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Garrett Esq.

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Article: When I was asked to...

When I was asked to participate in Robert Kiyosaki's RichDad's Advisor series I was intrigued by the prospect of writing about legal issues in clear English. As lawyers we're trained to be specific. Which is why the language of legalease, with its specific terms and references, is so comfortable for attorneys. But when it comes to law for the layman the specificity of legalease is at complete odds with common clarity. So in this unique writing niche is it more important to be specific or clear? The answer, of course, lies in clarity.

I decided that the best way to clearly illustrate certain legal principles was through stories. People love stories. I like writing stories. But there was one hurdle.

My editor's initial reaction to the stories in my first book, "Own Your Own Corporation", was one of great concern. "You can't write about your clients like this. You'll violate your attorney/client privilege. And...and..."(now came the real problem) ...and we'll get sued."

In truth, my editor's concern was rational. I've seen far lesser claims litigated. But the fact of the matter was that these stories were pure fiction. Simple characters and situations wholly created and put forth to explain our legal system, not bring Warner Books into it. The hurdle was cleared.

As I travel around the country with Robert Kiyosaki's group giving speeches on "law stuff" (as my nine year old son calls it) I enjoy receiving feedback from readers. They like the clear writing at our site www.successdna.com. When asking questions about a certain legal concept they refer to the characters in the stories. They ask if Donny the Plumber was really a client of mine. (Once again, for the benefit of Bob on the 18th floor, the answer is no.) And they ask why most lawyers don't write in English.

I don't have a pithy answer for that one. I can only note our mention of specificity vs. clarity. When lawyers write in legalease they are not only specific but clear, at least to themselves. Legalease is convenient with only a small occupational downside: When you start dreaming in it there are no colors. I suppose the answer to the question of lawyers using English lies in high school education. When school administrators allow the teaching of interesting and useful topics such as law, the barrier between English and legalease will start to erode and merge. Just like Tex-Mex, Americans will become bilingual in the language of law. But let's be realistic here. We're talking schools and new ideas. We're a few years away. On the bright side, until that far off day arrives there is still a market for my books.


Copyright © 2004 Garrett Sutton