Adv Comm. Skills Assignment 1

ADVANCE COMMUNICATION SKILLS Thursday, 09 July 2015

QUESTION:

The most important qualifications legal professionals can possess are excellent writing ability, good interpersonal relations and the ability to think critically and strategically. Discuss.

SUGGESTED ANSWER

Introduction

Every respectable profession requires a set of very special skills that distinguish it from others. For example, engineering professionals may be required to have very sharp arithmetic skills whilst art professionals may be required to be more creative and imaginative.

Every skill set plays an essential role in helping to achieve the professional goals of the professional in his respective field of work. For example, whilst the arithmetic skills of an engineer may be essential in enabling him to calculate the number of reinforcement (iron rods) in a concrete beam or column, the creative and imaginative skills of an artist may be absolutely indispensable in helping the artist to sketch or draw an impression of a chosen object such as the sun setting on a beach at some distant location. Whilst there are so many skill sets available to lawyers, this assignment restricts me to only four (4), which are (i) excellent writing ability, (ii) good interpersonal relations, (iii) ability to think critically and (iv) ability to think strategically.

I will endeavour to do my best to highlight the importance of each of these to the contemporary law professional.

Excellent Writing Ability

A good legal professional must possess formidable writing skills that will be required in preparing compelling arguments, briefs, motions, and other legal documents. Writing skills can be defined as the ability to articulate one’s thoughts effectively through the medium of writing. Law schools worldwide

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emphasize on the development of the writing skills of their students. The question is why is it so?

Firstly, the capacity to express thoughts, legal opinions and conclusions is fundamentally essential to the lawyer. Words are a lawyer’s weapons, so in all aspects of a lawyer’s work, words are chosen cautiously. Whether drafting a legal document or writing the response to an inquiry, a lawyer must write in a clear and concise manner otherwise it introduces ambiguity which can lead to an array of possible interpretations of his writing and, in law, this is undesirable.

Secondly, aside from the preparation of courtroom speeches, writing skills are necessary in drafting legal documentation. An example of this would be a patent lawyer creating a patent for a client. He or She must write in such a manner as to ensure there are no “loopholes” in the patent, as this would make it redundant. Also writing skills are important for the drafting of contracts. The words of a contract are legally binding, so people usually hire experienced lawyers who possess a very high standard of writing to draft them, so that undesirable flaws shall be avoided. Good drafting skills reduces the risk of liability.

Thirdly, for the avoidance of errors, good writing skills must be employed by the professional lawyer. The term “writing skills” also includes the employment of good grammar and punctuation. An example of the importance of punctuation is evident in the American “punctuation v. smudge’ debate. This debate was born from the Fifth Amendment of the United States Constitution. It states “…nor shall private property be taken for public use, without just compensation.” Some people believe the comma following the word “use” in the original draft of the constitution was a smudge, not a comma. If this were the case, the meaning of the quoted clause would change drastically.

Finally, writing skills are essential to legal professional because they allow lawyers to express ideas and legal opinions, convey



arguments and avoid any ambiguity in their work. A good lawyer does not make mistakes when creating legal writing, and good writing skills can eliminate mistakes.

Good Interpersonal Relations

A good lawyer must be capable of relating excellently with his clientele, his boss, subordinates, peers and other people relevant to his work. He must possess effective communication skills. His ability to relate and interact with others in such a way as to engender confidence, form lasting relationships, and clearly explain complex situations in a clear manner is integral to the role of a solicitor. In addition, having good “people skills” will help the professional lawyer to interact with a wide variety of characters at the workplace and fit into the character of their firm. It is imperative to have the skills to be able to tap into the knowledge and experience of different people in order to be successful. For example, establishing a good relationship with the secretary of the firm may earn you favours such as having your work placed at the top of the pile and your work turnaround very quickly, leaving a good impression on your superiors. This would most likely earn you the promotion or perhaps the acknowledgement that you have been seeking.

Undoubtedly, the most successful lawyers tend to be personable and able to work effectively with people by cultivating, building, developing and maintaining relationships with clients and colleagues alike. As they progress through their careers, their firms expect them to build up a list of contacts and eventually win new business. Marketing opportunities are very important and it is important that they are able to show clients that as well as being a solid legal technician, they are also “good value” in a social context.

Critical Thinking Ability



In order to be a successful legal professional a person must possess critical thinking skills.

The relevant dictionary definition of the word “critical” is exercising or involving careful judgment or judicious evaluation.” Critical thinking is simply clear, reasoned thinking involving critique. It involves making clear reasoned judgements on a subject or topic. During the process, ideas are clearly and well thought out. Alternatively, it can also be defined as the intellectually disciplined process of actively and skilfully conceptualizing, applying, analysing, synthesizing, and/or evaluating information gathered from, or generated by observation, experience, reflection, reasoning, or communication, as a guide to belief and action

In this context, law professionals must be capable of questioning and analysing what they hear, what they see, what they read, what they feel, and what they think.

First impressions are often wrong and frequently change after more thoughtful analysis. Therefore, law professionals need to question the cases they have read. This enables them to analyse the facts of law presented in the case rather than merely accepting them. Law professionals need to think about these facts and the law and then decide whether a court’s decision is well reasoned. It is an exercise in critical thinking, when they carry out this activity. Critical thinking stretches the mind of the professional.

