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what services you can and will perform. It is critical that you clarify in exact terms what
the client's expectations are, and remain aware of those expectations throughout the
course of your representation;
how your relationship is going to work (including a protocol for ongoing communications
- which could include who at the office will communicate with the client and time frames
for responsiveness); and
Document all phone and electronic communications, including the client's name, file
name, contact, date, nature and details of the communication. In a later dispute over that
1 https://www3.nd.edu/~prelaw/legalprof.html
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communication courts may prefer the evidence of the client over insufficiently
documented lawyer's records.2
Also 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.
Some other criterias are:Interviewing clients
The lawyer has competently prepared for the interview properly, having regard to relevant
information available before the interview and the circumstances conducted the interview using
communication techniques appropriate to both the client and the context ensured that the client
and lawyer have both obtained all the information which they wanted from the interview in a
timely, effective and efficient way, having regard to the circumstances ensured that the lawyer
and client left the interview with a common understanding of the lawyers instructions (if any)
and any future action that the lawyer or client is to take made a record of the interview that
satisfies the requirements of law and good practice taken any follow-up action in a timely
manner.
Writing letters
The lawyer has competently identified the need for, and purpose of, the letter written the letter in
simple, straightforward English which conveys its purpose clearly and can be easily understood
by the person to whom it is sent.
Drafting other documents
The lawyer has competently identified the need for, and purpose, of the document devised an
effective form and structure for the document having regard to the parties, the circumstances,
good practice, principles of writing simple, straightforward English and the relevant law drafted
the document effectively having regard to the parties, the circumstances, good practice,
principles of writing simple, straightforward English, and the relevant law considered whether
the document should be settled by counsel taken every action required to make the document
effective and enforceable in a timely manner and according to law (such as execution by the
parties, stamping, delivery and registration).
Negotiating settlements and agreements
The lawyer has competently prepared the clients case properly having regard to the
circumstances and good practice identified the strategy and tactics to be used in negotiations and
discussed them with an obtained approval from the client carried out the negotiations effectively
having regard to the strategy and tactics adopted the circumstances of the case and good practice
documented any resolution as required by law or good practice and explained it to the client in a
way the client can easily understand.
Facilitating early resolution of disputes
2 https://learnlsbc.ca/node/257
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The lawyer has competently identified the advantages and disadvantages of available dispute
resolution options and explained them to the client performed in the lawyers role in the dispute
resolution process effectively, having regard to the circumstances documented any resolution as
required by law or good practice and explained it to the client in a way the client can easily
understand.
Representing a client in court
The lawyer has competently observed the etiquette and procedures of the forum organised and
presented in an effective, strategic way: factual material; analysis of relevant legal issues; and
relevant decided cases.
1 presented and tested evidence in accordance with the law and good practice.
2 made submissions effectively and coherently in accordance with law and good
practice.3
Openness is also a factor to consider. Be open to the possibility that we do not have a complete
grasp on the problem before it's been stated, that we do not know what the person is going to tell
us. It's important that we understand where the person is really coming from before we 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.
Curiousness: 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."
Persuasive: 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.
In case of Barristers and Solicitors they have to build and maintain relationships with clients,
which are often based on rapport between individuals even when the client is a large
organization. This requires excellent general interpersonal skills, which you will also need when
meeting potential employers and colleagues when at interview or on a vacation scheme. The
ability to network, a form of socializing that all but the most confident can find awkward, is also
3 http://www.careers.liv.asn.au/downloads/lawyers_skills.pdf
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important when seeking a training contract or pupilage, as well as when winning work and
building client relationships.
Besides speaking, listening is also a criterion for effective communication The most important
components of listening are hidden: being aware of and receiving the information, placing it into
context with ones previous knowledge, evaluating and (perhaps) remembering the information,
and responding.