Category: Summer associates

Legal communicationSummer associates

Resources for summer associates

Many summer associates are starting jobs this week. This post may be my shortest ever, but here are some resources for effective communication, especially listening, in the summer-associate setting:

https://listenlikealawyer.com/category/summer-associates/

Here is a post by Georgia State Professor Kendall Kerew on listening for law-school externs, with many lessons for summer associates as well:

https://listenlikealawyer.com/2014/01/08/listen-to-learn-four-ways-listening-can-help-you-get-the-most-out-of-your-externship/

And here is a checklist for taking a new assignment:

https://listenlikealawyer.com/checklists-2/listening-checklist-for-taking-a-new-assignment/

Good luck to all the summer associates of 2018!

Emotional intelligenceMentoringPeople skillsProfessional developmentSmartphones

Summer-associate advice

When I speak to summer associates, I always tell them they have two jobs:

  1. do great work and gain as many opportunities as possible within the employer’s organization, should they end up working there; and
  2. study the employer, lawyers and staff, and the overall culture to discern if it’s a good fit for them.

Listening will help with both of these jobs.

As far as doing great work, summer associates should start using their listening skills before the job starts. Use social media to “listen” (in the sense of monitoring) to what the employer is saying to the public. What topics seem to be interesting? Who’s writing? What tone do the lawyers use in their publications and social-media content? What personality do they project?

Summer associates should also talk to mentors about how to do a good job as a summer associate generally, and (from mentors within the organization) how to do a good job in that particular setting. Ask good questions, listen, and follow up with more good questions. Listen actively and paraphrase the advice back to the mentor sharing it. Take notes later, reflecting on the advice and assimilating it even more thoroughly. Send thoughtful follow-up messages that demonstrate listening skills and reinforce the relationships being built.

Once the job starts, listening skills are crucial during any meeting to take down an assignment. Beyond the basics like expected format and deadline, the assigning meeting offers so much more for the careful listener: the supervisor’s own baseline of knowledge in the area of law, attitude toward the case, expected answer to the assignment, expected difficulty of the assignment, general areas of confidence, and general areas of perceived risk. All of this information can be highly valuable in completing an assignment at a level beyond basic law-student competence.

“Shadowing” work such as observing a deposition or negotiation may not be a true assignment, if there is no deliverable work product. But during a shadowing experience, it seems crucial to display the highest form of attentiveness. Even if an attorney working on the case displays distracted behavior such as checking email on a phone, the summer associate should not feel free to reciprocate that behavior. Buying into the myth of reciprocity—the senior lawyer checked her phone, so it was appropriate and for the summer associate to do so as well—seems like one way to make a bad impression. What’s more important to a summer associate than the valuable opportunity to observe right in front of them? Unless they have a family crisis or already on a deadline for another supervisor within the organization and can explain that to the people around them, it seems likely that nothing is more important. On a more positive note, careful listening and good follow-up questions can actively show a person’s potential as a future lawyer.

Another opportunity to listen happens during a debrief on any assignment. This is the opportunity to accept constructive criticism gracefully, i.e. non-defensively and in a manner that makes the supervisor comfortable working with that summer associate again in the future. Another lesson is that sometimes (oftentimes?) in the legal world, feedback isn’t really helpful or specific. Or it isn’t there at all. Seeking out feedback and asking good questions show a dedication to professional development and professionalism generally.

Strong listening skills during the interview are likely part of the reason a summer associate got the job in the first place. Listening skills on the job are just as crucial, and actually even more so.

Here’s another post hitting some of these same themes and delving into more detail on listening for summer associates: https://listenlikealawyer.com/2016/06/01/listening-for-summer-associates/

 

 

 

 

 

 

 

Client developmentClient relationshipsCollaborationEmotional intelligenceLaw firm management

Listening to punctuation

Thanks to Julie Schrager, counsel and legal writing coach at Schiff Hardin, for this guest post. 

