Talking it Out: Effective Communication in the Legal Workplace

Effective workplace communication is important to minimize the risks of misunderstanding and inefficiency – especially in a legal workplace, but making good communication a habit takes time and effort

Effective communication is important in the workplace because it helps minimize the risks of misunderstanding and inefficiency.  Most lawyers were taught writing skills throughout their educational career, but many attorneys probably did not receive any formal education related to handling workplace communications, such as conversations during meetings and phone calls, as well as communications via emails and online chats.

As a result, many lawyers haven’t received guidance on handling difficult conversations in the workplace or communicating effectively during meetings and phone calls.  Also, as attorneys advance in their careers and assume management positions, many likely will find that they need to have uncomfortable discussions in the workplace. Law schools typically do not provide training on how to handle those scenarios.  To help, below are some tips you may find useful as you strive to communicate well at work.

What are the benefits of good communication in the workplace?

Over the years, many studies have been done on the benefits of good communication in the workplace, and they show that the advantages are numerous and include: increased efficiency; improved morale; better exchange of ideas and information; inclusion; reduced conflict/tension; increased employee engagement and satisfaction; enhanced creativity; and deeper connections and stronger bonds amongst employees.

What constitutes effective communication?

One of the first things that comes to mind when discussing effective communication is clear, concise language that works towards a solution (versus creating a problem), and relies on facts, not stories.   However, when we dig deeper, we find many more components of effective communication, including:  listening; regularly scheduled discussions; honesty; accuracy; transparency; completeness; responsiveness; and a discussion tailored specifically for your audience.  We will address a few of the most important of these factors below.

Listening is an often-overlooked component of good communication.  When we think about our interactions with others, we instinctively focus on the words we will say or write.  But in many situations, listening is as important, or perhaps even more important, than speaking.  If you focus only on talking, you risk missing key information expressed by others, failing to learn other perspectives, and having others feel unheard.

When you are listening, try to stay focused just on listening and not about how you will respond.  If thoughts about how to react jump into your mind, consider writing them down on a piece of paper so that you don’t have to focus on trying to remember what you want to stay while you also try to listen.

Another key component of good communication is responsiveness.  Many successful professionals make it a rule to respond to all the emails they receive within one business day.  In many situations, a substantive response is not possible within a business day, but that’s no excuse for not responding.  Instead, you can respond to acknowledge receipt of the message and outline the timing of when you expect to be able to provide a substantive response.  Doing so will go a long way toward building good relationships in the workplace.

Nobody likes to work with someone who doesn’t respond to emails, so try not to put others in the position of having to ask, “Did you see my email?” or being forced to follow up with you over and over again because you didn’t respond to their email and they feel ignored.  I can say from experience that it can be hard to have a good working relationship with someone when you must repeatedly follow up with them because they aren’t responsive or don’t follow through.

What does your body language communicate during conversations?

Body position is crucial to any face-to-face (or video) communication.  Body language can be positive or negative.  Positive body language includes leaning in when speaking, nodding appropriately when listening, sitting up straight, and making eye contact with the person speaking.  Negative body language includes picking at your fingernails, tapping your feet, looking bored, slouching, looking away from the person speaking, or standing with your hands on your hips.

When you are having difficult conversations or delivering news that may be upsetting to the person you are speaking, it can be helpful to relax your body and minimize facial expressions.

How do you convey leadership during workplace conversations?

Communication isn’t just about what you say. It’s how you say it.  When you are in a leadership role, others may expect you to speak confidently, with correct grammar, and without the use of filler words such as “um,” “uh huh,” “you know,” etc.  Also, one sign of a good leader is creating an environment where everyone feels comfortable talking openly.  To do this, consider asking your team to provide input on what forum they would like to use to communicate with you and each other (i.e., in person, phone calls, videoconference, etc.) and what time of day is generally best for them for regularly scheduled meetings.

Another sign of a good leader is someone who asks for feedback on their leadership, and one component of this is asking for feedback on their communication and how it can be improved.  Good leaders also tend to check in periodically with their team members for one-on-one conversations to ensure the current communication channels are working well for them.

How do you determine the best forum for a communication?

In many situations, email communication is fine, but we tend to rely too heavily on email because of its convenience.  Sometimes, a phone call or face-to-face discussion is more appropriate.  Email is best for low-priority, non-controversial discussions.  The higher the priority and more controversial the discussion, the more you should lean towards something in-person, if possible, via videoconference as a second choice.  Conversations about topics of moderate priority and with minimal controversy expected may be acceptable to conduct via phone or videoconference.

How can you make difficult conversations easier?

