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Imporance 0f Effective Communication Skills For Legal Professionals

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0% found this document useful (0 votes)
48 views5 pages

Imporance 0f Effective Communication Skills For Legal Professionals

Uploaded by

khuttankaram11
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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The legal profession is one of the classic professions in which communication skill plays a central role.

As
lawyers, we have to deal with a number of issues, like duty of discretion, the right to refuse to answer
questions, professional confidentiality and a specific code of conduct. Clients must be able to speak freely with
their lawyer at all time. This means that in the legal profession, communication is central between lawyers,
with clients, with other parties, and the court.

Command of language is a key Tool


for an Advocate
Nothing else is more crucial for an advocate for his professional
success than his command of language. In fact the command of language is
the key to success in any profession in which words count. Advocacy is a
profession where command of language - both in written and spoken form -
plays a decisive role.

An advocate needs language skills in diverse occasions. He needs


language skills while presenting a case in the court or persuading a
judge to a particular point of view or convincing a client about a
complex issue. An advocate cannot bring the rightness of the cause which
he argues to the attention of the judge without language skills.

In cross examination, an advocate requires language ability in asking


right questions and in using the right words, in the right tone and
tenor so as to elicit right answers from the witness. To study a
provision of law, which might be drafted in a highly sophisticated style
or in a quite simple but deceptive form, an advocate requires language
skills. In critically analyzing each word and its meaning he requires
language ability. In preparing a deed of contract or a will or a
petition, an advocate requires ability to find the right words and
sentences that would serve the purpose of such a deed.

Words carry thought


Words are the vehicle of one’s thought. One cannot think and converse
without using words. In writing or in conversation one communicates
mostly in words and there is no other easier way to converse or
communicate with one another.

No advocate can attain professional success without having a good


command over the words and the language he handles. If there is
difficulty for others to make out what an advocate writes or speaks it
may be because his mind is still unclear of the concepts he deals with.
Obscurity in language is probably the result of obscurity in thinking.

Inherent infirmity of words is also a problem, but the right solution to


this problem is persistent learning and skillful use of them. A word may
mean one thing in one context but another thing in a quite different
context. An advocate must therefore exercise great care in using each
word in its right context. He must prefer using plain and clear words to
communicate effectively.

Denning’s effort to develop language ability


Lord Denning, in his book “The Discipline of Law”, narrates the
extraordinary efforts he - though he was an English native - had taken
to acquire his English language skills when he was called upon to serve
the Bar.

He tried to become proficient in words drawing on English literature andreading the


works of Shakespeare. He read great authorities like
Macaulay, Carlyle and Milton to horn his language ability. Reading those
books provided him not only a wide vocabulary of words but also a good
familiarity of the meaning those great authors assigned to the words. He
learned that the meaning of a word may change from time to time, place
to place, and person to person, depending on the context in which it is
used.

Then he practiced the words and their language pattern continually, as a


pianist regularly practices his piano, so as to get proficiency in both
writing and speaking. He took infinite pains in writing, by crossing
sentences after sentences, writing them again and again, so as to make
the writing clear and definite.

Therefore an advocate should consciously cultivate the practice of


building command of language on order to succeed in his profession.

Need to make your voice pleasing


In fact, developing speaking skill needs more practice and experience
compared to developing skills in writing. The first thing to be focused
in speaking is to make your voice pleasing. A harsh or discordant voice
dispels its listeners. Use the right pitch and tone so that you are
audible to all those who pay attention to your speech, without strain.

Use right pronunciation, rhythm and intonation to make your speech


attractive for which you need to practice voice articulation exercises.
Pace must not be too fast or slow. But take care, not to use long winded
sentences.

Choose the right word


You should choose your words well and present them well when making an
oral presentation. A good speech prepared well in advance can be ruined
by a bad delivery. Please don’t forget that the spoken and the written
word are quite different. If you are writing a draft for a speech,
please write it in a style you orally deliver it. Never learn the speech
by heart but think of the points in it and explain them during delivery.
Writing English perfectly is as important as speaking it in the right
way. Making a mistake while speaking does not matter much, but making
the same mistakes in writing may damage your professional reputation.

Not to use bad English


And remember not to use uncivilized and offensive expressions no
civilized person dares to speak or write in public.

Similarly bad English will damage your reputation. People get distracted
by grammatical or spelling errors. No one will take you seriously if
your English is unreasonably bad when your profession requires you to be
well equipped in English language.

When almost every source of knowledge in law right from the text books
to enacted laws to reference documents to Judgments exists in English
language an advocate cannot survive in the profession without horning
proper English language skills.

