“Seek first to understand than to be understood.”
Credited as ‘Habit 5’ of Stephen Covey’s “7 Habits of Highly Effective People,” trying to understand someone else’s point (before getting your point across), is an equally important habit for effective communications as it is for effective people.
Have you ever found yourself trying to find the solution to a client’s problem amidst them giving you instructions? Or worse, thinking you know what is best for the client before they have even finished telling their story? Lawyers are problem solvers. As such, it can be very easy for us to listen to clients’ instructions for key terms or issues, causes of action or the applicable rule at the expense of fully appreciating what their pain point may be — especially when those initial consultations are free!
Among all the other roles and responsibilities of a lawyer, we are professional service providers. As with any service provider, our role is to provide solutions and services within our scope of work and breadth of knowledge based on our client’s needs. But how can we adequately serve our individual and unique clients’ needs if we assume what they are based on ‘precedents’ and treating like cases alike?
Chat bots can do that — and they are. At a time when technology and automation have infiltrated the legal profession, now more than ever, we have to strengthen what makes us different — our humanity. Our capacity to listen, nod in acknowledgement, ask questions and ultimately think critically and strategically will secure our future in this profession.
So rather than trying to find the solution that fits their scenario, how about we listen to the client and understand what exactly their pain point really is? Maybe Homer doesn’t want to take Ned to Court over a fence dispute — maybe, just maybe Homer is just irritated with Ned over something else or a series of other things across several seasons? Granted it may take a bit longer and you may need to ask more questions and listen to a bit of a story — but you will almost certainly yield a better result for your client and your practice.
Listen, not just to their words, but their actions, their facial expressions, what they’re not saying. Ask questions, care about the answers. It is a privilege and an honour to have someone come to you with their mess in the hopes that you can help make sense of the mess. Don’t forget there is a person behind the problem. These are the considerations that will elevate a job done to a job well done and ultimately, make you a better lawyer.
This content was originally created for the Queensland Law Society on their blog, Law Talk