1
The Importance of
Communication in the
Legal Field
Learning Outcomes
After reading this introduction, you should be able to:
•
Explain the roles of various legal professionals.
•
Explain effective communication in the legal field.
•
Understand the communication process and the
barriers to it.
•
Describe the importance of communicating with
people of diverse cultures.
•
Describe the importance of communicating with
people with disabilities.
•
Understand the importance of communicating as a
member of a group.
Introduction
2
What Is a Law Clerk?
2
What Is a Legal Assistant?
2
What Is a Lawyer?
2
What Is a Paralegal?
3
Working Environments
3
What Is Effective Communication?
4
Effective Oral Communication
4
Effective Written Communication
4
The Communication Process
4
Barriers to Communication
5
Communicating in a Multicultural Society
6
Communicating with People
with Disabilities
7
Working Together
8
Summary
9
Key Terms
9
Review Questions
9
1
This excerpt is for review purposes only and may not be shared, reproduced,
or distributed to any person or entity without the written permission of the publisher.
© 2019 Emond Montgomery Publications. All Rights Reserved.
Introduction
The legal profession relies heavily on written and oral communication. Communication
refers to the exchange of information between people. There are different forms, such
as
verbal
,
non-verbal
,
written
, and
visual communication
. Law clerks, legal assist
ants, lawyers, and paralegals all need effective communication skills to serve their cli
ents and provide effective legal service. This chapter introduces various types of legal
professionals and discusses the communication process and barriers to effective
communication.
What Is a Law Clerk?
In Ontario, a law clerk is a person qualified through education, training, or work
experience to perform tasks for lawyers, paralegals, law offices, government agencies,
and other entities. Under the direction of a licensed lawyer or paralegal, law clerks can
perform administrative or managerial duties and undertake, when delegated to do so,
substantive legal work that, in the absence of a law clerk, the lawyer or paralegal
would perform.
What Is a Legal Assistant?
Legal administrative assistants gather information and assemble legal documents and
correspondence using their knowledge, initiative, and creativity. They communicate
directly with clients, lawyers, paralegals, law office personnel, judicial and government
offices, and other professionals in the community as part of their daily activities.
What Is a Lawyer?
The
Law Society of Ontario
(LSO)
regulates the legal profession in Ontario. It is
responsible for licensing, regulating, and disciplining lawyers and paralegals in Ontario
pursuant to the
Law Society Act
1
and its rules and regulations. Each province and
territory has its own law society that governs the legal professionals of that particular
province or territory.
A lawyer is someone who is authorized by his or her respective law society to
practise law. Once licensed, a lawyer can practise in any area of the law (subject to any
limitations placed on the individual by the law society), including:
• civil litigation
• family law
• real estate law
• estate planning
• corporate/business law
• criminal law
• entertainment law
1
RSO 1990, c L.8.
Law Society of Ontario
(LSO)
A self-governing body that is
authorized to educate, license,
and regulate paralegals
and lawyers in Ontario in
accordance with the Law
Society Act, RSO 1990, c L.8,
and the society’s regulations,
by-laws, and rules of conduct.
verbal communication
The expression of ideas and
information by spoken words.
non-verbal
communication
The expression of ideas
and information using
gestures or mannerisms.
written communication
The expression of ideas and
information through writing.
visual communication
The expression of ideas
and information using
symbols and imagery.
2
COMMUNICATIONS FOR LEGAL PROFESSIONALS
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• intellectual property
• immigration law
• labour and employment law
• international law.
A licensed lawyer can act as a
barrister
,
solicitor
,
commissioner of oaths
, and a
notary public
.
What Is a Paralegal?
Paralegals provide legal representation to clients within limited areas of law. In Ontario,
paralegals, like lawyers, are regulated by the LSO, meaning that they must meet the
education and licensing requirements set by the LSO to practise law. Ontario is the
only province where paralegals are licensed and regulated. The scope of practice for
licensed paralegals is limited by the LSO. Paralegals are only permitted to represent
someone before specific courts and tribunals:
• Small Claims Court
• Ontario Court of Justice for proceedings under the
Provincial Offences Act
2
• Ontario Court of Justice for summary offences under the
Criminal Code
3
• administrative tribunals such as the Landlord and Tenant Board, the Human Rights
Tribunal of Ontario, the Social Benefits Tribunal, and the Licence Appeal Tribunal.
Licensed paralegals can also represent clients in a limited area of immigration and
refugee law, such as in a hearing before the Immigration and Refugee Board.
Paralegals cannot represent clients in the areas of real estate law, corporate law,
wills and estates, or family law. Only lawyers can provide legal services in these areas.
