COMMUNICATION IN THE OFFICE

Presented by

Norman Zakiyy

March 2017
OUTLINE OF LECTURE
 Introduction
What is communication? Numerous definition..
Merriam-Webster dictionary:
Definition of communication
1 : an act or instance of transmitting the communication of disease
2a : information communicated : information transmitted or conveyedb
: a verbal or written message The captain received an important communication.
3a : a process by which information is exchanged between individuals
through a common system of symbols, signs, or behavior the function of
pheromones in insect communication; also : exchange of informationb : personal
rapport a lack of communication between old and young persons
 The different categories of
communication
1. Spoken or VERBAL COMMUNICATION: face-
to-face, telephone, radio or television and other
media.
2. NON-VERBAL COMMUNICATION: body
language, gestures, how we dress or act - even our
scent.
3. WRITTEN COMMUNICATION: letters, e-
mails, books, magazines, the Internet or via other
media.
4. VIZUALISATION: graphs, charts, maps, logos and
other visualizations can communicate messages.
*Law firms involve 1-3 above OR ALL?

 Business Communication

Business communication is the sharing of

information between people within and outside the
organization that is performed for the commercial
benefit of the organization.
It can also be defined as relaying of information
within a business by its people.
Thus, business communication is important for legal
firm profitability
 Problems relating to
communication?
Many law firms faced problems relating to poor or
non-existent in office communication from
management hierarchy problem?

The firm management is supposed to be the guiding

force in showing direction and high standards of clear
communication

Effective leaders must develop personal relationship

with staff so that assigned tasks are carried out in a
timely and correct manner.
 Thomas J. Venardos best
communication style
According to Venardos, legal management consultant of Messrs Olmstead and
Associates, you can test your communication effectiveness by:

Assessing yourself
Having others in the office assess you
Compare the two to see if there is agreement of perception or disagreement
of perception as to your negative or positive communication styles.
If there is a significant disparity, check to see why the big difference.
If you are seen as a very negative communicator seek some personal advice
and coaching to make appropriate changes.
Remember change is not bad and can create improved professional respect,
leadership and effectiveness.
 Thomas J. Venardos 7 best
communication style
1st style:

One single message, which goes as follows, might provide a clearer communication:
You are doing fine and I like your work, but there is room for improvement and we
can explore this together.

Receiving a mixed message is perceived as a put down which allows too much room
for personal negative interpretation or mis-interpretation. Single messages are more
accurate and easy to read while getting much better positive results.
 Thomas J. Venardos 7 best
communication style
2nd style: Adopt open communication - provide everyone with the same
information at the same time

Avoid closed, secretive communications style.

These managers tend to say as little as possible to the staff as a whole but prefer
to talk one-on-one so that no one in the office has the entire piece of
communication

Avoid a moody communication style

Some examples of minor reasons might include having the radio on, speaking to
another staff member while working, or taking a longer than permitted break.
These little annoyances can bring about major emotional responses from both
management and staff
 Thomas J. Venardos 7 best
communication style
3rd style:
consistent and stable emotional
communications.

Avoid I am too busy syndrome.

This implies that you do not have time to give to
others because your work is more important than
your staff.
 Thomas J. Venardos 7 best
communication style
4th style:
Avoid being so very busy and take the time to talk to your staff

Avoid giving INCOMPLETE INFORMATION OR DIRECTION TO Y OUR

STAFF
An example would be I want you to inform my client that I will not be able to meet with
him today. First of all, how is this to be executed? Can this be done by phone, e-mail or
does it have to be in writing? Secondly, do you want to set up another appointment and
when? Thirdly, what reason should be given for the cancellation? These are the kinds of
thoughts that go through a persons mind when they are given incomplete information or
direction.
 Thomas J. Venardos best
communication style
5th style:
Providing complete information and direction

If you are in a hurry and cant think of all the necessary

communication yourself, get into the habit of asking your staff,
what else do you need to know?
By clarifying and asking the questions yourself, you will get the
information they need to function more responsibly. Checking
yourself against the other person can only help clarify
communications and make it more accurate.
 Thomas J. Venardos best
communication style
AVOID Intimidating communications works on intense emotions of
others like feelings of fear and anger.
You tend to get negative emotional responses from others rather
than their responsiveness, accuracy and compliance.
An intimidating comment might be, I expect you to be right on
time every morning and not one minute late.

To many people this sounds like you are accusing them of not
doing their work and they are merely playing rather than working.
 Thomas J. Venardos 7 best
communication style
6th style:
Having a friendly tone when communicating can get you more positive results and a
better reputation with your staff. By asking your staff to be involved and assist you in
making office decisions, you may get much more responsible and accountable solutions
and behaviors.

You can ask, how can we solve this problem of office coverage? I need your input
with several possible solutions to make your job more manageable and the clients more
satisfied.
Finally, communicating about and lingering on the past without reference to the present or future
make you a very boring attorney/administrator historian.
 Thomas J. Venardos 7 best
communication style
6th style:
Having a friendly tone when communicating can get you more positive results and a
better reputation with your staff.

