By Jim Calloway 

Listening skills are essential for lawyers, as they need to accurately understand their clients, colleagues, judges, jurors and opposing counsel. Outstanding listening skills can help lawyers avoid misunderstandings and build rapport with clients. However, listening skills are not innate and can be improved with practice and feedback. 

WAYS TO IMPROVE LISTENING SKILLS

• Be prompt. In a bygone era, lawyers’ and doctors’ waiting rooms were crowded, and often, a patient or client “customer” could not meet with the service provider until well after their scheduled time. Fewer people will accept that level of service today, and even if they do, it may still impair the relationship.
• Minimize distractions. A noisy office environment can be a distraction that makes it difficult for all parties to listen effectively. Law firm staff should be instructed not to interrupt you with calls or messages when you are with a client. If you’re meeting with a prospective client, those interruptions can persuade someone that you may not be the lawyer for them. Once, I was meeting with a lawyer, and I received a text message from a family member. I glanced at my Apple Watch and continued with our discussion. But the lawyer responded with, “I guess you are busy.” I explained I was looking at a text, not the time. The lesson I learned is that many lawyers should have a clock on their desk or on the wall behind client seating so they can more discretely keep an eye on the time.
• Be patient. As we understand, sometimes the events that lead one to retain legal counsel can be very negative and difficult to talk about. Particularly during an initial perspective client interview, giving the individual the space to fully express their concerns and address the help they need. Sometimes there will be a brief silence.
• Be focused. Consider silencing your phone at the start of the interview and inviting the client to do the same.

ACTIVE LISTENING TECHNIQUES

Active listening is a way of showing interest, attention and empathy to the speaker. Techniques include nodding, making eye contact, responding to verbal and nonverbal cues, paraphrasing, summarizing and asking open-ended questions.

Active listening techniques can help lawyers clarify the speaker’s message and build trust. For lawyers, summarizing, rephrasing and telling the client what you understood them to say can be powerful techniques that increase the likelihood of accurate communication. It is also important to make certain you understand the client’s goals. Ask the client to state what they think the best outcome would be. When interviewing prospective clients or those who have never retained a lawyer before, this practice can be very beneficial.

PAY ATTENTION TO NONVERBAL ASPECTS OF COMMUNICATION

Lawyers should not only listen to the words but also the tone, emotion and intention behind them. Listening to the underlying message can help lawyers identify the speaker’s needs, goals and motivations. It can also help lawyers avoid assumptions, biases and judgments that might interfere with their listening.

PAPER HANDOUTS? REALLY?

One of the most common barriers to effective communication is the receiver’s stress, which may impair their ability to retain information. Most people come to law firms with situations that are serious enough to generate stress. As lawyers, we want to do everything possible to make certain our new clients understand and appreciate our advice and plans to handle their matters. At the conclusion of prospective client interviews, whether you are retained or not, it is a good practice to have a handout or brochure discussing the basics of their type of matter to give them. Make certain your contact information is included on every handout. While one goal is to inform and impress potential clients so they retain you, it hurts nothing to have your words of wisdom circulating. Maybe one of their relatives hires you for a different matter after seeing your law firm’s handout.

SEEK FEEDBACK FOR IMPROVEMENT

Lawyers may seek feedback on their listening skills. Surveying clients at the close of representation about the communications they received may help lawyers enhance their listening skills. The survey responses can also reflect on their own listening habits and identify areas for improvement. 

CONCLUSION

Listening skills are vital for lawyers, as poor listening habits can affect our professional performance and reputation. Lawyers can improve their listening skills by preparing before the conversation, using active listening techniques, listening for the underlying message, confirming the client’s goals in their matter, giving feedback, following up and seeking feedback and improvement. By improving their listening skills, lawyers can communicate more effectively, build better relationships and achieve better results.

Let’s close with one often-quoted observation on listening skills and one you may not have seen before:

“I only wish I could find an institute that teaches people how to listen. Businesspeople need to listen at least as much as they need to talk. Too many people fail to realize that real communication goes in both directions.” – Lee Iacocca

“Of all the skills of leadership, listening is the most valuable – and one of the least understood. Most captains of industry listen only sometimes, and they remain ordinary leaders. But a few, the great ones, never stop listening. That’s how they get word before anyone else of unseen problems and opportunities.” – Peter Nulty, Fortune magazine 

Mr. Calloway is the OBA Management Assistance Program director. Need a quick answer to a tech problem or help solving a management dilemma? Contact him at 405-416-7008, 800-522-8060 or jimc@okbar.org. It’s a free member benefit.

Originally published in the Oklahoma Bar Journal — October, 2024 — Vol. 95, No. 8