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I have been desperately trying to find a way to write about exclamation points. I grew up in a time when they were reserved for exclamations:

“Congratulations on winning that game!”

or

“That’s the reason he got that promotion!”

Lynne Truss, the author of Eats, Shoots, and Leaves, calls those uses the “Yes!”  and “Ah!” meanings of exclamation points.

And I was taught—starting in high school, then in college, law school, and in my first 20+ years of legal practice—that exclamation points had no role in business communications. Nothing we wrote was considered exciting or emotional, and exclamation points were viewed as showing too much emotion.

My teachers were in good company in disliking the exclamation point.  Fiction writers for centuries had condemned the use of exclamation points in fiction-writing. Both Mark Twain and F. Scott Fitzgerald are credited with saying that using an exclamation point is like laughing at your own joke.

But then I started sending and receiving texts. The old exclamation point rules didn’t apply there. And now I would say the rules—at least for certain legal correspondence—have changed.

This blog is about listening like a lawyer. Lawyers listen to things judges, clients, and other lawyers say out loud. But they also “listen” to writing:  opinions from judges, emails from opposing counsel and clients, and notes from colleagues. Some people read written communications out loud, but even if we don’t, we read and “hear” them in our head.

And I don’t “hear” exclamation points as exclamations anymore. I’ve started to listen to what I read from law students and new law grads and my college-age daughter. I’ve learned that exclamation points don’t say “Yes!” or “Ah!” anymore. Instead, they say, “I hear you” or “I’m not angry” or “We are in this together” or “Our relationship is on solid ground.”

Let me explain. My job involves regular email correspondence with associates at my law firm. It’s a unique position. I work as Schiff Hardin’s legal writing coach and read and comment on written work—memos, briefs, articles, web content, blog posts, and anything else summer associates or associates write. My interactions are almost exclusively with people under 35, and most are with people between 25 and 30. Sometimes associates reach out to me to ask me to review a piece of work—and sometimes I reach out to them.

This is how it goes: at the start of every week, I send around an email to all of the associates at the firm reminding them of my existence and asking if anyone would like to work together during the week. I ask them to fight against the idea that they should be able to figure out their jobs by themselves and do not need to ask anyone for help. I ask that they embrace a “growth mindset,” which holds that abilities are not fixed in space but can be developed with perseverance and hard work.

Exclamation points play an important role in our correspondence. They help young associates and summer associates win the fight against going it alone. Sometimes I’ll get a return email letting me know that the associate is writing a blog post and would like to send it my way. Often the email either starts with “Hi Julie!” or ends with “Thanks in advance!” The message is clear:  I am putting myself out there and am interested in working together.

Listening like a lawyer means matching the tone of the person speaking to you. So I respond with exclamation points of my own: “Thanks for reaching out!” or “Sounds good!” or “My pleasure!”

And I submit that the exclamation point has a new meaning and a legitimate role in business correspondence.

CollaborationEmotional intelligenceInterviewsLaw practicePeople skills

It’s interview season

For law students working on fall campus-interviewing opportunities, here is a roundup of posts on listening during interviews:

And a few additional posts of interest to candidates facing interviews:

 

CollaborationFact investigationLegal communicationLegal writingPeople skills

Listening for summer associates

A successful summer-associate experience means doing good work and creating good social impressions. Listening skills can help with both.

The assignment and the work

The most obvious place to talk about listening and work product is in the incredibly important meeting where the senior lawyer communicates the assignment.Here’s a checklist for listening while taking an assignment. One theory of checklists is that they shouldn’t include the obvious things everybody already knows and does. If you read Atul Gawande’s Checklist Manifesto, you will learn that effective checklists should not be overloaded with obvious items no one actually forgets to do. But in case it’s not obvious, let me quote one to-do item (thrice repeated) in The Vault’s advice piece on “Acing Your Law Firm Summer”:

Bring a pad and pen to this meeting. Bring a pad and pen to this meeting. Bring a pad and pen to this meeting. 