People tend to avoid difficult conversations for several reasons: they can be awkward and uncomfortable; there is a risk of being misinterpreted, burning bridges, or harming your career.  These types of conversations will never be easy, but there are some things you can do to make them easier.

First, logistics are important when you are preparing for a difficult conversation.  I recommend that you schedule a time for the discussion so that you don’t catch someone off guard or when they are focused on something else that is pressing.  It is also helpful to put yourself in the position of the person you are speaking with and think about how they would like to hear the message you will convey.  And if the other person is surprised by the nature of the conversation, be prepared to give them time to take a break after the initial message is delivered so that they have time to collect themselves.

Next, to ensure that your message is conveyed as intended, I recommend you prepare your talking points before the conversation, and then practice saying them out loud.  Practicing out loud is essential because the brain and body like routine and muscle memory, which is why actors and musicians rehearse before they perform.  Also, it can be helpful to visualize how the entire conversation will go, from start to finish. Imagining the conversation not going well, and seeing yourself navigating through that, can give you more confidence going into the discussion.

While phone calls are preferable to email for difficult conversations, phone calls are not as ideal as in-person meetings or videoconferences because when you are speaking with someone over the phone, they will not be able to see your facial expressions or body language.  Also, while good communication always involves sticking to facts, not stories, this is even more important when the conversations are difficult.

Finally, I recommend avoiding email for these types of conversations.  Email creates an electronic file that can easily be forwarded or copied, or electronically stored, and in some cases the recipient of the conversation may be concerned about the communication being shown to others or stored as a “permanent, written record.”  In addition, tone can be difficult to communicate in writing.

What is the best way to respond to a conversation in which you receive constructive criticism?

Hearing someone criticize your work is always difficult, and it can be easy to get defensive or try to turn the tables on the person providing the feedback.  But remember that how you respond to the criticism can be instrumental.  If you find yourself the recipient of constructive feedback, it’s best to listen carefully to what is being said, and don’t react immediately.  If you don’t feel like you fully understand the circumstances, ask for more information, and specifically ask for examples.  Once you feel like you have the information you need in order to evaluate the situation, ask for some time to respond.  This is especially important if you feel overly emotional.

During the time you take to prepare a response, try to gather more information; for instance, you can ask others for their opinion, think back to certain situations or projects that were discussed with you during the conversation, and think about the feedback you’ve received in other roles or from other supervisors.  During this time, try to resist the urge to isolate yourself from the person who gave you the negative feedback.  Instead, try to pull them closer.  They were brave to tell you the truth, and also caring enough to have a difficult conversation with you, which may mean that they want to help you and want to see you succeed.  So it may be to your benefit to become even closer to them, and to ask them for ongoing feedback to gauge your improvement.  And be sure to be honest with them.  If they suggested you modify something that you don’t think you will be able to change, let them know and explain why you don’t think you’ll be able to change, and work on creative ways to lessen the impact.   If you develop a plan to implement modifications based on their feedback, be sure to communicate your plan to them.

Effective communication is a critical component of success in the workplace.  Good conversation is key to building relationships and working efficiently.  In addition, effective communication, combined with effective listening, creates a good understanding between participants and allows for the useful exchange of ideas and information.  Since most of us never received any formal training on workplace conversation, it can take time and effort to make good communication a habit.

About the Author

Kimberly Lerman is a Talent Manager in the Atlanta office of Consilio. She works primarily with attorneys, placing them in a variety of positions in corporate legal departments across numerous industries as well as at law firms. Prior to the start of her career in recruiting in 2015, Kimberly spent 15 years practicing law in Atlanta, and she was involved in hiring attorneys throughout that time. In her last legal role, she served as Vice President & Associate General Counsel for a large company in Atlanta. In addition to seven years of in-house experience, Kimberly also worked as a litigation associate at local law firms, including several years at both King & Spalding and Eversheds Sutherland. Throughout her law firm tenure, Kimberly was involved with interviewing law students and lawyers at job fairs, on-campus interviews, and onsite interviews. She also was a member of the Hiring Committee at Eversheds Sutherland from 2005 – 2007. Kimberly currently serves as Co-Chair of the Duke Atlanta Women’s Forum and is a Member of the Duke Law Atlanta Board. She also volunteers with Emory Connects as a mentor for current Emory students considering a career in law, and serves as an Interviewer for the Emory Alumni Interview Program. When not working or volunteering her time, Kimberly enjoys swimming, biking, and running, having completed 20 Ironman® triathlons. She is also an avid scuba diver and enjoys standup paddleboarding, hiking, nature photography (including underwater photography), yoga, and cooking.