Byte of Prevention Blog

Author: Will Graebe

The Scenic Route to Confusion

Scenic Route

If you ask me for directions, you might want to block out some time on your calendar. I don’t just give directions. I walk you through landmarks, traffic patterns, and at least one optional alternate route “just in case.”  By the time I am finished, you might wish you had never asked. My wife has suggested that I could star in one of those Progressive Insurance commercials about becoming your parents. And she did not mean that as a compliment.

As lawyers, we are trained to explain things thoroughly. We learn to anticipate questions, address counterarguments, and close every possible gap. We are taught that if something can be misunderstood, it eventually will be. So, we add more context, more detail, and more qualifiers. We keep going until the explanation feels complete.

The problem is that what feels complete to the lawyer often feels overwhelming to everyone else. Over-explaining is usually driven by good instincts. It comes from a desire to be accurate, careful, and helpful. It is also fueled by a quiet fear that if something is left unsaid, it might come back to cause a problem later. So, we have a tendency to overdo it.

But in trying to cover everything, we often obscure the one thing that matters most.

Clients are not usually looking for a dissertation. They are looking for a simple answer. What should I do? What are my options? What matters here? When those answers are buried under layers of explanation, the message gets lost. The client reads quickly, misses key points, or walks away more confused than when they started.

A client who does not clearly understand the advice is more likely to make a poor decision, ignore part of the guidance, or fill in the gaps with their own assumptions. That is where misalignment begins. The lawyer believes he gave a complete explanation. The client believes they understood it. But they are operating from different takeaways.

None of this means that detail is unimportant. There are absolutely times when a full explanation is necessary, especially when the issue is complex or the stakes are high. But even then, structure matters.

Start with the answer. Before you walk through the analysis, tell the client what they need to know in clear, direct terms. Then, if necessary, explain how you got there. This gives the client a framework to understand the details that follow.

Be selective about what you include. Not every possible argument or outcome needs to be explained in every communication. Focus on what is relevant to the decision at hand. Save the deeper dive for when it is actually needed.

Pay attention to how it reads. What makes sense in your head may not translate the same way on the page. Use shorter sentences and clear headings. Even a simple “Here’s the bottom line” can make a difference.

The goal is not to say everything. The goal is to be understood. Lawyers over-explain because we care about getting it right. But getting it right also means making sure the person on the other end actually understands what we are saying. And sometimes, the most effective communication is not the most complete. It is the most clear.

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