The advanced skill is to take notes while still asking good questions and maintaining a conversational tone. And an even more advanced skill is perceiving what isn’t there. Legal writing guru Ross Guberman has suggested that “in this iPhone age, supervisors often forget to relay key information.” Reviewing a checklist before the meeting can help prompt good questions during the meeting to bring out valuable information.

Confirming the assignment in writing after the meeting can prompt the attorney to share further crucial information: “Attorneys are text people, so seeing your write-up might help your supervisor steer you onto the right track before it’s too late.” And this type of confirmation can showcase listening and writing skills as well. But I’ve also heard attorneys express annoyance at receiving e-mail back confirmations of every assignment-related conversation. The more formal and significant the assignment, the more appropriate it is to confirm the facts and assignment in writing.

Listening can play a broader role even before the assigning conference.  It has to do with picking up underlying knowledge and context for doing the job well. The most effective legal work product is effective partly because it is grounded in the lawyer’s understanding of that area of law and how it works in practice. Lawyers with experience in a particular practice area are more effective than beginners at what they do partly because they have “tacit” knowledge—that is, knowledge that is not written down and is difficult to share.

The ABA’s Before the Bar publication highlighted the role of tacit knowledge and why it’s so important to aspiring lawyers:

Your goal should be to gain tacit knowledge in order to build your practical skill set. To do this, attorneys need to transfer their tacit knowledge to you and the most effective way to do this is through extensive personal contact, regular interaction and trust. In other words, tacit knowledge is transferred through practice.

Summer associates cannot be expected to have the tacit knowledge that veteran lawyers in a practice area do. But summer associates who show they can pick up tacit knowledge quickly and apply it in their work are likely to stand out. For example a patent lawyer needs different ways of communicating with engineering clients and generalist judges. That’s maybe not a great example of tacit knowledge because it’s not so difficult to share.

Perhaps a better example is what it’s like to work with clients who don’t necessarily feel a great deal of affection and affinity for the law or lawyers in general. To take this social example a bit further, what is it like to work with clients who have a strong in-group identity? Let’s take doctors or more specifically surgeons, for example. Clients with a strong in-group identity may or not be willing to trust lawyers hovering at the edges of the in-group, and the most effective lawyers are highly perceptive about how to work with such clients. (Highly successful sports and entertainment lawyers come to mind here as well.)

Tacit knowledge about how a lawyer and a law firm go about working with such clients can help not just in a general social sense but with performing the substance of the work. The way a lawyer would communicate with such clients is very different from communicating with a legal writing professor or a senior lawyer. The substance of how to be successful in these settings goes beyond broad statements like “think of your audience” and easily transferable points like “don’t use legal jargon with non-lawyers.” In the ABA article, author Max Rosenthal went on to assert that all practical legal skills are rooted in tacit knowledge—not only writing and communication, but analysis itself.

Listening can help a summer associate begin to access some of this tacit knowledge. Through “shadow” programs and being invited along on a deposition or other legal event, summer associates can  just watch, listen, and learn. As with good law-school externships, these opportunities may be some of the most inclusive and rare opportunities to listen and learn, relatively free as they are of the pressure to bill time.

Tacit knowledge is, by definition, difficult to access directly. But conversations with lawyers in a practice area may be a start. Good conversations before any particular assignment can yield information about how lawyers do their job well in a particular practice area with particular types of clients. Show curiosity. Ask them about their experiences, successes, and challenges in that practice. What do they wish they had known when they started? Listen carefully to their words, and watch their nonverbal communication as they share their experiences. What are they telling with their nonverbal communication, as well as showing with their words? All of this information is valuable toward understanding this person and this person’s experience in this area of law. For good listeners who are curious, every piece of information they collect helps them do their work more effectively.

Social skills

Summer associates need to show that not only can they do the work, but they are also a “good fit” at the firm internally and can be trusted to interact with clients. These concerns mean summer associates should work on all kinds of social skills such as dressing appropriately and monitoring alcohol intake.

