SEMESTER I (ACADEMIC YEAR 2022-23)

General English

Topic –Professional Telephonic Communication

Submitted to:
Dr Shipra Raghuvanshi
NMIMS Kirit P. Mehta School of Law

Submitted by:
Name: Ishaan Shetty
Roll No: F024
Batch: FY BBA LLB
Introduction
One of the most important aspects of any successful attorney-client relationship is the client's assurance of
privacy throughout all communications with their lawyer. Knowing they may depend on this privilege makes a
client more forthcoming with facts pertinent to their representation. The ability of a lawyer to represent a client
fairly and competently is greatly aided by the disclosure of such information. 2 Yet, procedures and practises
that violate this fundamental right are frequently applied to detained clients and their lawyers. These invasions
are so pervasive that almost all forms of communication are now subject to scrutiny. Although the degree of
interference varies among mediums, all of them have the same effect: they weaken the attorney-client privilege
of privacy and confidence. Because of the present COVID-19 epidemic, contact between inmates and their
lawyers has been more restricted and regulated.

When it comes down to it, lawyers and businesspeople have always done a lot of their work away from the
office, particularly when it comes to transactional matters. In contrast to today, conference calls were
commonplace in the 1990s, but Zoom meetings were not. As with business, electronic communication became
the standard in the legal profession in the 1990s and beyond. Even those of us who began teaching in the 1980s
have spent our whole careers assuming that every meeting between a lawyer and client, or among negotiating
parties, took place in a room around a table. However, this is by no means the case.(and maybe even deviated
from the norm).

Findings
 Because of their work, attorneys are well-versed in both face-to-face and online communication, and
they've learned that any inherent difficulties with one medium may quickly become exacerbated by the
other. We now have the option of communicating through face-to-face meetings, phone conversations
(including conference calls), hand-delivered letters and memos, and electronic video conferences and
meetings. When advising students on their media choices, we often remind them to think about the
people they will be communicating with, the tone, style, and format of the medium, and the content of
the message itself. Telephonic discussions, for instance, allow for instantaneous interaction, but they
exclude nonverbal indicators like smiles, expressions of worry, gestures, and so on.
 All participants on a conference call between the two sides of a transaction should be extra cautious
about disclosing sensitive information and should plan beforehand for how to "step out" of the call if
discussions requiring confidentiality arise. Because email doesn't allow for the sender and receiver to
pause and explain or debate the facts or sentiments under consideration, negotiations conducted by
email may easily go on. When someone reads an email they don't agree with from start to finish, they
could feel pressured to "rebut" it with a lengthy response, and they might also feel defensive and want to
"put the record straight." The outcomes of transactional conversations and negotiations may vary greatly
depending on whether or not participants are able to interrupt one another in real time to explain or
refocus the discourse. Furthermore, without the nuances of tone of voice, particularly when there is no
time to respond, recognise, interrupt, or explain, emails frequently communicate or inspire emotions that
are easy to misread.
 We must also decide whether to modify a professional email to a more conversational manner in order
to communicate the business and legal principles when email is not the preferred mode of
communication but must be used regardless. Now that we have the option of communicating through
video,now have more flexibility in terms of when and how they may express themselves verbally and in
writing. From what we've seen, video conferencing solves some of the problems with email's
asynchronous nature, but it also introduces others.
• As of this writing, the transmission delay in most video broadcasts is noticeable. Visual
transmissions are not instantaneous, despite the fact that the delay is minimal and the
communication is generally referred to as synchronous. • These extremely brief transmission
delays cause delays in our perception of each other's video and audio cues, such as stopping to
breathe while speaking. Conversational pauses are indications for us to respond to, or even
interrupt, another person in a face-to-face setting without talking over them. 3 Participants
delaying a discussion to unmute microphones and videos further impedes its flow; • chat
communication has the potential to become the new equivalent of writing and passing notes
 during a conversation. Adding written communication concurrently with oral communication
can add distraction to both the audio and video portions of the meeting, despite the benefits of
chat communication in bridging the gap of not being in person, sharing helpful references and
cites, and making multiple means of communication more accessible to all participants in a
video conference.
• Post-video email or text messages are the most common means of follow-up contact. Despite the
undeniable ease of virtual meetings, we have also lost some of the simplicity and spontaneity of
establishing pre-meeting and post-meeting discussion that we formerly depended on to create
connections when conversing one-on-one before meetings begin and when we enter or depart a
physical room. Since more and more conferences are being held online, we need to fmd new
ways to foster the impromptu encounters and chance interactions that are the building blocks of
so many fruitful professional relationships. Meeting Ethical Standards Via Conference Call or
Video Conference 3 5 5 In the legal industry, the use of conference calls and videoconferences
was already commonplace before the COVID-19 epidemic, but it has skyrocketed since the
outbreak.It's probable that they'll remain the preferred by many lawyers since it is more cost-
effective than in-person discussions and negotiations.67 Some law students may have little
familiarity with conference calls since they did not work prior to law school. Students have
extensive videoconferencing exposure thanks to the COVID-19 epidemic and the rise of online
education, but they may not have given much consideration to the professional implications of
videoconferencing or conducted discussions through video. Because of the prevalence of
teleconferencing and videoconferencing in today's workplaces, it's important for students to learn
how to conduct themselves professionally in these settings. As they think about their future
professions and establish their own identities as professionals, law students should get familiar
with the notion of professionalism and put it into practise as much as feasible. Professionalism is
an important skill to have in the legal field, and students may learn and hone it to their advantage
in transactional law simulation courses. The negotiating exercises and group discussions that are
a standard part of many of these programmes may be readily carried out through telephone or
videoconference. The following activity will help students learn and practise professionalism by
simulating real-world situations.
 Examples - Guidelines for Conference Calls and Videoconferences
 Being considerate of others involves doing things like: o joining the call a few minutes early to handle
any technical issues so the meeting can begin on schedule; o locating a quiet area in which to
participate. Avoid noisy environments such as cafes or public parks, and always announce yourself at
the beginning of a conference call.

