On the first day of my Senior Thesis seminar in
college, my professor/advisor told us that she simply would not respond to
anyone who failed to send a professional, well-articulated, and respectful
email to her. She wanted proper attribution to her status as Dr. Carey, a
thorough explanation of our question or issue, and a proper closing (ie.
Regards, respectfully, best, and so on). I am fortunate to be the daughter of
an English teacher and a writer, so this came as no shock or concern to me.
However, I remember a classmate muttering under her breath, “who uses email
anymore, she gave us her phone number can’t I just text her?”
It
blew my mind that not only did she never use e-mail, but also that she thought
that texting our professor was an appropriate way to have questions and
concerns addressed. However, this sheds light on a bigger issue: we as a
society have lost the quality of being effective communicators.
While
social media has revolutionized our world in many ways, it has also had
damaging effects on our communication skills, both in our personal and
professional lives. It is so much easier to text, tweet, and share, versus
sending a well-crafted e-mail, or (gasp!) picking up the phone and making a
phone call. Person to person communication is always best, but with the current
state of our world, either of the other two previous are just as effective.
Zoom, Facetime, and Skype can also simulate the face-to-face meeting if needed.
In
law school I am learning how to prepare oral arguments, defend my clients,
analyze copious amounts of legal research, but perhaps most importantly, how to
be an effective communicator. This is not only used with my current
hypothetical clients, but also with my Moot Court teammates, professors, and
career advisors.
The Model
Rules of Professional Conduct promulgated by the American Bar Association, require that attorneys communicate competently, effectively, and clearly. Part
of the rule reads, “A lawyer shall explain a matter to the extent reasonably
necessary to permit the client to make informed decisions regarding the
representation.” In addition, attorneys must consult clients about their
objectives, any conflicts of interest, and keep them updated about the status
of their case as it proceeds.
While
attorney client communication is incredibly important to be an effective
attorney, perhaps even more important is the ability for an attorney to be an
effective communicator in all communication settings (attorney-attorney,
attorney-client, attorney-law clerk, personal relationships, etc.).
There
are many reasons that attorneys need to be effective communicators. For
example:
- -
Creates
a Good First Impression. By being an effective communicator
when first meeting a new client, fellow attorney, or opposing counsel portrays
your confidence, competence, and ability to address problems and solutions. It
is much easier to have this foundation and trust from the start, rather than
trying to prove these skills as the relationship progresses.
- -
Boosts
Productivity. The ability to effectively communicate
with coworkers and fellow attorneys means that people will feel valued, and
comfortable sharing any confusion or concerns. Instead of confusion, being an
effective communicator allows for clarity and confidence in who you are as an
attorney.
- -
Builds
and Maintains Relationships. In both personal and professional
relationships, good communication is key for the relationship to flourish and
grow. Healthy relationships that are boosted by effective communication can
address issues without animosity and a willingness to be open to differences of
opinion.
In
addition to these reasons, there are many situations beyond attorney-client
communications in which attorneys need to be effective communicators with the
people they encounter, and use the above skills/reasons to be the most effective
at doing so. For example:
1.) Communicating with Colleagues.
Be adaptable. Don’t be afraid to ask questions, and learn the different
personality styles and styles of practice of your fellow attorneys in the firm
that you work at. There can be a lot to learn from other attorneys, and it is
also important to learn how it is best for you to address conflicts and
concerns with each attorney that you work with. Most importantly, DO NOT get
involved with office gossip. It never ends positively, and can impede effective
communication.
2.) Communicating with Opposing Counsel. It
is important to be professional and courteous, but also do not be afraid to
advocate for your client. If there is a conflict address it, but do so in a way
that can lead to an effective resolution instead of hard feelings and drama. It
is also extremely important to be responsive and prompt. It is extremely
unprofessional to delay, or simply not respond, to e-mails, especially when
time-sensitive matters need to be addressed.
3.) Communicating with the Courts. Communication with courts is held to an even higher standard because there are certain court rules and practices that must be followed. You have to always be on top of changing rules, filing documents in a timely matter, and addressing any issues as soon as possible. It is your job to be aware of requirements of the court that you are working in, and it is your job to identify any questions that you may have and get them resolved as quickly as possible.
At the end of the day, the best way to ensure proper communication is picking up the phone and calling whomever your are trying to communicate with. This gives an opportunity for immediate response, and a better understanding of people's tone and intentions behind their words. Of course, when COVID-19 is under control, a face-to-face meeting will always be the best. Seek to call or meet in person first, and then follow up electronically via e-mail or phone call.
It is difficult to be
successful in any career/professional setting without effective communication.
While it is important for attorneys to possess good communication skills,
everyone should strive to be as effective as a communicator they can be in
their personal and professional lives. This will allow for better
understanding, less conflict, and a hopefully amicable resolution for all
people involved in any type of conflict.
***This blog is for informational purposes only. All
thoughts and opinions are my own and I have linked sources below for facts that
I referenced. Should you need legal advice please take advantage of our free
consultation and contact us using the form below to find out more!***
https://usamian.com/5-reasons-why-leaders-need-to-be-effective-communicators/
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