Do you speak the same way in a job interview as you do when you’re at a concert with your friends? Probably not. Is your interaction with a police officer similar to how you behave with a family member? Again, unlikely. We tend to adjust our style based on our circumstances and company; and often we do so unwittingly. But in the practice of law, with words as our tools, it’s not enough to simply convey thoughts. We must have a deeper awareness of how we are communicating.

Articulating thoughts with clarity and precision is essential for licensed legal professionals. It is equally important to consider the delivery and reception of those messages.  As sentient, social creatures, people instinctively “read between the lines” when reading an email or listening to a voicemail. In face-to-face conversations, we interpret meaning from nonverbal cues. A lawyer or licensed paralegal may have a rich vocabulary, but without being mindful of how they deliver their carefully curated words, they may unintentionally undermine the potential for constructive working relationships—with clients, opposing counsel, or the judiciary. Knowing your content and knowing your audience can enhance the effectiveness of your communication and solidify your reputation as a professional.

Know Your Content

To improve professional communication, it is fundamental to first have a clear understanding of our intended message. It’s impossible to give sound legal advice without fully comprehending the relevant law. Similarly, negotiating a settlement without knowing your client’s goal is a recipe for failure. Along the same lines, can you imagine making a closing argument without recalling what the evidence showed? These examples, although seemingly obvious, highlight the critical need to fully grasp the information you seek to convey.

Know Your Audience

Knowing exactly what you want to say is only one facet of meaningful communication.  Fully comprehending your audience is equally vital.
 

• Communicating with Clients

Think of communication as a dialogue rather than a soliloquy. When interacting with clients, plan for a large part of that dialogue to be at the receiving end. Only through actively listening can you gain a clear understanding of your client’s goals and the objectives of your representation. Ask open-ended questions and look for nonverbal cues. If your client seems apprehensive about sharing detailed information, you may need to work on building trust. Perhaps a different place or time will lead to a more productive conversation.

When you are the one conveying information, try to put yourself into the mindset of your client. Consider their education level and their experience, if any, with legal matters. Are they easygoing or highly anxious? Treat each client individually and tailor your communication in a way that works best for them. Ethically, you’re required to reasonably explain matters to your client so they can make informed decisions concerning the representation. (ORPC 1.4 for lawyers and ORPC-LP 1.4 for licensed paralegals.) Effective communication with your client not only helps you avoid bar complaints but also significantly reduces the risk of malpractice.

For example, imagine your client emails you on the eve of trial expressing worries of cross-examination under the hard-driving plaintiff’s attorney. With patience and sensitivity, you write, “You should be fine.” Your client then crumbles on the stand leaving the jury with a bad impression. The trial is lost, and your client files a malpractice claim alleging you gave negligent advice. Incredulously you wonder why the client turned on you, especially after you were so empathetic. While empathy is often helpful, it was not what the client needed in this situation. Your client needed better preparation for the difficult questions on cross-examination and guidance on maintaining composure. You might have avoided this by more fully understanding your client’s needs.
 

• Interacting with Opposing Counsel and Other Legal Professionals

Benjamin Franklin is believed to have said, “It takes many good deeds to build a good reputation, and only one bad one to lose it.”  In fact, much of Franklin’s advice, published in Poor Richard’s Almanac, emphasizes the importance of character and integrity. While a reputation for honesty is always a good thing, integrity is crucial when interacting with other lawyers or licensed paralegals. In addition to being an ethical requirement (ORPC 4.1 and 8.4(a)(3); ORPC-LP 4.1 and 8.4(a)(3)), honest communication builds trust, promotes justice, and facilitates resolutions. Working collaboratively is facilitated when opposing counsel are forthright, whereas a suspicion of dishonesty necessitates additional efforts to verify information.

Moreover, a lack of civility can be detrimental to client interests. Adversarial conduct, including incivility or offensive communication, diminishes both the efficacy and the reputation of the professional involved, undermining opportunities for amicable resolution.
 

• Addressing Judges and Tribunals

When you are communicating as an advocate before a tribunal, in written pleadings or in person, your demeanor and tone should be one of respect and formality. Anything less than proper decorum indicates disrespect and fails to uphold the dignity and solemnity of the court.

Legal professionals should always be mindful of how they communicate—not only verbally, but how they present themselves physically, with actions and body language. Gestures, facial expressions, and even failing to stand when addressing the court can signify disrespect. Anticipating challenging situations and cultivating a composed demeanor are best practices for maintaining professionalism and fostering a positive reputation.

 

Conclusion

Every interaction matters—whether listening carefully to a client, maintaining professionalism with opposing counsel, or presenting ourselves effectively in court. By thoroughly understanding the intended message and the audience, legal professionals reinforce their capacity to serve clients effectively, uphold ethical mandates, and sustain credibility within the profession.