The Oklahoma Bar Journal October 2024

L aw P ractice T ips

Tips on Improving Listening Skills for Lawyers By Jim Calloway

L ISTENING 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 misunderstand ings 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,

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 les son 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 under stand, 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 silenc ing 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 show ing 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 com munication. 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 pro spective clients or those who have never retained a lawyer before, this practice can be very beneficial. Lawyers should not only listen to the words but also the tone, emo tion and intention behind them. Listening to the underlying message can help lawyers identify the speak er’s needs, goals and motivations. It can also help lawyers avoid assump tions, biases and judgments that might interfere with their listening. PAPER HANDOUTS? REALLY? One of the most common barri ers to effective communication is the receiver’s stress, which may impair their ability to retain information. Most people come to law firms with PAY ATTENTION TO NONVERBAL ASPECTS OF COMMUNICATION

lawyers’ and doctors’ waiting rooms were crowded, and often, a patient or client “cus tomer” 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. 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.

Minimize distractions . A

54 | OCTOBER 2024

THE OKLAHOMA BAR JOURNAL