Major Pitfalls in Document Redesign to Avoid with Testing: Practical Tips and Real-Life Examples!

When it comes to designing legal documents like contracts and other commercial agreements, one of the biggest mistakes we can make is relying too much on our assumptions. As lawyers, drafters, or designers, we might feel pretty confident about what we think users need. But here’s the catch: just because something makes sense to us doesn’t mean it works for the people actually using it.

Think about it this way: navigating a poorly redesigned legal document can feel a lot like wandering through a maze without a map. Users can easily end up even more confused and frustrated, and in the worst cases, they may even overlook critical information. That’s why getting direct feedback from users is so important.

There are many Techniques You Can Use for Contract and Legal Design, and in this article, we’re going to explore why testing your redesigns is crucial. We’ll look at how assumptions can lead us astray and how engaging with real users can help us create documents that are not only clear and user-friendly but also effective at speeding p business deals snd onboarding new customers. Let’s dive in and discover how we can make legal document work for business users, rather than just the lawyers who draft them!

1. The Risks of Not Testing Your Legal Documents: Why Assumptions Don’t Work

When it comes to designing legal documents, especially contracts and terms of use, one of the biggest mistakes you can make is relying solely on your own assumptions. Sure, you may have a good sense of the legal content, but if you’re not getting direct feedback from the people who actually need to use the document, you’re risking confusion, frustration, and non-compliance.

1️⃣ Assumptions ≠ Reality

Let’s face it, the way we organize information might make sense to the lawyers as drafters, but that doesn’t mean it works for the end user. Often, we think we know what users need or how they will interact with the document. For example, you may decide to rearrange the sequence of information in a contract, thinking this makes it more logical. But have you asked users what’s important to them? Without testing, you’re likely creating a structure that works for you—not for them.

This is one of the most common traps when redesigning contracts. You might think you’ve nailed down the best layout, added a few visual features, only to find that users can’t find the information that matters the most to them. Testing provides that reality check that tells you if your ideas actually work for the people they’re meant to serve.

2️⃣ Missing Out on User Feedback is a Huge Opportunity Lost

User feedback is invaluable because it reveals what you can’t see from the inside. Without it, you’re missing the chance to learn how everyday users actually interact with your document. This lack of understanding can lead to ineffective communication, misunderstandings, and ultimately, a breakdown in trust. Another negative consequence of not seeking user feedback on legal documents is the risk of creating an adversarial relationship with users.

In some circumstances, we even recommend asking for users' input before the redesign. Asking for input from users as early as possible in the project helps validate what matters the most to users, allowing you to use that input to create a more logical flow of information, That's so much better ad efficient compared to second-guessing how to go about your document redesign. When you gather users' input, it may feel like an extra step initially, but it ultimately saves you a lot of time down the road. It helps you can redesign the document using that valuable feedback instead of stalling the legal design process or constantly doubting about your redesign choices. 

Asking for feedback is essential for all types of documents, but it’s particularly crucial for terms of use. After all, terms of use are meant for users! And this is Why We Love Redesigning Terms of Use. The problem is that most terms of use are drafted by lawyers for lawyers, overlooking the fact that users are often business professionals rather than legal experts. This disconnect can lead to documents that are confusing and difficult to navigate for those who need to understand them most. To be effective, terms of use should be tailored to meet the needs of everyday users, ensuring clarity and accessibility. 

Inside our Bootcamp, we do the testing for each and all of document redesigns produced. Interestingly, we noticed that the testing process helps participants clear up some doubts when it comes to their redesign. Why? The tests reveal what matters the most to users and how they like to interact with the document which in turns gives participants greater confidence in the redesign they’ve made. Whether it's Redesigning Delivery Clauses or producing Award-Winning Contract Re-Designs, these examples highlight the impressive outcomes achievable through the Bootcamp. These redesign not only look great but also function better - Trust us, we've tested them!

3️⃣ Second-Guessing vs. Testing: Which is Easier?

When you rely on assumptions, you’re constantly second-guessing your choices: Did I prioritize the right information? Is this layout clear enough? Will users actually understand this important clause? Testing makes everything easier. It gives you data and insights directly from your target users, allowing you to build documents with confidence.

Ultimately, usability testing puts the focus back on the user, ensuring that the document’s structure, language, and design flow for them—not just for the person drafting it. Easier than second-guessing, right? 

2. Biggest Mistakes to Avoid When Running a Usability Test

1️⃣ Don't Ask for General Opinions—Test with Specific Tasks

One of the biggest mistakes you can make when running a usability test is asking users general questions like, “What do you think of this new document?” or “Do you like the colors?” While these questions can give you some insight, they won’t tell you how effective the document is in practice. What’s more important is how users interact with the document—can they find the information they need? Can they understand the content? Do they follow the flow as intended?

The best way to validate user experience is to give users specific tasks to complete using the document. For example, you might ask them to locate a specific clause, find an important deadline, or explain a key term in their own words. By focusing on tasks, you’ll see firsthand how well your document functions, not just how it looks.

2️⃣ Avoid Relying on the "Wow" Factor

Most of the times, because of lack of time or resources, it's easiest to show the redesigned document to clients instead of real users. And if you get responses like, “Wow, this is so different and better!” - Don't fall into that trap! While that’s great to hear, a “wow” from your stakeholders, it doesn’t mean the document is effective, easy to use, or usable for all users. Testing meticulously with users is key to validate the document works better for them. 

The wow factor can be a powerful indicator of innovation, but it’s not a guarantee of usability. Just because something looks visually appealing or impresses users on first glance doesn’t mean they can easily navigate it or that it functions well for everyone—especially for users with disabilities! This is why you absolutely need to ask user for their feedback. 

