A Day of Listening      

Thursday, September 15, 2016, will mark the International Day of Listening, an event envisioned and promoted by the International Listening Association. This Day of Listening has its own website with some excellent listening resources and ideas.

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For lawyers, law students, law professors, and legal professionals, I will highlight a few ideas for what to do on the International Day of Listening. Or any day, really. The big idea is that listening is helpful on any given day.

Invite someone to a conversation.

The website provides a template form for inviting someone to a conversation. The template looks a little bit like a subpoena or affidavit, so lawyers wishing to make a personal connection with someone may want to avoid or modify the actual form and focus on the concept. The form envisions providing a topic for the conversation; this isn’t randomly generated small talk but a purposeful conversation. Even more important, the person initiating the conversation makes a commitment: “I promise to give my undivided attention and to do the best job of listening I can.” This is a one-way promise offering something valuable without expecting or demanding something in return.

Invite a group to a conversation.

The website also provides a template form for initiating a group conversation also centered on a stated topic. Here the group makes a pledge to one another: “We will all pledge to give our best efforts to listen well to one another.”

The phrase “best efforts” stuck out at me as an interesting term for lawyers. Ken Adams has analyzed the history and meaning of this phrase in contracts. Interpreting “best efforts,” various courts have imposed a good faith standard, something more than a good faith standard, a reasonableness standard, and a diligence standard. Because the idea of “best efforts” can be vague in a legal sense, it helps to compare efforts against a benchmark, Adams points out. Benchmarks can include explicit promises made during negotiations, industry standards, the same party’s practices in similar situations, and how the parties would act toward one another if they were united in the same enterprise.

Fortuitously, the website for the International Day of Listening does offer a nice benchmark-type resource. They don’t call it a benchmark or a bookmark but actually a “ListenMark.” It’s available both here and here in the Professional Activities section of the website. I think the intent is for people to use the “ListenMark” as a bookmark or other tangible reminder. Although the name is kind of corny, the content is excellent. From putting electronic devices away and giving undivided attention to giving nonverbal signals and being familiar with others’ expectations about how to show respect, it’s a solid overview of good listening practices. It could be a good review to glance over just before key meetings.

The Professional Activities section of the website is structured around lideas for professional activities to try on September 15:

·          Tech-Free Meetings
·          What Happens When You Tune Out
·          Free Listening
·          Listening to Opposing Viewpoints
·          Listening to a Life Story
·          Listening Café
·          Discussing Issues
·          Listening to TED
·          “When am I listening or being listened to”
·          Successful Listening Strategies
·          First Hit the Pause Button

One of my favorites on this list is “Listening to a Life Story.” Carole Grau submitted this idea, and it’s a good way to learn more about a longtime coworker—perhaps someone you see every day but don’t know that much about. The core of the activity is this:

Have the listener identify a significant company employee or a long­time employee/member that they (the interviewer) can interview about that person’s (the interviewee’s) life story and their experience within the organization. What have been significant events in the company/organization or in the person’s life while they have been employed or a member?

Bar associations encourage activities such as “take opposing counsel to lunch.” What about dedicating some listening time to a longtime contributor within your own firm or organization? The longtime courthouse runner at my old law firm recently passed away; he was a consummate legal professional with so many great litigation stories. He would have been an incredible interview along the lines Grau suggests.

The outline for listening to a life story gives more details on conducting such a conversation and listening effectively. It recommends resources such as an app offered by  StoryCorps, which itself promotes a National Day of Listening the day after Thanksgiving every year. (In a world of so much talking past one another, we really can’t have enough listening days.)

These are just a few of the ideas and resources available on the website supporting the International Day of Listening. The purpose of this post is to encourage lawyers, law students, law professors, and all legal professionals to recognize and practice listening on September 15, 2016, and other days too.

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