Читать книгу How to Be a Lawyer - Jason Mendelson - Страница 15

Listening first is a really good habit to acquire as a lawyer. It's tough to screw up if your lips aren't moving. In fact, very good litigators use the fact that most people don't like silence to carve up their adversaries during depositions. It's also a marvelous way to practice empathy and make people happy. Clients and bosses like to feel heard and the best method to facilitate this is for you to not talk. There are two different ways to approach this concept: listening out of necessity and listening as a strategy.

Listening out of necessity is listening when you are trying to get all information and facts on the table so that you may best analyze a situation. Consider this similar to reading the facts of a case before you dig in on what you think the outcome should be. While email dominates much more than it did 20 years ago, most major conversations with clients and colleagues are usually still verbal. One, it's way more efficient, and two, it doesn't leave a paper trail, which can be important for gnarly situations. Note that it's your responsibility to dig out all the facts and issues of a situation. If the client wants to use email, but you think you aren't getting the full picture, pick up the phone. But here's a pro tip: only do this if you have to. Maybe the email suggests that the client is super busy. Again, empathy matters.

Listening as a strategy is also very important. This is the situation where you've “been there, done that” and you know what's coming. Why not butt into the conversation, look smart, and solve the problem? If you work for a law firm, you just saved the client two minutes of billings! And, if you are in New York at a top firm, this savings is roughly equal to three nice Avery IPAs in Boulder, Colorado (if you thought there would be no math in this book, we apologize). The problem is the client feels like you didn't listen, and no one likes this feeling. Think about a conversation where your significant other and you talk over each other. Even if one or both of you were correct, it still doesn't feel good to be unheard.

The smart play is to listen. Listen because you'll get more relevant data. Listen when you think you already know it all because maybe there is a twist in the facts you aren't considering. Even if you are 100% “in the know,” listen because it makes you look good, compassionate, and thoughtful. Listening builds trust. Listening makes you at least appear calm.