Inside our lab, we’ve tested some famous document redesign that give an initial wow effect but may not turn out to be that easy to work with, especially for users with disabilities. We've seen that sometimes the heavy use of colors can overwhelm important information, making it difficult for users to focus on the document. Worse, an over-reliance on color can create accessibility issues for users with disabilities. Think of users color blindness, if you only rely on colors to signal the passing or risks for example, you are hindering their ability to understand the content. Know that there are accessibility guidelines that needs to be followed to ensure inclusivity for all users, and these should apply when you redesign documents too! 

While a shiny redesign might delight your stakeholder, if it does not work for users and does not comply with accessibility standards, you have just created more usability problems. Not only the document is not usable but it will leave out a large and already vulnerable segment of the population. This is why usability testing is about more than aesthetics—it’s about ensuring the document works for all users.

3️⃣ Learn How to Ask the Right Questions

It’s not enough to ask, “Did you like this new document?” . Instead, you need to dig deeper and suggest specific scenarios, such as, “Let's imagine you want to terminate the contract, what are the conditions?” This question prompts users to engage with the document's specific language and provisions. It encourages them to think critically about the terms, such as notice periods, grounds for termination, and any penalties involved. By doing so, you can identify whether the information is easy to find and if the language is clear and straightforward or if there are areas that might cause confusion. This scenario not only tests usability but also reveals how well the document communicates critical information to users who may not have a legal background.

4️⃣ Define KPIs and Metrics for Success

Another area where people often slip up is not having clear Key Performance Indicators (KPIs) or metrics to measure usability. Without metrics, it’s hard to gauge whether your changes have improved the user experience. Are users completing tasks more quickly? Are they making fewer errors? These measurable outcomes are key to understanding how well your document performs, beyond just visual appeal.

By focusing on specific tasks, asking targeted questions, and measuring the right metrics, you’ll be able to validate usability far more effectively. You’ll know for sure that your document is not just visually impressive but also functional, accessible, and user-friendly.

3. Example: How to Test Your Terms of Use and Make Them Better with User Feedback

Terms of use are more than just a legal requirement—they're a key touchpoint between your business and its users. When terms of use are difficult to understand or feel unfair, users may become frustrated and distrustful, leading to a negative perception of the business. This can ultimately result in higher churn rates, as users are less likely to engage with or remain loyal to a brand that doesn't prioritize their needs or understand their perspectives. This is Why We Love Redesigning Terms of Use, to make them clear, engaging, and beneficial for both businesses and their customers!

To make sure these documents are truly effective, it’s essential to gather user feedback throughout the redesign process. Here’s why:

1️⃣ Understanding What’s Important to Users

Without user input, it’s easy to assume you know what matters most to them. But terms of use often cover a wide range of topics, from privacy policies to liability caps. By collecting user feedback, you can prioritize the information that is most relevant to them and make sure it’s not only clearly addressed but also easy to find.

This reduces friction and makes it easier for users to quickly locate what matters to them, whether it's their data rights or service limitations. When users know exactly where to find the answers to their concerns, they feel more confident using the platform, and you reduce the chance of misunderstandings.

2️⃣ Validating Tangible Improvements

Redesigning terms of use isn’t just about making them look better; it’s about improving their functionality. By gathering user feedback, you can validate whether the changes you’ve made are having the intended impact. Are users finding the document easier to navigate? Do they feel more confident in their understanding of the rights and obligations laid out? Are the terms fair and balanced?

For example, by ensuring clarity in sections about user restrictions or limitation of liability, you help users avoid confusion and prevent future conflicts. Users are more likely to trust your brand when they feel confident that they fully understand your terms. And as trust grows, so does their loyalty to your business.

3️⃣ Ensuring Fairness and Transparency

When you redesign terms of use with user feedback, you can check if the terms feel fair and balanced from the user’s perspective. This is critical because if users perceive the agreement as one-sided, they may lose trust in the brand. By listening to their input, you can ensure the terms foster trust, demonstrate transparency, and ultimately support user satisfaction.

It’s also essential to get feedback on how well the document helps users understand critical areas like how problems are handled, who is responsible, and what the limitations are (such as caps on liability). Users who know where they stand from the beginning are less likely to encounter surprises down the road—and they’ll appreciate the clarity.

4️⃣ Validating Usability

User feedback also helps you validate whether the document is truly usable. Can users quickly find what they need? Do they understand the language and structure? By testing usability, you ensure that your terms of use not only communicate the right information but also do so in a way that users can easily digest and apply.

This is exactly what we’re doing with Contract Nerds new (upcoming) Terms of Use, and we couldn’t be more excited! If you want to take part in a testing session, we’d love your feedback! 

Take Action Now!

Feedback needed for the (upcoming) new Terms of Use for Contract Nerds! Please schedule a chat with us here 🗓️ After booking, you’ll receive an email outlining what to expect—no prep needed! Your feedback is crucial for improving your experience!  

Plus, we have a little incentive for those who successfully conduct their test sessions by October 17th, 2024.  Everyone who books and completes their session will be entered into a drawing for a special mug. Don’t miss your chance! ☕🎉

Prefer to learn how to redesign documents and run the tests yourself? 💻 Join the next Visual Lawyer Bootcamp to learn the techniques for redesign and testing legal documents - You will get 5 core modules you can access on the platform, 60+ visual templates, ready-to-use professional document layouts and even the ability to join live hands-on sessions, get personalized feedback and ongoing support.

Questions? Feel free to email me at [email protected]. We appreciate your contribution and can’t wait to hear your insights. Until next time, keep testing and designing! 🎨📜