Tips for Avoiding Catastrophic Language

In my last post, The Dangers of Catastrophizing in Client Communications, I outlined the negative impact of catastrophizing on lawyer well being. While lawyers need to predict outcomes and envision worst-case scenarios, several conditions such chronic pain, anxiety, depression and fatigue are exacerbated by catastrophic thinking. I proposed that our catastrophic thinking could bleed into our client communications and cause them similar harm. We must strike a balance between utilizing our catastrophizing skillset and delivering options to clients in a way that allows them to make informed decisions without causing unnecessary anxiety.

Substituting catastrophic language with more neutral language may decreased the severity of the conditions mentioned above. Research conducted in the medical profession also found that a physician’s use of language and choice of words can influence how anxious patients are after a consultation. This post provides the following guidance and examples to minimize the use of catastrophic language in your client communications.

Catastrophic language uses absolutes and fear-based language. As illustrated by the examples below, it emphasizes the worst-case outcomes without providing context, probability or a plan forward. Catastrophic phrases include:

• “everything will be ruined”;
• “you will definitely lose”;
• “this is a disaster”; or
• “there is no way to recover”.

More appropriate client communication can convey seriousness while minimizing unnecessary client anxiety. We should aim to explain risk honestly but in a measured manner. The following examples of catastrophic communication and less-catastrophic rewrites help illustrate the difference:

Example 1:

Catastrophic Version:

“If we lose this application, your case is over and there is nothing else we can do.”

Rewrite:

“If the application is unsuccessful, it may significantly affect the direction of the case. However, we can review the reasons for the decision and consider any available next steps, including appeal, reconsideration, settlement, or other procedural options.”

Example 2:

Catastrophic Version:

“This deadline is disastrous. If you miss it, you will probably lose everything.”

Rewrite:

“This deadline is important, and missing it could have serious consequences. I recommend we gather the necessary information as soon as possible so we can preserve your options and respond appropriately.”

Example 3:

Catastrophic Version:

“The other side is going to destroy us in court.”

Rewrite:

“The other side may take an aggressive position, so we should prepare carefully. We can strengthen your position by organizing the evidence, identifying legal arguments, and considering resolution options.”

If you recognize catastrophic language in your client communications, keep in mind the following formula:

Identify the Risk + Provide Context + Avoid Absolutes Unless Justified + Identify next Steps

Also, adopt the following phrases in your client communications to set a less catastrophic tone and remind yourself of the formula above:

• “I understand this is stressful, and we will work through it step by step.”
• “There are risks, but there are also options available to us.”
• “At this stage, we do not need to assume the worst outcome.”
• “My role is to help you understand the risks and make informed decisions.”
• “We will focus on what can be done now to protect your position.”
• “I will explain each step before we proceed so you know what to expect.”
• “This development is important, but it does not mean the matter is hopeless.”
• “We can assess the situation carefully before deciding on the best response.”
• “You do not have to make this decision without guidance.”
• “I will let you know if something requires urgent action, and I will be clear about timelines.”

If you need more guidance or examples, a generative AI tool like Microsoft Co-Pilot may be of assistance. I relied on Co-Pilot to generate the examples above and find it particularly useful in providing suggestions for particular audiences, such as redrafting client communications in a less catastrophic manner. Examples of prompts you may use include:

• What is an example of lawyer communication to a client that uses catastrophic language?
• What is an example of lawyer communication that causes undue anxiety in a client?
• Show how to rewrite catastrophic language from a lawyer professionally.
• Suggest phrases to reassure clients.
• How can I rewrite (insert specific example) with less catastrophic language?

Before relying on any Gen AI tool for assistance with drafting client communication, ensure you review the Gen AI guidance provided by your law society and your employer/organization.