Critical thinking often includes deductive reasoning – that is, reasoning from a general rule to a specific conclusion. Legal professionals are taught to identify issues, state the general legal rules that apply, and then analyse the facts in light of the rules to formulate conclusions. Applying a general rule to a set of facts is an example of deductive reasoning. Sherlock Holmes was famous for using deductive reasoning to solve mysteries. Remember the case of the dog that did not bark in the story Silver Blaze? A crime took place in the stables where a dog slept near two stable boys. Because the dog did not bark and



wake the boys, Holmes was able to deduce that the dog was familiar with the midnight visitor to the stables. Reasoning from the specific to the general is called inductive reasoning. Lawyers and judges often use inductive reasoning when they analyse a series of specific cases to develop a general legal rule. Another form of critical thinking is reasoning by analogy. This process is based on the concept that similar facts or principles should lead to similar conclusions. A legal professional should be able to often look for analogies in other cases or fields of law to make arguments that are beneficial to their clients. For example, if an employer is not liable for the intentional torts of her employees, then by analogy, an employer should not be liable for the criminal conduct of her employees. The element of intent is similar in both cases, thus the result should be similar. When a case is virtually identical to the facts and law of your case, it is said to be “on all fours” with your case.

In the same vein, Legal professionals should be able to look for distinctions in the facts or law while they argue that adverse cases do not apply to their client’s circumstances. Being able to distinguish a case is just as important as making an analogy. In private practice, clients will often come to your office, give you a handful of documents and a long string of disjointed facts, and ask you if they have a case. First, the legal professional must understand the facts as thoroughly as possible. Then he or she must research the law and think through how the facts and law relate.

Only then would they be in a position to form a competent conclusion for their client.

Lawyers must be able to “think on their feet” during trials, arbitrations, mediations, negotiations, communications with opposing counsel, and even communications with their own client. A legal professional knows he is succeeding in his critical thinking skills when he is able to dissect and analyse every statement or request from you’re his parents, spouse, colleagues, his boss, and most importantly his client.



“Wash the car? Oh, you mean our car? Today? Using our water?”

Strategic Thinking Ability

There is no contesting the fact that the hallmarks of great lawyering will always remain: knowledge of the law, rigorous analysis, strong listening skills, and clarity of written and oral communication. However, more is needed to qualify as a first class professional. Strategic thinking is essential to ensure that the lawyer is able to serve in leadership roles. He must be able to lead his client or his firm to success.

No one should doubt that a legal professional best serves his client when he understands and can help his client plan a strategy for achieving the client's objective. Consider how the hallmarks of legal analysis within a law firm may not only ignore, but may actually impede, the professional's growth as a strategic thinker.

The well-regarded case method places the professional in the place of the appellate judge. All the facts have been gathered; the precedents surveyed; and the principal skill required is an evaluation of which of the available outcomes will best fit with existing law.

The virtues of this analytical situation should not be overlooked. The professional will learn to sort relevant information from irrelevant commentary. He will see quickly that the unfolding of unanticipated events poses new questions hiding within seemingly settled matters. And he will come to appreciate how disputes between individuals often implicate broad choices between values, such as whether a court should follow a contract as written or seek a broader approach to the intent of the parties. Put simply, current legal training produces experts who have no rivals in identifying and coping with ambiguous situations that arise in a settled framework.



Strategic thinking legal professionals, to whatever degree or extent, must focus not just on resolving ambiguity, but on navigating uncertainty. In the rapidly changing economy in which clients function and lawyers seek to prosper, the only constant is that tomorrow will look different from today. Accordingly, the legal professional must be capable of identifying achievable objectives and planning a course to reach them. Questions such as the meaning of a statute or the reach of a case feel very different from questions such as in what markets is success likely to be found; which areas of business (or practice) are likely to grow; in what locations should an enterprise expand; or how is technology likely to transform business. Lawyers confront the latter sort of questions every day, and must move swiftly to address such strategic challenges.

How can this be achieved? Step one involves data. Lawyers have long been familiar with the painstaking work of building a case or negotiating a deal through careful assembly of relevant information. The lawyer must go well beyond case preparation to determine what facts must be gathered to formulate a strategy. They must assemble teams to seek out such relevant information. The comfort of the appellate opinion gives way to the task of identifying potential customers and predicting their needs; selecting relevant competitors and measuring their tactics; and devising metrics to determine whether the institution is on track. The legal professional must be increasingly familiar with the tools for assembling and analysing data that will be second nature for their clients.

The harder challenge is one of mind set. The tough, critical analysis demanded from attorneys makes it child's play for the lawyer on a project team to find holes in the links between data and strategy. When the business strategist suggests opening a branch office in a nearby city due to population growth, the lawyer may be the first to ask whether the buying habits of the newcomers can demonstrably be shown to warrant expansion.



Lawyers by their very nature are often cautious about the sorts of inferences business people rely upon to move things forward. Professionals must be able to overcome such professional prejudice. In today's world, let alone tomorrows’, the better solution to problems lurking within available data is to gather more and better data. It's far cheaper and easier to obtain and analyse data than it was 20 years ago, and these costs will keep falling. Lawyers helping clients manage legal risks must embrace the need for quantitative assessments even as they retain their well-honed flair for qualitative analysis.


Adv Comm. Skills Assignment 1

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