Listening helps across the entire spectrum of social skills. Here are just a few examples:

  • Showing curiosity by asking good questions and responding appropriately to the answers to continue the conversation
  • Knowing when to sit back and observe, such as when a senior lawyer is interacting with the client and the summer associate has the good fortune to be there
  • Maintaining focus on the situation even when not playing a direct role
  • Being able to converse informally (such as at a happy hour) by starting a conversation, bringing other people into the conversation, and leaving a conversation
  • Demonstrating recollection of earlier details and bringing them into later conversations appropriately

Evaluating listening

There don’t seem to be any published summer associate evaluation forms, but it is a certainty that they include criteria for effective communication skills. Communication involves four distinct channels: reading, writing, speaking, and listening. Listening may not be mentioned explicitly to the same extent as effective oral and written communication, but it is part of effective communication.

Listening can be subtle and hard to measure. It’s so difficult to say  whether another person is a good listener or a great listener. But when it comes to human perception and evaluation of others, “bad is stronger than good.” That means a hiring committee’s evaluation discussions may focus on problems or concerns, rather than subtle gradations of what went well. Some aspects of poor listening may be hidden—for example, not catching the subtleties of an assignment and therefore writing an acceptable memo that misses an opportunity to add value. (More on adding value below.) But some bad listening is very easy to spot. Looking at one’s smartphone while in the presence of a Very Important Person would be one example of what not to do.

Adding value and building professional identity

Listening can help a summer associate achieve the most nebulous and most important goal of all—“adding value” to the legal work of the firm. It’s a buzzword and maybe even a cliche, but there are ways for summer associates to add value by listening. Observing a deposition could provide an opportunity to watch the witness’s body language and suggest a follow-up question after a break. Shadowing a corporate lawyer could open up conversations about different ways to handle a type of transaction depending on the client’s goals. Asking questions that demonstrate understanding and curiosity about the profession suggests a greater long-term potential for adding value.

And listening can also help the summer associate directly with an more individual goal (one that is also nebulous but also important): building that summer associate’s own professional identity as a lawyer. One definition of professional identity is “the way a lawyer understands his or her role relative to all of the stakeholders in the legal system, including clients, courts, opposing parties and counsel, the firm, and even the legal system itself (or society as a whole).” (This is from Scott Fruehwald’s book Developing Your Professional Identity: Creating Your Inner Lawyer, quoting an article by Martin Katz on teaching professional identity in law schools.)

Certainly law school is a place where professional identity starts to form; taking those skills out into the almost-real-world of being a summer associate should be an even more meaningful opportunity to do so. However the summer turns out, it will have been some kind of step on the way towards a more fully formed professional identity.

This post was updated from its original form to include the ABA article recommending practical experience as the method for law students to acquire tacit knowledge.

For more reading on listening and summer associates: Listening as a hard skill and a soft skill

For more on checklists and legal writing: The Legal Writer’s Checklist Manifesto

Client developmentLaw firm marketingLegal communicationLegal skillsSummer associates

Steal their listening

Keith Lee’s book The Marble and the Sculptor: From Law School to Law Practice (ABA 2013) is a bracing, honest, challenging compendium of advice for new lawyers. I would strongly recommend it to upper-level law students and new lawyers. (See also his blog, Associate’s Mind, as well as his columns in Above the Law.) One chapter in Keith’s book that caught my eye is “On the Importance of Stealing.”

In addressing new lawyers, Keith advises the following:

“[S]tealing is an essential skill for you to develop.”

Not for larceny, of course, he says, but “within the framework of learning and growth.” The objects of this stealing are varied: “other lawyers, CLEs, books, anything really.” New lawyers should “steal their pattern of success.”

This is great advice. But it’s easier in some areas than others. We can look at a great legal brief and break down how each section and each sentence works. We can watch a great advocate and recognize skillful pauses and variations in tone. We can admire a senior lawyer who knows literally every statute and case in a given area of expertise and can assemble and reassemble them instantly in response to any factual question.

