Connect with Your Client through Active Listening
Listening does seem like one of those easy skills that is simply intuitive. Not
so. In most cases, when people are listening to others speak, they are also
thinking about what they are going to say next. Listening well can be very
challenging.
Active, effective listening involves not only concentrating and
focusing on what the other person is saying, but also empathizing
with how the other person feels, and then letting them know that
you understand. Think about your reaction when you are trying to
communicate with someone who is clearly not listening to you. They
may be looking at their watch, looking away from you, or in some
other way failing to keep eye contact. Sometimes you can see from
their expression that they are only thinking about what they want
to say next—and when they can
interrupt you to say it.
If we are going to build the trust and confidence of our clients,
we must not only overcome the bias and the bigotry against lawyers
in general, we must instil into our clients the confidence that
we as individual lawyers really do care
about them. A strong step in this direction is to make sure that
your clients or prospective clients know absolutely that you are
concentrating when they are speaking to you.
First you need to show them that you are listening.
One foolproof way is to take notes. Taking notes is a highly visible
sign that you are concentrating and tracking what the client is
saying. (Obviously, notes will also help you later, when you are
reflecting upon the interview.)
It is true that during a particularly sensitive interview, where
the content is perhaps quite difficult or challenging, some clients
may not wish to have their words recorded. As always it is necessary
to use your judgment, and of course, where appropriate you will
need to ask clients if they mind your taking notes. However, as
a general rule, do take notes in interviews.
You must also convey to the client that you have heard what they are
feeling. To do this, you need first to mentally identify
what, in fact, their feelings are. Are they angry? Are they frustrated?
Are they disappointed? Are they neutral? Are they apathetic?
You need to measure their feelings, and you need to comment on
the emotions you perceive.
You might say, “I can see this makes you very angry. I can’t blame
you. If someone had done this to me, I would be angry too”—or something
along those lines. Look for confirmation from the client that you are correct
in your assessment. Believe me, if you are not, the client will correct you.
They will say, “No, I’m not angry, it’s just
that ... [this or that].”
In addition to reflecting the emotion back, you must also, of
course, let the client know that you understand the facts.
Reflect back the basic facts aloud, because then if you do have
them wrong the client will have a chance to correct you here as
well. They will also be very reassured, again, to know that you
were listening, you were tracking with them, and that you understand
what the problem is.
The final step in listening is to assure the client.
Assure the client that you understand how they feel. Assure the
client that you understand how badly they want a result. Assure
the client that you have the confidence in your own knowledge and
experience that will enable you to help them solve the problem
as well as anyone in the profession. Finally, assure them of your
best efforts—that you will commit to giving your all, to
doing whatever you can to help them.
As lawyers, we are used to responding to or acknowledging the
content or the facts of what our clients tell us. Everybody can
do that. To gain a competitive advantage, you need to be able to
demonstrate to the client that you heard the emotion as well.
If you
- track what you are hearing, and
- reassure the client that you understand the issue and the emotions
they are feeling, and
- reassure the client that you will use all of your abilities
to help them achieve a positive result,
you will establish a connection that will far surpass the typical
lawyer-client relationship.
More information about the book The
Successful Lawyer: Powerful Strategies for Transforming Your
Practice
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