Is the Form Still Blank?
Maybe Your Client Has Difficulty Reading

by Cheryl Stephens

Reprinted with permission from BarTalk, B.C. Branch, Canadian Bar Association, July/Aug 1993 Vol. 5, No.5. Following up on this article, The Canadian Bar Association produced the Lawyers for Literacy Information Kit.

A business client may trust others to handle all legal documents and accounting. She may "forget" to bring her reading glasses to your office or not have time to review a document. She may express frustration over the welter of paperwork associated with a conveyance. She may ask to take an annual report home to study before signing. Another client may be at risk of losing his income because he refuses job training, a promotion or reassignment. All these are possible indicators of literacy problems.

You can help these clients by

identifying clients who may have trouble reading
adopting practice techniques that help the client
referring clients to agencies that deal with adult literacy

To help these clients, you need to be observant and aware. And be cautious. Adults with literacy problems can be embarrassed by people who make a big deal of it or who talk about it in front of other people. They may not have received much support when they revealed their low literacy skills in the past. And they may never have revealed it because of the stigma of illiteracy. To hide their inability to read and write well, they may put up defences or act angry when they feel embarrassed This information should help you to help your low literacy clients.

How to recognize when a client has a literacy problem

Most lawyers wouldn't want to ask, "Can you read?" It can appear to be insensitive. But there are clues that a client is not able to read the legal documents you want her or him to read and understand.

If you wonder whether a client has reading difficulties, consider whether the client has not completed high school or has difficulty speaking English. Both the Southam literacy survey and the 1989 Statistics Canada census results show that low literacy is not primarily a problem for immigrants, or people whose first language is not English. Most people with low literacy skills were born in Canada or have English as their first language. Low literacy is not mainly a problem for senior citizens, or high school drop outs. Low literacy can be invisible. Low literacy is a problem that knows no age, education, economic boundaries or national origins.

Low literacy is a problem for 12% of adults in B.C. who cannot read or must struggle to read simple text. But over one third of all adults can't cope with unfamiliar or complex information. This means 650,000 adults in B.C. cannot:

understand the instructions on a medicine container
read stories to their children
read correspondence from their bank, Revenue Canada, or their lawyer.

If you give your client a legal document to read, does the client read slowly and laboriously? Is the client unable to summarize what the document says? Has the client filled in a form with the wrong information or made mistakes in spelling or grammar? The problem may be that the client can't read well enough to understand the questions or can't write well enough to answer.

Clues your clients give you

People who have low literacy skills have developed strategies to compensate. Some of the following behaviours may indicate a literacy problem:

using the excuse, "I forgot my glasses."
saying, "I don't have time to read this now - can I take it home?"
wanting to take forms home to fill out, "when I can think about it"
saying, "I hurt my hand (or arm); I can't fill these out."
bringing along a friend or relative (who will help with reading or filling in forms)

Don't be misled by behaviours that may accompany literacy problems. Sometimes clients will appear to be uninterested in their case or unwilling to participate in finding solutions. They may act like this even though the activity doesn't involve reading. They are fearful and apprehensive that it may lead to reading later. They may:

not show up for appointments
show nervousness or embarrassment during interview
act confused and ask unrelated questions
not ask questions for clarification
not answer the question asked
have difficulty following instructions
be compliant, nod agreement but not do what is expected.

Sometimes people behave in a ways that seem to show a poor attitude while actually indicating a literacy problem. They may do things like:

act frustrated and leave in a hurry
become angry and storm out
act out frustration in physical confrontation

How to help with the legal problem

Talk about the legal problem and repeat yourself. People who can't read pick up compensatory skills. They have well-developed memories and may use mnemonics - memory tools. They may ask you to repeat something because they want to memorize it. You can also help by finding new ways to convey information.

Help the client commit important information to memory.: Repeat important facts and instructions. Summarize the discussions before the client leaves. Suggest the client call if he needs to refresh his memory on what is to be done.
Show the client what is needed.: If you must ask the client to get a book, a brochure, a government or stationer's form, show the client a copy before he or she leaves your office. The client will try to remember what it looks like - but why not give the client a photocopy of the front cover or first page of the item.
Give the client reminder calls.: Have someone phone ahead of time to confirm the appointment and explain the purpose of the meeting.
Call about important matters.: In addition to sending a letter, call the client to confirm meetings or inform her of facts. You could ask your assistant or secretary to call "to confirm receipt of the letter" and then orally review the important information it contains.
Tape-record your conversation and give the client the tape.: Your client can replay the tape to hear the conversation again. This is appropriate when you are explaining the legal issues or directing your client on a course of action.
Tape-record your letters to the client and send the tape.: If taping your client interviews makes you uncomfortable, you can offer to tape important information and mail it later. In addition to sending a confirming letter, send a tape-recording. Remember to use an audio-tape - not a dictaphone tape.
Refer the client to Dial-A-Law for more information.: Give the client the Dial-a-Law brochure. Dial-a-Law has recorded messages on more than 140 legal topics. Circle the telephone number and the number of the tape the client should hear. Say the numbers aloud when you point them out on the brochure.
Use plain language.: One in three adults in B.C. can only cope with written information that is simple and clearly laid-out. These adults need language that is familiar and information that is well-organized.

How to help your client with the literacy challenge

Although 650,000 adult British Columbians have difficulty reading, less than two in 100 of those adults is enrolled in a literacy program. When counselling a client, if it seems appropriate, you can do more than help your client with a legal problem. You can talk about whether literacy training is needed.. By referring your client to a literacy program, you can help him or her begin to share more fully in family, community and world events.