What about listening?

Listening is hard to observe and very hard to measure. Speaking and writing are productive – i.e. observable – communication skills. Listening is one of the two receptive communication skills, along with reading. “Listening is a hypothetical construct, something you know exists but you can’t physically see. You can see only the behavioral indicators supporting its existence.” This is from Debra L. Worthington and Margaret Fitch-Hauser’s textbook on listening.

So how do you steal from a hypothetical construct?

The behavioral indicators are a place to start.

This is a complex process: you’re observing affirmative actions such as making eye contact, using appropriate body language, asking questions, and providing “discourse markers” such as “um-hm” that encourage conversation. But you’re also observing what the listener doesn’t do: noticeably look away, check a smartphone, interrupt. Noticing what isn’t there is very, very difficult. As Nobel Prize-winning psychologist Daniel Daniel Kahneman tells us, “WYSIATI”: What you see is all there is.

The ease of perceiving what is there may partly explain why active listening is such a popular listening concept. It has a set of specific repeatable, measurable behaviors that go with it, such as repeating what the speaker has said. If you watch a skilled active listener, you can steal the method. But note how this is not really stealing the person’s listening skills. It’s stealing the productive act of speaking in a certain way, by repeating what the listener just heard.

The most important components of listening are hidden: being aware of and receiving the information, placing it into context with one’s previous knowledge, evaluating and (perhaps) remembering the information, and responding. These elements of listening are drawn again from Worthington and Fitch-Hauser’s MATERRS model of listening.

It’s hard to steal someone’s level of awareness. Again here, specific affirmative behaviors may be the only practical proxy. Making eye contact is a sign of awareness, for example. The educational-reform model KIPP teaches children a set of specific classroom behaviors that include “sit up,” “track the speaker,” and “nod your head.”  Body language can shape not only communication behaviors but actual brain chemistry, as Amy Cuddy famously described in her TED Talk and other work on “power posing.” 

The “s” in the MATERRS listening model stands for “stay connected and motivated.” To be a good listener, you have to want to listen.

But how can a person “steal” someone’s else’s motivation? Maybe the answer is an instrumental one: you can observe what their good listening does for them. Specifically, you can observe how you feel when you interact with a skilled listener.

In The Marble and the Sculptor, Keith Lee emphasizes communication — actually over-communication — with clients. This means keeping the client informed, of course. It also means taking time to get to know the client: “Take time out to learn the stock price, industry, day-to-day culture, players and overall goals of your client. Visit their offices and plants. Do it free of charge.”

This is one of Keith’s many kernels of advice to consider stealing. (Actually he got it from and attributes it to Dan Hull of What About Clients.) Before going on an outing to spend the afternoon at the client’s site, it’s a good idea to prepare. Study up on the client, of course. But also, consider inviting a great lawyer to lunch — someone whose client development and communication skills you know to be first rate.

And then steal their listening.

***

Note: I was grateful to meet Keith in person as he spoke to the legal blogging class I am co-teaching at Emory Law School. His advice on lawyering and legal blogging is first-rate (obviously!) and was received with great enthusiasm by the students. After seeing him interact with students, I can say Keith is not only a great speaker but also an excellent listener.

Law schoolLegal educationPeople skillsSummer associates

“Listening” to the legal job market

“Listening” on social media is not really listening (which requires spoken or nonverbal input) — but it’s an essential skill for lawyers and law students nonetheless.

Practicing lawyers can use social media to understand more about their clients and competition, as legal marketing and social media expert Nancy Myrland discusses here. Listening to social media is valuable to legal scholars as well; Professor Randy Picker of the University of Chicago uses Twitter in part as a “listening medium” and “curated news feed” on topics of interest. Along with several practicing lawyers, Picker describes his experiences with social media in this informative panel discussion on “Social Media and Your Law Practice,” sponsored by the ABA Antitrust Division.

