The Friend of the Court (FOC) is a complex place to use resources. Often, our clients are already on edge about
the issues they must address with this arm of the Circuit Court — one’s family,
finances, and very personal information.
There may be an element of fear involved, as this may be the first time
a client has had to conduct FOC business.
This is especially true if clients are acting on their own, attempting
to navigate the complicated procedures and legal language that are the
fundamental pieces of any domestic relations case.
As service providers, we are not in a position to change the
language of the law. Clearly, that must
remain the same. Legally mandated
procedure must also remain. So, how do
we make it easier and more comfortable for our clients to navigate our civil
procedures and make the best possible use of all of the available resources?
FOC staff is an invaluable intermediary between clients and
the circuit court. We cannot provide
legal advice and we have no control over statutes and court rules. FOC staff do
have control over the language and manner we use to communicate our policy, procedures,
and resources to our clients. That may
seem like a very small piece, but if we make a few minor changes to how we
share information with clients, there is a good chance for greater satisfaction
with the FOC, increased trust in the FOC system, and greater self-sufficiency
on the part of our clients.
In Politics and the English Language, George Orwell
offers this sage advice: Never use a long word where a short one will do.[1] For anyone in the legal community, we know
how difficult this can be. So perhaps,
the power of our message is in the method in which we communicate material to
our clients. The information and
resources that we offer about custody, parenting time, and support are
complicated. Considering that, we need
to understand that the how of our communication about our FOC resources
is just as important as the what of our communication.
Consider
the scenario where one is the recipient of very difficult news about a medical
condition. Generally speaking, there are
two ways in which this could go. The
first doctor could be very technical in delivery, with a tone that is
matter-of-factual and brusque, explaining the traumatic diagnosis from a purely
scientific point of view, without consideration for how this situation will
impact the patient. The doctor conveys
the information, and abruptly leaves the patient to digest it. The second doctor is more engaging with the
patient, makes direct eye contact with him or her, and offers a very clear,
perhaps somewhat simplified, analysis of the diagnosis. The conversation, with the same distressing news,
wraps up with a compassionate exchange about the impact the patient’s disease
will have on every aspect of his or her life and answers any questions the
patient has. The information is the
same, but the second doctor works harder to build trust with the patient, which
then makes the patient feel calmer and more receptive to the information and
resources.
To
fully convey the resources that our local Friend of the Court office offers to
clients, it is important to be transparent and understandable. By communicating with a slightly softer tone,
engaging the clients with open-ended questions, and taking time to learn what
their objectives are in the process, a determination is more easily made as to
what the FOC has to offer to the client.
Start
by asking, “How can I help?” This gives
clients the opportunity to articulate the what that they are seeking.
Continue
with, “Tell me more.” By taking a few
minutes to hear the story, we gain insight and information that allows us to
offer appropriate resources. This may be
where a staff member discovers that parenting time mediation has not proven
successful for the family, so a motion may be the only option.
Dig a
little deeper with, “What are your goals?”
In asking this, FOC staff may determine that a parent wants to change
domicile with a child, not just modify the parenting time order.
Finally,
“What else can I help you with?” Note
that the question is open-ended, and doesn’t allow a simple yes or no
response. It could begin another whole
line of discussion, or it could wrap up the interaction. In the end, though, this question builds
trust, and makes the client feel valued.[2]