Seven Keys To Effective Communication


Good communication skills are vital to a successful, rewarding practice. You need to communicate well
with your clients, staff, partners, associates, other lawyers, and vendors. Improving your communication
skills will let you express yourself with more confidence; more confidence will help you attract more
clients and influence your peers and referral sources.

Master good communication, and your practice will be more enjoyable, because if you are communicating
well with people they will trust and like you, and that will make it easier to like - and enjoy helping -
them. Your practice will also be more profitable, because clients will be more likely to pay your bill.

Great legal communicators excel at seven key skills.

Verbal Communication
Don't grow too dependent on email. Some things are best handled by picking up the phone. Bad news
should be given by phone or in person, rather than by email.

Negotiations are more likely to be successful when handled by phone. Discussing a problem verbally with
a client gives you the forum to engage in the other six communication skills which will help you in
maintaining the client's trust.

Calls that you might be tempted to avoid making include letting a client know that a matter will not be
completed by the promised date. As soon as you know the matter won't be completed on time, pick up
the phone and talk to the client. The sign of a confident, competent lawyer is one that handles problems
through honest, prompt communication with clients.

It is important to balance talking with not talking too much. If you dominate the conversation by talking
too much, you do not leave room for listening, learning, or understanding. On the other hand, if you're
quiet or introverted, you need to be sure that you don't talk too little.

Good Listening
Good listening skills are crucial for effective legal communication. When clients are listened to, they feel
understood and are more trusting of you. To connect with your clients and others, and to have them
experience you as an effective lawyer, polish your listening skills.
Since lawyers are smart, we often anticipate what is going to be said, and don't feel the need to listen
carefully. But when we really listen to a client, we can hear levels of communication that may deepen our
understanding of the client's problem.

To improve your listening

● Be careful not to interrupt.


● Avoid rehearsing answers while the other person is talking.
● Look for the feelings that underlie the person's comments.
● Don't worry about controlling the conversation — or demonstrating your intelligence — by giving
an answer before you have fully heard the question.
● Let go of being uncomfortable with listening to your client's feelings. Good listening skills include
silence and intuition.

Sound Counsel
You've earned the trust of your clients, and they come to you for your opinion on what they should do.

Don't hold back on giving advice — business as well as legal. You want to help your clients take action on
their problem, and you make this easier for them if you tell them what you think about their situation.

Openness
Let go of making assumptions. Be open to the possibility that you do not have a complete grasp on the
problem before it's been stated, that you do not know what the person is going to tell you. It's important
that you understand where the person is really coming from before you start to help them.

Being open also includes being able to come up with many different ways to look at a problem. Creatively
consider different options, ideas, strategies, and courses of action.

Curiosity
When we ask questions, we convey our interest. Being curious about someone helps us engage and
validate that person. Questions also give us the opportunity to really understand what is going on with the
person — a crucial factor in delivering sound legal advice.

Asking powerful questions may also deepen the individual's awareness of his or her problem, an added
bonus in helping a client that has come to you for help. Powerful questions are ones that are
thought-provoking. They are open-ended and not leading questions. They use "what" or "how" rather
than "why."

An example of a powerful, thought-provoking question is: "What do you think of that?"

It's important not to help clients by giving them the answer you think appropriate; wait to hear what they
come up with. The originality of their answers may surprise you.

Value
Since most lawyers bill their time, it is critical that their time spent communicating be valuable. Be sure
that what you have taken the time to say has value to the person with whom you are communicating. Be
sure that your message is clear, succinct and understood.

Consider the result you want to get out of the conversation, and the value of that result. Then, plan what
you are going to say. If possible, rehearse out loud; having a script can also be helpful.

But remember that conversations do not often go as planned, and anticipate problems and prepare to
address them.

Persuasion
To be successful, a lawyer must be persuasive. Persuasion is important when negotiating, arguing before
judges and juries, hiring outstanding staff, and responding to client requests for a proposal. To be
persuasive, you need to be inquisitive and open, so that you understand your audience's thoughts and
beliefs and can align your arguments accordingly.

When you can, conduct your important discussions when you are feeling most confident. Be calm,
prepared, and detached. Do not let uncontrolled emotions run the conversation.

Good Communication Skills


The practice of law is highly dependent on good communication skills, especially persuasive verbal skills.
Mastering these seven keys will allow you to connect with your clients in a more meaningful way and
solve problems more effectively. You will have more successful presentations and depositions. Even
interactions with your staff will be improved.

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