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Courtesy Flickr/bspusf

And law students seeking jobs can listen on social media for a variety of reasons:

  • to better understand a practice area
  • to prepare for interviews by learning about potential employers
  • to explore opportunities for contributing to a potential employer’s social-media presence

Listening to the hot topics and background language in a practice area

Listening to social media can build your knowledge base about the field you’re interested in. For anyone — job seeker or not — social media is a fantastic resource for identifying emerging and recurring legal issues. Emory Law School 3L Anna Saraie uses law firm blogs to learn more about the area she hopes to practice in, labor and employment: “I have bookmarked several blogs run by firms that specialize in labor and employment. The information on these blogs came in handy especially during my interviews because it allowed me to engage in interesting conversations about current issues in the field.”

Social media provides a window not just into “hot topics,” but on a subtler level, into the way experts think and talk in a particular field. The kind of vocabulary and conversational patterns you use in a law school classroom are sometimes not the same as the vocabulary and conversational patterns in a lawyer’s day-to-day life. While social media is not a replacement for real conversation (at least we hope not), it can provide helpful background in hot topics, baseline knowledge, and the specialized vocabulary in a field of law.

Preparing for interviews and networking

Social media can also educate about individual firms. A law student interested in a real-estate firm, for example, could learn more about whether the firm generally represents developers or lenders. A student interested in patent law could understand whether the firm’s practice leans toward a scientific or engineering specialty.

Recent Virginia Law graduate Michelle Carmon used social media extensively in her job search, including studying law offices’ blog comments and retweets. Carmon also used LinkedIn to search for personal connections: “When an interviewer has a public LinkedIn profile, it can provide valuable information that you can use to help establish a connection during the interview. It’s helpful to know in advance if you and an interviewer went to the same college or share an interest in a particular practice area.”

Some of this advice may sound obvious, but it also addresses perennial complaints by employers about receiving overly general and uninformed cover letters, or networking requests indicating a lack of preparation.

Listen for what they’re not saying

If you are trying to listen to what a firm is saying on social media but hearing only crickets, you may have an opportunity right there: If you are interested in working for a firm or lawyer who has no social media presence, your own social media skills could be an asset to that employer.

Legal job applicants with a careful, skillful social media presence may distinguish themselves in the job hunt, as Happy Go Legal points out. New lawyers can contribute content as well as broader policies for maintaining an ethical, effective social media presence. “Lawyers unfamiliar with the tools should enlist new associates fresh out of law school to provide practical tutorials—they’ve always swum in this sea, and naturally have a different mindset,” writes Jared Correia in the ABA’s Law Practice magazine.

Carefully craft your own social media presence

Whether you hope to help a lawyer with maintaining social media or simply want a job practicing law, it is important to have an effective social media presence in your own right. This means actually having a “presence.” At this point, we (the legal industry) should be past the era of trying to shut down all signs of social media life. For example with so many lawyers and law firms on LinkedIn, signing up is a “no brainer.” (This quote is from Kevin O’Keefe, one of the web’s biggest proponents of — well, just read his blog title: Real Lawyers Have Blogs.)

Using social media is valuable, but should be just one part of a mix of job-seeking efforts. Effectively listening to social media could lead to opportunities in real life — where a different kind of effective listening can make all the difference.

Law practiceLegal communicationLegal skillsPeople skillsSummer associates

Checklists for listening

The checklist is a surprisingly simple yet effective tool for improving performance in fields from aviation to construction to medicine to law. Checklists help professionals catch what Dr. Atul Gawande, the chief evangelist of checklists in the workplace, calls “the stupid stuff.”

Flickr/AJ Cann

Flickr/AJ Cann

Checklists also assist with collaborative work on large, complex projects. Complex challenges may not have a right answer, but project-management-style checklists help teams communicate and collaborate efficiently to handle uncertainty and forge a path forward.

