’s use a non-legal example to demonstrate this lawyer-specific point:

Conclusion: It is best to share.

Rule: The Golden Rule is to do unto others as you would have done unto you.

Explanation: This means that, in order to facilitate relationships with others, we should treat others in the same manner in which we would want to be treated in any given situation.

Analysis: In this instance, Sam, you have two cupcakes, and your friend, Julie, has none. If you were in Julie’s shoes, you would like it best if your friend with two cupcakes gave one of their cupcakes to you. That way you could each enjoy a cupcake together.

Conclusion: Sam, it is best that you share your two cupcakes with Julie.

While this example may be rudimentary, it allows us to see what using CREAC allows us to do, even in a schoolyard situation. We have set Sam’s expectations for what he is going to hear by telling him our conclusion from the start. Next, we have repeated to him a rule of social interaction that he has likely heard before, and with which it is hard to disagree. We have explained in greater detail what this rule means to ensure he understands it. Then, we apply that rule to Sam’s situation to show him how using the rule leads us to the outcome we presented at the beginning.

Using this method keeps your audience with you, and allows you to persuade and inform simultaneously to make your communication as effective (and streamlined) as possible.

6. Avoid extraneous details.

One thing upon which I am confident we can all agree is that we are too busy. We are too busy for a long email. We are too busy for more than a five-minute phone call. We need to know what we need to know as quickly as possible so we can make a decision and move on to the next task.

When communicating, recognize your audience – regardless of their position in life – needs you to get to the point. I am not suggesting you sacrifice critical information for the sake of brevity. If you need to say it, say it. However, including the backstory to how you came about the information you are relaying is probably not the best way to spend your precious time, or your listener’s limited attention span.

To master this tip in written communication, proofreading is key. Yes, this may take more of your time behind the scenes. But, in the end, it will help you begin to recognize when you are going off-topic, or “over-sharing” so that you can stop before you start in the future. When speaking, read your audience’s body language for cues on when you may be going too far. Think ahead to your next statement and ask yourself: “Can my audience act without this information?” If the answer is yes, it may be best to skip ahead.

5. Formatting is your friend.

At times, long communications may be necessary. Perhaps a situation has many moving parts that all must be explained in order to tie together to show why the action you are proposing is prudent, or even required. When your written communication must be lengthy, use formatting to help your audience.

Think of formatting as your own personal highlight reel for your communication. You need to show your audience the full game, but you use section headings, bold sentences, and lists to ensure they pay attention to the “key plays” that make or break what you are saying.

Use formatting to break up otherwise long sections of text with headings (notice each of my sections here are only about three paragraphs long); highlight action points with bold or underlined sentences (see what I did there); and use bullet or numbered lists to:

• enumerate items
• that would likely
• otherwise be
• lost in
• drawn-out sentences.

4. Set timelines and stick to them.

The importance of clarity in expectations cannot be overstated. Think back to our sixteen-year-old new driver. What would happen if his parent had told him “You need to change your oil regularly,” instead of “You need to change your oil every 5,000 miles?” What does “regularly” mean? As regularly as when you put gas in the car? As regularly as when you change the tires? Using vague phrases such as “soon,” “when you can,” or even “as soon as possible” can lead to misunderstandings and frustrations on both sides of the communication.

Instead, it is best to set specific timelines and stick to them. Don’t tell someone you need a document by Friday, and then on Thursday tell them that Monday is okay. This kind of backtracking can lead to your audience (especially if it is an audience with which you communicate regularly) to dismiss your timelines as irrelevant, since they now expect you do not actually mean what you say.

Let your Monday be Monday and your Friday be Friday.

3. Set your tone, and content, to meet your audience.

Imagine you are on an island vacation, taking in the panorama view. The beach, the crashing waves, the sea life. Now, back at home, you share your experience talking to your children when you arrive home from the airport. The next day, you talk with your boss in the elevator and tell her about your vacation. You also talk with your best friend about it over dinner that night. I would expect that these conversations, although you are discussing the exact same subject matter, are each distinct from the other in their tone and their content.

The tone you have with your child would not be appropriate with your boss. Likewise, the content of what you share with your friend may not be kid-appropriate. Tailoring your communication to meet your audience shows respect, and also allows you to communicate with that audience most effectively. You will get nowhere fast trying to negotiate a settlement with an opposing side using the same tone you would take during a conversation with a friend over cocktails.

2. Invite questions and feedback.

Communication is a two-way street. To that end, invite your audience to ask questions and offer feedback. Without feedback, you are unable to confirm that your message has been received in the way you intended. Similarly, questions can show a gap in understanding, or show that your audience is ready to move on to the next level of thinking on the given topic.

Do not see questions or feedback as a sign of push-back or weakness in your communication. Use both as opportunities to improve your future communication, and also ensure you are meeting your audience’s immediate needs.

1. Be polished.

Nothing detracts more from a communication that a glaring error. (Again, see what I did there.)

In oral communications, this point can also be applied to plan out your communication in advance, if possible, to help structure sentences and paragraphs coherently. Even practicing your oral delivery in front of a mirror can help ensure your delivery is polished to help prove your points. Of course, in written communication, this point is even more important.

Errors in written communication can be an annoyance, at the least, and can dramatically change meaning, at the worst. Simply missing a “not” in a sentence can make your recommendation or conclusion completely opposite of what you intended, even in a simple text message communication. This can not only serve to mislead your reader, but also render the rest of your communication incoherent as you argue for the opposite of what you are proposing.

Take the time to proofread. Read aloud. Print and mark up if needed. Even utilizing the plug-in tools now available can help ensure your communication is polished, and that you are, therefore, getting your point across correctly and credibly.

Ah, the end. We have arrived. I hope here you can reflect and find that you already, even subconsciously, use many of the tips outlined above in your daily communications. For those items that are new to you, I encourage you to work to build them into your communication practice, even over time. Master one, then add another. As you do, I am confident you will find that your communications assist you in obtaining maximum results for your client through clear and persuasive presentations and mutually benefit yourself and your audience with streamlined discussion and clarity in expectations.