This means that paralegals cannot appear in the Ontario Superior Court of Justice
(other than the Small Claims Court), nor can they represent a client in a family law
proceeding, including a case in the Ontario Court of Justice.
In 2017, the LSO’s governing body approved an action plan to create a special
licence to permit paralegals and others to assist the public with certain family legal
services. This means that paralegals will be permitted to practise some aspects of
family law. The LSO is currently in the process of developing this licence to finalize the
scope of practice, as well as education and licensing requirements.
Working Environments
Law clerks and legal assistants usually work in law firms, but they can also work in:
• corporate legal departments
• accounting firms
• government departments
• banks
• associations.
2
RSO 1990, c P.33.
3
RSC 1985, c C-46.
barrister
The term commonly used
to refer to lawyers who
appear in court to argue
cases through oral advocacy.
In Ontario, all lawyers are
barristers and solicitors.
solicitor
Historically, a term used
to refer to a lawyer who
did not appear in court.
In Ontario, all lawyers are
barristers and solicitors.
commissioner of oaths
Also known as commissioners
for taking affidavits, a person
authorized by the Province
of Ontario to give an oath
to a person who is swearing
or affirming the truth of the
contents of a document.
The commissioner asks
the declarant to swear or
affirm that what is written
in a document is true.
notary public
A person who witnesses
oaths, signs affidavits,
and certifies documents
to be true copies of the
original document.
CHAPTER 1 The Importance of Communication in the Legal Field
3
This excerpt is for review purposes only and may not be shared, reproduced,
or distributed to any person or entity without the written permission of the publisher.
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What Is Effective Communication?
Communication takes many forms, such as writing a letter or an email to a client or
speaking with a client face to face or on the telephone. It also includes drafting other
kinds of documents that communicate information to clients, courts, judges, and
opposing parties and their legal representatives. This chapter introduces you to oral
and written communication.
Effective Oral Communication
Oral communication refers to the expression of ideas and information verbally. Strong
interpersonal and oral communication skills are essential to managing relationships
and providing high-quality customer service. Law clerks and legal assistants interact
with colleagues, lawyers, paralegals, clients, and other third parties on a daily basis.
In their roles, they collect and provide information to clients and other third parties.
As such, they require effective oral communication skills.
Effective spoken communication is clear, concise, complete, and respectful. It also
requires an ability to adjust mannerisms and communication techniques depending
on the particular receiver of the information. Being aware of who you are communi
cating with is essential to employing an effective approach to communicating with
a particular individual. For example, how a law clerk or legal assistant explains
information to a client who has recently experienced hardship or trauma may be
different from how he or she explains that information to someone who has not.
Effective oral communication also calls for awareness of and sensitivity to cultural
differences, which is further explained below. Chapter 11 also deals with how to
speak effectively.
Effective Written Communication
Effective legal writing is necessary for competent client representation in the legal
industry. Legal professionals who are effective legal writers convey meaning to their
audience in a clear and concise manner. To do so, legal professionals need to follow
the conventional rules of grammar and syntax. However, good grammar and syntax
are not enough to make writing effective.
Proper style is also necessary to ensure that a document is clear and concise. Style
refers to how a writer expresses meaning through the use and arrangement of words,
sentences, and numbers. It also refers to the tone and organization of the document.
In general, a legal professional can develop a good writing style by (1) simplifying his
or her writing; (2) organizing his or her writing in an effective manner; and (3) ensuring
that the tone of the text is courteous and appropriate for the intended audience.
Chapters 3 and 4 will teach you the tools necessary to achieve proper grammar and a
good writing style.
The Communication Process
Everyone communicates. You speak, write, read, and make gestures, all of which can
be considered methods of communication. Even when you are not speaking, writing,
reading, or gesturing to someone, communication takes place.
4
COMMUNICATIONS FOR LEGAL PROFESSIONALS
This excerpt is for review purposes only and may not be shared, reproduced,
or distributed to any person or entity without the written permission of the publisher.
© 2019 Emond Montgomery Publications. All Rights Reserved.
The majority of our conscious day is spent communicating. Communication
involves more than one person. Even as this material is being read, for instance, it
becomes a form of communication between the authors who wrote the material
and the student who is reading it.
Even when your attempt to communicate feels unsuccessful, the person you are
addressing does
receive
your message. But perhaps he or she is not listening, is not
responding in a manner that you feel is appropriate, or is not responding at all.
This means that your message is not getting through to the listener for some reason.
No response, or an inappropriate response, is still a form of feedback to your message.