I’ve written about how checklists help legal writers (here and here and here). Professor Kathleen Elliot Vinson of Suffolk Law developed an iPhone app with legal writing checklists (reviewed by Bob Ambrogi here). Checklists can help lawyers and law students listen more effectively as well.

For example, a listening checklist should be very useful for face-to-face meetings to discuss a new assignment. During a face-to-face meeting, forgetting to talk about a key topic would fall under Gawande’s definition of “stupid stuff.” Running down the checklist at the end of a meeting can help ensure key topics are covered. This process minimizes inefficient interruptions and follow-ups later. It also maximizes the value of the initial face-to-face time. Click here for a sample checklist for summer associates and legal interns.

Listening checklists could also be useful for client intake meetings, prep sessions such as deposition or mediation prep, feedback on assignments, and so on. Checklists for lawyering tasks are not a novel idea, which raises the question: is a “listening checklist” really that different from a regular checklist of relevant tasks?

Just as a pilot has numerous checklists in the flight manual for a variety of scenarios, a lawyer may have a listening checklist for handling meetings and a different kind of checklist for preparing an SEC filing, for example. The categorical name of the checklist doesn’t matter, buGawande’s great work on checklists, The Checklist Manifesto, teaches that a long, cumbersome, everything-but-the-kitchen-sink checklist is not a particularly good one. Any clear checklist that encourages efficient, effective communication is a valuable checklist for lawyers.

Thanks to Professor Tami Lefko for feedback on this post.

Legal communicationSummer associates

For law students: summer evaluations and listening

Name a skill that summer employers may or may not evaluate directly, but that can enhance performance on every skill they do evaluate.

Yes, it’s listening.

Most obviously, listening is relevant to the soft skills most employers are likely to evaluate. But listening also influences “harder” skills such as research and writing. And listening is certainly an aspect of a law student’s overall potential as a lawyer.

Soft skills

Soft skills are basically anything associated with the cluster of personality traits, social graces, communication, language, personal habits, friendliness, and optimism that characterize relationships with other people.”  Legal employers may evaluate soft skills in categories such as professionalism, courtesy, and general presence, just to name a few. Here are some examples of listening behaviors that may lead to strong evaluations of soft skills:

  • Never looking at your phone while talking with another attorney or client without a convincing explanation (e.g., “Excuse me for one moment. I’m waiting for partner x to let me know if I can attend the deposition right after this lunch.”)
  • Strong listening during any opportunities to observe events such as mediations and depositions (e.g. asking a senior attorney afterwards, “I noticed that the witness kept qualifying her statements with the words ‘as I sit here.’ Does that language mean something specific?”)
  • Active listening during lunch with a mentor (E.g., “You mentioned that your first year in practice was really challenging. What was hard for you?”)
  • Respectful behavior and body language during the evaluation process, especially with any constructive criticisms (e.g. keeping arms gently resting in one’s lap during a discussion of how an assignment could have been stronger)

Hard skills

Listening indirectly influences performance of hard skills such as fact-gathering and research and writing. Here are some examples of listening behaviors that may lead to strong evaluations of hard skills:

  • Noticing and asking about important information that a supervising attorney forgot to mention, such as the desired format for an assignment
  • Discerning what an assigning attorney’s word choice indicates about whether he or she thinks the assignment should be relatively easy or hard
  • Taking notes effectively during a meeting so that follow-up questions are kept to a minimum
  • Observing and understanding a fact witness’s body language and asking questions that follow up on an area where the witness may be hesitant to share information

Lawyering potential

Professors Marjorie Schultz and Sheldon Zedeck have generated a list of 26 “lawyering effectiveness” factors. These factors provide a useful outline of what makes a lawyer effective; thus, law students who show potential in these areas are showing potential to be an effective practicing lawyer. Listening is explicitly listed under the “communications” category, and it indirectly influences many others. Showing effective listening is thus likely to positively influence the overall evaluation of a law student’s potential as a lawyer.