A Winning Approach to Negotiations: Self-Awareness, Flexibility, and Practice

Guest post by Katrina June Lee, Associate Clinical Professor, The Ohio State University Moritz College of Law On September 21, the Moritz College of Law hosted the incomparable Marya Cody Kolman as its 2016 Lawrence Lecturer, named in honor of lawyer and law school educator James K. L. Lawrence (Moritz ‘65). A Yale Law grad, … Continue reading A Winning Approach to Negotiations: Self-Awareness, Flexibility, and Practice

Teaching Success > Analyzing Failure

Why blog about listening? It drew me in because it's different than legal writing—which I honestly love, and love to teach, but sometimes tire of, with its skirmishes in broader linguistic debates about two spaces after a period, commas outside quotation marks, and the indefinite singular pronoun, as well as the temptation to go negative. Listening is among the … Continue reading Teaching Success > Analyzing Failure

Core professional qualities of lawyers

About a thousand law professors are gathering now at the Annual Meeting of the American Association of Law Schools. The first session I attended this morning was Incorporating Teaching Professional Identity into the Legal Education Curriculum, with speakers from Mercer Law School and the University of North Dakota School of Law. Both schools offer innovative courses in … Continue reading Core professional qualities of lawyers

Is It Ever Okay Not to Listen to Your Client?

Listening to clients seems like mostly an affirmative duty, if only an implied one. But in writing about lawyers' duty *not* to listen to represented parties, I began to wonder about the limits of a lawyer's duty to listen to clients as well: Can a lawyer ever choose not to hear what the client has … Continue reading Is It Ever Okay Not to Listen to Your Client?

Lawyers and biased listening (part 2)

Reducing bias in listening is important yet difficult, as discussed in the first post on listening and cognitive bias. This post explores some of the most well-known cognitive biases and how they may impact lawyers’ listening, with some suggested solutions from the cognitive-bias literature. The halo effect Kahneman introduces Thinking, Fast and Slow with one … Continue reading Lawyers and biased listening (part 2)

Listening to children: practice pointers from an expert

Listen Like a Lawyer welcomes guest blogger Karen Worthington, a writer, consultant and children's policy attorney. A recent verbal exchange with my five-year-old ended like this: Impatient mother: "We are going to be late for practice. I told you three times to pack your snack and water. Didn't you hear me?" Unflappable daughter: "I heard … Continue reading Listening to children: practice pointers from an expert

The Lawyer’s Ethical Duty Not to Listen

Lawyers have a duty to listen to their clients, as discussed in an earlier post. Lawyers also have a duty not to listen to certain information. Do not listen to a person represented by another lawyer. A lawyer may not listen to information provided by a person represented by counsel, as set forth in Model … Continue reading The Lawyer’s Ethical Duty Not to Listen

Trial lawyers: five key contexts for listening

Effective listening has universal themes, such as the role of focused attention. But much of listening is also context-specific. Listening in a public meeting is obviously different than in a one-on-one conversation. Trial lawyers face at least five distinct listening contexts. Each presents different listening opportunities and challenges. Listen Like a Lawyer is grateful to … Continue reading Trial lawyers: five key contexts for listening

Profile of a great listener—and what lawyers can learn

“Listening well is a gift.” Malcolm Gladwell explores the gift—and curse—of listening in this BBC profile of Vietnam consultant Konrad Kellen. The profile has some fascinating and sad insights into 20th-century politics and war. But the main point is to explore Konrad Kellen’s abiding gift as a listener. Although Kellen’s work was in public policy, his listening … Continue reading Profile of a great listener—and what lawyers can learn