A traditional diagram used to illustrate this theory is set out in Figure 1.1.
sender
receiver
message
feedback
barriers
FIGURE 1.1
Communication Barriers
The person communicating (the sender) sends a message to another person (the
receiver). The receiver gives feedback to show that the message has been received and
how it has been received.
When someone does not appear to respond to your message or responds inappro
priately, there are reasons for this breakdown; they are called
barriers to communica
tion
. Possibly, the receiver cannot hear your message clearly; possibly, the receiver does
not agree with what you said and does not want to tell you so; possibly, the receiver
is not responding for some other reason.
Barriers to Communication
There are a number of possible barriers to communication:
1.
Difficult physical environment.
The room is hot, stuffy, too large, or too small.
2.
Technical problems.
Static on telephone lines or computer crashes can hinder
communication.
3.
Lack of attention or interest.
The listener may lack interest in what is being
said or may disagree with the speaker.
4.
Cultural differences.
The speaker’s age, gender, or ethnicity may be different
from the listener’s.
5.
Stereotyping.
The receiver may have a fixed set of ideas about the speaker or
the speaker’s message. These ideas are often based on rumour or assumption
and may be incorrect.
6.
Inappropriate body language.
The speaker’s body language may not match
the message.
CHAPTER 1 The Importance of Communication in the Legal Field
5
This excerpt is for review purposes only and may not be shared, reproduced,
or distributed to any person or entity without the written permission of the publisher.
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7.
Emotional barriers.
The receiver may have feelings of distrust, suspicion, or
fear about the situation and information. This can occur, for example, when a
client has no experience with the law, the legal system, legal professionals, or
law firms. Also, the client may have had a negative experience with the law or
a law firm in the past.
8.
Wrong time of day.
The speaker or listener may not be alert during part of the
day. For example, a night person may have trouble listening during an early class.
9.
Noise.
Aural distractions may impede listening.
10.
Inappropriate audience.
The audience may not be the right one for the
particular message.
11.
Language barriers.
The speaker’s language may be vague or confusing. For
example, non-native English speakers may not be familiar with common
English expressions, slang, and vocabulary.
These barriers can seriously affect the communication process. For example, think
of how difficult it might be, in the case of a bitter divorce suit, to communicate with a
client reacting to what is perceived as a measly settlement offer from a spouse.
Emotions are running high, and a desire for vengeance is in the air. In these circum
stances, you might find it difficult to communicate with someone who is too emotional
to listen. These factors, and many others that will be discussed in this book, make the
communication process difficult.
Communicating in a Multicultural Society
Law clerks and legal assistants must sometimes communicate with people whose first
language is not English. This occurs in the corporate world and is even more likely to
occur in the areas of law that involve individuals, such as family law, real estate law,
employment law, and insurance law. You must be able to obtain the information you
need to assist these clients, and to convey the appropriate information to them,
Identifying Barriers to Communication
Take a moment to look around your classroom and at your timetable. What are some
of the possible barriers to communication that you see? Do the following barriers, for
example, apply to you?
1.
Books for the course are expensive. You resent having to pay that much
money for one book that you feel you probably will not use entirely.
2.
You have three classes in a row; this is the third. You are tired and just
want to finish and get home.
Whether or not these examples apply to you, try to identify other barriers to com
munication in the classroom.
EXERCISE 1.1
6
COMMUNICATIONS FOR LEGAL PROFESSIONALS
This excerpt is for review purposes only and may not be shared, reproduced,
or distributed to any person or entity without the written permission of the publisher.
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without making them feel awkward or uncomfortable. Make every attempt to pro
nounce names properly, be a good listener, be compassionate, and be aware of cultural
differences. For example, in some cultures, direct eye contact is a sign of respect,
whereas in other cultures, it is a sign of disrespect.
Be aware of problems that may arise from differences in vocabulary and intonation.
Similar words can have different meanings in different cultures and languages, and the
way something is said is often more important than the words used. In addition,
lawyers, law clerks, and legal personnel are viewed differently from culture to culture
and in some cases may be seen as threatening.
Some general guidelines for communicating in a multicultural society are as follows:
1. Use words that are commonly known.
2. Avoid slang or colloquial expressions.
3. Use simple sentences that contain a subject, a verb, and an object.
4. Do not use acronyms, contractions, or abbreviations.
5. Be aware of signs of confusion on the part of the listener.
6. Be an active listener yourself. Active listening skills are discussed in Chapter 10.
7. Be aware that an imperfect understanding of what you are saying does not
indicate a lack of intelligence.
