Free-Flowing Exchange of Information
| Author | John Hollander |
| Pages | 53-75 |
free-flowing exchange of information
chapter three
Free-Flowing Exchange of
Information
of the Advocates’ Society, I made the point
to the many lawyers in attendance that, “When you’re
speaking, remember you are not the only one in the
room.” What I meant by this is simply that all parties
to the meeting have their own perceptions, their own
agendas, and their own foibles. Some have fears and mis-
perceptions; some suer from stress or are easily led by
others; some distrust; some are victims; some understand
and appreciate. We are all dierent. Successful interview
techniques take these dierences into account.
Have you ever participated in a discussion in which
the parties were speaking at cross-purposes? ey did not
understand each other, or perhaps they made no eort to
understand each other. When it is obvious that I am not
getting my point across, I have to ask myself, “How can
I get through to this client?” Perhaps my point does not
make sense; perhaps I am phrasing it improperly; perhaps
the client is having a bad day — there are many possibilities.
Across the profession, lawyers are not trained to re-
late to other people. We are also not trained to recognize
signals, mannerisms, or characteristics displayed by other
people. Unfortunately, we are not trained to listen. Many
lawyers are unable to see past their own boundaries, as
though we are the only people whose opinion matters.
Lawyers learn to interview, examine, and cross-examine
through trial and error. e following sections discuss
techniques to assist you in getting through to your clients.
At their heart, these techniques seek to improve the rela-
tionship between you and your client.
Rapport
have to be liked to be successful. A good
bedside manner is not the attribute one usually applies
when describing the successful lawyer. Lawyer jokes are
replete with commonly held views that cast lawyers in a
poor light. One joke: “ percent of lawyers give the rest
of us a bad name.” I hate lawyer jokes, all of them. Lawyers
tend to be professionals who take their job, their duty of
care, and their clients’ interests very seriously. It is interest-
ing that people make fun of lawyers, but usually make an
exception for their own legal advisers. When clients con-
sult lawyers, it is often because they are undergoing stress
that requires legal advice and action. How lawyers relate to
their clients often determines the success of that retainer.
Let’s rst deal with rapport.
Definition in this context
connection or bond between people that
allows them to exchange information openly and freely.
Good rapport creates feelings of trust and safety and im-
proves communication. In some cases, a lawyer may not
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