What is the difference between success and a missed opportunity? Often, effective persuasion powered by active listening can be the key. As a legal professional, you must leverage your interpersonal skills on a daily basis.
In this article, we will explore why more than knowledge of the law is needed to succeed in your profession and why both active listening and persuasion techniques are crucial in the legal setting. You may be surprised to see how the need for these skills goes well beyond the courtroom.
Crucial Skills: Active Listening and Persuasion
Think back to the last time you composed a skills-based resume. Maybe it was when you were preparing to apply for the job you have now. Perhaps you highlighted such skills as research, attention to detail, collaboration, problem-solving, arbitration, client service, adaptability, or emotional intelligence.
Did you include active listening and persuasion on your list? Perhaps you lumped the essence of these skills in with communication. But really, these two skills can and should stand out on their own. They are foundational competencies that enable legal professionals to gain a deep understanding of client’s needs, advocate persuasively for client interests, and entertain proper discourse with the opposing counsel. Let’s dig a little deeper into how this is so.
First Impressions
Active listening is an art form. You should employ active listening when you welcome clients and have initial contact with others, including witnesses and opposing parties.
What is active listening? It involves much more than simply hearing the words that are spoken to you. It is active participation that helps you remember the information you are taking in. It can also help you to read between the lines, so to speak, and put your conversation partner at ease, establishing trust and a good rapport.
The first step to listening actively is maintaining friendly eye contact. Next, paraphrase key points or ask relevant questions. Avoid changing the subject or otherwise taking over and controlling the conversation.
Active listening serves an additional purpose when speaking with the opposing counsel. It can help you to understand their position better so that you can make informed choices as you build your case. It can also lay a foundation for constructive dialogue. Listen, for example, for points of agreement and potential areas of compromise. Additionally, when you identify points of contention, you can help avoid the unnecessary escalation of conflict.
Artfully Advocate With Persuasion
Legal arguments are not about manipulating the other party. They are about presenting compelling arguments that are grounded in the facts of the case and relevant laws. You already know this. It is part of the very foundation of your career.
Here, we’ll focus on just one aspect of the art of persuasion: framing your argument in a way that resonates with the values of involved decision-makers. It is here that persuasion and active listening most eloquently converge—how will you know what values and interests to appeal to if you do not first listen?
Keep in mind that many active listening techniques apply not only to in-person conversations. You can also use them when doing research. For example, imagine you are trying to discern the true intentions of an opposing party in a corporate case. When you read mission statements, press releases, and news articles, repeat important points out loud or write them down. This will help cement them in your memory. Ask rhetorical questions, and then try to find the answers to them.
Once you’ve determined the opposition’s deepest values, consider using storytelling in your comments. As in the biblical account of Nathan’s allegations against King David, a narrative can stir emotions and promote the desired outcome.
The Role of Active Listening and Persuasion in a Healthy Workplace
“Work” has been called “another four-letter word.” This is because many individuals find the workplace to be stressful. Law offices are no exception; in fact, they can exemplify this perception.
There is a lot that you can do, however, to promote a peaceful and respectful workplace. Practicing active listening with your associates is one of these.
When time permits, make appropriate small talk with your staff. Take an interest in the things important to them, such as their families, pets, schooling, or career aspirations. When speaking with them, don’t allow yourself to be distracted, splitting your attention. Make a note, mental or otherwise, of important names and events, and ask about them from time to time.
This is especially important if you are in a leadership position. Your associates will feel valued and respected; this can promote productivity and job satisfaction. This, in turn, can reduce employee turnover and the need to recruit and train.
You can also employ persuasion in your own office. Rather than making demands, seek to inspire your team. Avoid speaking in an overly aggressive manner, resorting to personal attacks, using sarcasm, or engaging in outright confrontation. Remember that confrontations are for the courtroom, not the office.
Ask for their input, and act on their suggestions whenever possible. Acknowledge and celebrate differences in approaches and opinions. Don’t be dismissive; encourage creative thinking. Again, this will result in a contented team that feels like the work they do really matters.
Don’t neglect your body language. Avoid stances or gestures that are aggressive or that cut off communication. These include crossing your arms, placing your hands on your hips, getting in another person’s face, slamming doors, sighing, and even the silent treatment.
Your setting the example in listening and persuading will also empower your team to communicate assertively and courageously while maintaining courtesy to one another.
Key Takeaways
Active listening and persuasion are important to cultivating productive relations and enhancing the outcomes of negotiations, especially in the legal context. You can employ these techniques in first impressions with clients and others, in advocating for your clients, and in your home office.
If you make a start of listening actively and negotiating persuasively today, you will soon see the fruits of your results in your legal outcomes and interpersonal relationships.