By asking your staff to be involved and assist you in making office decisions, you may get
much more responsible and accountable solutions and behaviors.

You can ask, how can we solve this problem of office coverage? I need your input
with several possible solutions to make your job more manageable and the clients more
satisfied.
Finally, communicating about and lingering on the past without reference to the present or future
make you a very boring attorney/administrator historian. People usually dont care
about how good it was back then or how you had the best professional relationships ten
or twenty years ago. Your current staff wants to know about preserving the good things
now and how to make the future more exciting and tolerant. Your examples about how
simple things were when you didnt have computers that malfunctioned will not impress
 Thomas J. Venardos 7 best
communication style
7th style:
Learn to communicate with an eye on the future. Your visions and dreams may
become part of your staff s goals and strategies to improve the law firm.

Talking about how efficient we are by using computer technology, like word processing,
spreadsheets, and the billing system, will help everyone in the firm to have a common goal
that can be achieved by using a common language with similar resources.
 Cultivating the Art of Effective
Client Communications
Marcia Pennington Shannon, a principal in the lawyer development
consulting firm Shannon & Manch, LLP suggests the use of A CCQ Self-
Assessment Exercise
client communication quotient (CCQ)

Strategies to Help Improve CCQ

Identify things that are getting in your way. There are two aspects to this.
First, as with most things, self-awareness is essentialwhich in this case means
understanding your own personality, strengths, weaknesses and limitations, when
it comes to your communication style.
 Cultivating the Art of Effective
Client Communications
Become more client aware. This means taking a proactive
approach to understanding your clients, including their
characteristics, their backgrounds and the environments in which
they work and live.

Getting to know your clients beyond their current legal issues

gives you deeper insights into their perspectives and objectives.
Most importantly, this information can be very useful in relating
to them, structuring the feedback that you give to them, and
addressing issues from their points of view.
 Cultivating the Art of Effective
Client Communications
Develop your listening skills.

Active listening improves every relationship

Pay attention to what is being said

Ask questions to stimulate thought and build clarity

Dont make assumptions or jump right into problem-solving

mode
Language
&
Style
 Plain Language
Basic rules involve:

Write to inform, not to impress

complicated writing style is not a reflection of a

writers capability

Avoid the use of archaic words(including Latin words)

 Plain Language
Basic rules involve:

Write to inform, not to impress

complicated writing style is not a reflection of a

writers capability

Avoid the use of archaic words(including Latin words)

 EXAMPLES OF ARCHAIC
WORDS
Standard English Old Use
Bedroom bedchamber
frighten affright
perhaps peradventure

willing fain
 Archaic words

An archaic word connotes old-fashioned language

Words and phrases that were used regularly in a language,

but are now less common

the pronoun 'thou', which is very rarely used nowadays

is an archaism, which is sometimes used to suggest
biblical language or a dialect.

See Quranic translation?

 Archaic words

Lawyers should write to inform, not to impress

Complicated writing style is not a reflection of a

writers capability
 Undertakings
improper issuance of legal advice/letter of solicitors undertaking

A fine example of risk faced by a legal firms failure to monitor the work of its legal
assistant can be seen in the case of Ismail Bin Tunku Md Jewa & Anor v Tetuan Hisham, Sobri
& Kadir 5. In that case, a legal assistant had given an undertaking which was later breached
by the firm. The firm in its attempt to defend the claim brought against it for a breach of
undertaking argued that the legal assistant had not been given authority to issue the
undertaking. The court however did not buy this argument and held that the
undertaking given was within the ordinary course of business of a solicitors firm and as
such the undertaking given by the legal assistant was valid and binding upon the firm.

5 (1989( 2 MLJ p.489

 Undertakings
Ruling 14.03 Rules and Rulings of the Bar Council Malaysia an
advocate & solicitor is not allowed to issue any demand notice
other than through his/her law firm
Ruling 14.09 (1)(b) Rules and Rulings of the Bar Council
Malaysia an advocate & solicitor to return documents if
unable to give undertaking
Ruling 14.09 (2) Rules and Rulings of the Bar Council Malaysia
an advocate & shall not impose or request unreasonable
undertakings or condition
 Framework of Legal Opinions

Containing the following framework:

Instructions (set out what has been advised upon)

Background facts (state facts known to you)
Document referred (identify documents provided to you)

Reservations
Summary of views
Reasoning (how you come to the views above)
Conclusion
 Tutorial Exercise

Compose the following letters:

1. Letter to the Bar Council relating to the setting up of a new law firm (Refer to
Ruling 7.06 of the Rules and Rulings of the Bar Council of Malaysia)
2. Letter to the Bar Council relating to the admission of a new partner to your
current firm practice (refer to Ruling 7.07 of the Rules and Rulings of the Bar
Council of Malaysia)
3. Letter to your client informing the next mention/hearing date.
4. Letter to the adversarys solicitors informing the next mention/hearing date
upon attending the court and on mentioning on their behalf.
5. Letter to your client informing that a particular court application has been
struck out
Latin words which are commonly used by lawyers
Sample Legal Opinion