8. Use gestures and facial expressions whenever possible to clarify your meaning
and to make the listener feel comfortable.
Communicating with People with Disabilities
It is important to communicate with people with disabilities in a way that respects their
independence and dignity. A person with a disability has an impairment that limits him
or her in some way. There are different kinds of disabilities, which may include:
• physical limitations
• vision loss
• hearing loss
• learning disabilities
• speech or language impairments
• mental health disabilities
• intellectual/developmental disabilities.
Here are a few broad guidelines for communicating with people with disabilities:
1. Acknowledge the existence of a disability, particularly if the person you are
communicating with draws attention to it. People with disabilities sometimes
use gestures to draw the speaker’s attention to their condition; they would
prefer that it not be ignored.
2. Understand the nature of the disability.
3. Be resourceful in attempting to establish communication. For example,
written notes are usually the best way to communicate with a hearing- or
speech-impaired person. Being resourceful also includes being able to offer
written communication in different formats, such as electronic format using
CHAPTER 1 The Importance of Communication in the Legal Field
7
This excerpt is for review purposes only and may not be shared, reproduced,
or distributed to any person or entity without the written permission of the publisher.
© 2019 Emond Montgomery Publications. All Rights Reserved.
Microsoft Word and/or PDF or hard copy in different text types and sizes.
Also, allowing assistive devices and supports such as technology/software,
service animals, or support persons will allow for effective communication.
The
Accessibility for Ontarians with Disabilities Act
4
sets standards for accessibility
that Ontario businesses and organizations must follow. One of those standards is to
provide customer service that is accessible to people with disabilities.
Law firms provide legal services to the public, and the customer service they provide
to their clients must be accessible to people with disabilities. Law clerks and legal
assistants should be mindful of the AODA,
as well as any policies that a firm created
that outline how the firm will provide legal services to people with disabilities. Chapter
11 provides more tips for effectively communicating with people with disabilities.
Working Together
Communicating is often a one-on-one situation. As seen in Figure 1.1, a sender sends
a message, a receiver receives the message, and the feedback indicates how much of
the message was received, understood, and accepted.
There are many situations, however, when you will be dealing with more than one
person. After all, dealing with the process of law is a group effort; for example, you do
not complete all of the work on a large real estate transaction by yourself. You need
the assistance of land titles agents, gas or electricity department personnel, local gov
ernment officials, other law firms, and more—an entire range of people to whom you
must communicate vital information and from whom you must receive information in
return. These people are members of your group. When mixed messages are sent
between members of the group, or when various members interpret a message differ
ently and fail to assist one another in the communication process, confusion usually
ensues—another communication barrier.
4
SO 2005, c 11 [AODA].
Foreseeing Barriers
Imagine that you are a legal assistant involved in the large real estate transaction men
tioned in the paragraph above. List some of the potential barriers to communication
that might be encountered with the following:
1.
the buyer of the property
2.
the seller of the property
3.
the other law firm that you are dealing with
4.
the land titles agents
5.
the local government.
EXERCISE 1.2
8
COMMUNICATIONS FOR LEGAL PROFESSIONALS
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SUMMARY
Everyone communicates, but the effectiveness of the
communication process varies. Effectiveness is reflected
in the types of feedback given and depends on how well
the barriers to communication between sender and
receiver are overcome. Law clerks and legal assistants
must be effective communicators. They must under
stand that certain barriers to communication, such as
language difference or disabilities, present special
challenges.
KEY TERMS
barrister,
3
commissioner of oath,
3
Law Society of Ontario (LSO),
2
non-verbal communication,
2
notary public,
3
solicitor,
3
verbal communication,
2
visual communication,
2
written communication,
2
REVIEW QUESTIONS
1.
What is a law clerk?
2.
Explain the similarities and differences between a
lawyer and a paralegal in Ontario.
3.
What is the Law Society of Ontario?
4.
What is effective written communication?
5.
Identify four barriers to communication.
6.
Identify three things a law clerk or legal assistant
should do when communicating in a multicultural
society to increase the effectiveness of the
communication.
7. What is the
Accessibility for Ontarians with
Disabilities Act
?
CHAPTER 1 The Importance of Communication in the Legal Field
9
This excerpt is for review purposes only and may not be shared, reproduced,
or distributed to any person or entity without the written permission of the publisher.
© 2019 Emond Montgomery Publications. All Rights Reserved.
This excerpt is for review purposes only and may not be shared, reproduced,
or distributed to any person or entity without the written permission of the publisher.
© 2019 Emond Montgomery Publications. All Rights Reserved.