Some questions a litigator may ask

If someone suffers a loss, and a document you have written is involved (eg. advice, contract, procedures), here are some uncomfortable questions you should be prepared to answer:

  • How did you judge that this document was suitable? Or if a financial disclosure document; How did you judge that this document was clear, concise and effective?
  • What steps did you take to make your readers could find the information they need, understand what they read and know how to act or respond to the information?
  • How did you confirm this document would likely be understood by the people it was intended for?
  • How did you test the document? Who did you test it with? What was your test method?
  • Why did you choose not to test this document?
  • What professional expertise did you engage when preparing this document? Did you include communication expertise as well as content expertise?
  • Did you consider the consequences of somebody not being able to read or understand this document?
A tale of two documents …