Fran Lebowitz said
The opposite of talking is not listening. The opposite of
talking is waiting.
Listening is an area in which we are poorly prepared by our general education. It has been estimated that we receive only 3 or 4 hours of training in listening throughout our elementary and secondary education. A Canadian Bar Association study on legal literacy identified listening skills training as the primary need for lawyers trying to improve client service and relationships.
Humorist Fran Lebowitz tells us, "The opposite of talking is not listening. The opposite of talking is waiting." Most people never give any thought to the act of listening - equating hearing with listening.
Great improvement in listening habits can come just from realizing the difference between the physical act of hearing and the process of listening. Give some thought to the process beyond the physical act.
A New York State Bar Commission Report noted that "...dissatisfaction springs from the lawyer's failure to counsel wisely the client. There are some lawsuits that may ultimately bring greater personal peace to a client if they remain unfiled in the lawyer's desk. There are some negotiations in which total victory on a disputed issue may do more harm than good. Too many lawyers have forgotten that a vital part of their professional role is to hold a mirror to reality, counseling restraint and justice-seeking by the client." (The New York State Bar Association 1995 Report of the Task Force on the Profession)
So, instead of automatically explaining what legal steps you can take, consider asking your client what exactly he or she wants most from your involvement. It may be that mediation or another form of resolving the problem is actually better client service than filing a writ. It may be that there is a business or social solution that better suits the client's expectations than your legal services can.
Client expectations
In 1992, the Law Society of Upper Canada found that "When selecting a lawyer to represent them, the public attaches the greatest importance to lawyers' interpersonal skills, especially the ability to communicate with clients". And, depending on the skill questioned, one-third to one-half of people rate lawyers poorly on their ability to communicate. In particular, a high proportion of people thinks that lawyers' inability to effectively communicate is the source of complaints about high fees.
A 1993 US study tested public attitudes for the American Bar Association. Questioned about lawyers' communications, nearly 50% of people whose lawyers frequently or occasionally used legalese would not return or make referrals to those lawyers. The public expressed concern over lawyers interpersonal skills: 11% said their lawyer had been rude to them and 22% felt their lawyers had shown no concern for them as persons.
In addition to those clients who take formal steps to complain, some of your clients will never recommend you or come back to you if you do not communicate effectively - concerning both the content and the emotional quotient of the relationship. And, unless you monitor these relationships, you may never know about i
Other articls on listening.:
Communications: Are you listening?
Listening Skills Are Crucial