 Let people know if you need to leave the meeting early, and be upfront about any potential interruptions
(such as acknowledging background noise if you need to take the call outdoors).
 If you're in charge of the call, here are some things to do right away: • Introduce yourself to the other
participants; * Get the call started on schedule; * Welcome everyone who joined the call and take a
headcount; * Go through the call's agenda and objectives.
 Unless you want to be heard, keep your sound off.
 Sustaining Interest: Active, generous listening entails the following steps: • Being present and attentive
while someone is speaking; Taking notes; Asking questions.
 Effective communication and not talking over others: To avoid interrupting others, establish eye contact,
talk clearly, and turn off mute. If two people are trying to speak at once, and you speak first, be sure to
welcome the other person to speak when you are through.
 When participating in a conference call as part of a large group, identify yourself each time you speak
(or at least the first few times you speak); o When participating in a videoconference, lean in and turn
your mute off to signal to others that you have something to say, or use the hand-raising feature in a
meeting; o When negotiating with a partner, discuss how you will manage the negotiation to present a
  united front and how you will communicate with each other discreetly and effectively.
 Tips for Dealing with Technical Issues: o Use a laptop (rather than a smartphone or tablet) for superior
quality; o Ensure a solid and dependable internet connection; o Be prepared to make rapid adjustments if
the internet connection becomes patchy; o
 To avoid interruptions, you should: o switch to an audio phone, hotspot, or ethernet; o set your phone to
"Do Not Disturb" mode; dismiss all other windows on your laptop (or at least disable notifications) ;
 Learn and perfect the art of screen sharing so that you can present effectively and show off files.
 Maximizing Your Business Attire o Have a professional background; o A void bright lights, uncovered
windows, distracting pictures, and moving fans behind you; o Have a good light source on your face; o
Dress appropriately; o Have your full name (first and last) on your image on the screen; o Look directly
into the camera at eye level when you are speaking (adjust the height of your laptop, if necessary); o
Look directly into the camera at eye level when you are speaking; o A void

Conclusion

The use of virtual means of communication raises a number of difficulties that are becoming more widespread
in the field of transactional law. The aforementioned activities are examples of ways in which a lecturer might
teach students to principles of ethics and professionalism in the field of transactional law using the medium of
virtual communication. In particular, role-playing activities help students establish their professional identities
while also providing helpful background for the ethical standards and professionalism difficulties that often
come up in the context of a business transaction.

References
Hudson Jr, D. L. (2017). Can Lawyers Text Potential Clients. ABAJ, 103, 24.

Choi, E. (2021). The Pandemic of Intrusion into Privileged Communications between Incarcerated Clients and Their
Attorneys. Geo. J. Legal Ethics, 34, 831.

Newell, L. A. (2019). Rebooting Empathy for the Digital Generation Lawyer. Ohio St. J. on Disp. Resol., 34, 1.
 Book Review of Pride and Prejudice
Elizabeth Bennet, the novel's female protagonist, and Mr. Darcy, the novel's male protagonist, have a love story
that is problematic because of their differences. Marriage and love are the novel's main focus. It explores the
many contexts in which love may be found, cultivated, and flourished. The second and brightest of the five
Bennet sisters, Elizabeth was born to Mr. Bennet, a gentleman, and Mrs. Bennet, a dunce. Fitzwilliam Darcy is
a wealthy, brilliant, and honest man, but Elizabeth misunderstands him because of gossip.
She learns the hard way how difficult it is to completely comprehend a person after forming preconceptions
about them. Amidst the difficulty, this is one of the most rewarding tests one may face on the path to finding
and comprehending true love or true friendship. In the 1800s, social status was a key obstacle in romantic
relationships. This is reflected in Pride and Prejudice, a novel published in the early 19th century. The Bennet
family lived in poverty whereas the families of Darcy and his friend, Mr. Bingley, were rather well off. All the
tension stemmed from the fact that they were forming new friendships and romantic connections against this
setting.
The Bennet sisters' doom was sealed when they each found love with a man from the higher classes. The first
and most elegant Bennet sister, Jane, adored Charles Bingley, while Elizabeth was smitten with Darcy. Because
of the pressure from their moms, they had no choice but to split up and live separate lives. "I have no idea when
it all started or where or what words or glances were exchanged. It was way back then. The midway had already
passed before I realised I had started."

Pride and Prejudice is skewed more toward the feminine gender because of its emphasis on the protagonists'
personal development and the obstacles they face in their pursuit of happiness.All of the female characters in
Jane Austen's works fall into one of two types. Lydia Bennet, the youngest Bennet sister, joins her mother and
Mr. Bingley's sister, Ms. Bingley, as well as Lady Catherine, Darcy's affluent aunt. These ladies have a knack
for turning the tables on life. Human flaws such as avarice, arrogance, and naiveté are on full exhibit in them.
Women like Jane Bennet, Elizabeth Bennet, and Charles Darcy's sister, Georgiana Darcy, fall into the second
type of strong, compassionate female characters. While they aren't perfect, their portrayal of themselves is
usually authentic despite the flaws. Jane and Elizabeth are also related to Lydia and Mrs. Bennett, although they
are far smarter than their cousins. Austen authored the archetypes of Victorian era English ladies. She is harsh
on Lydia and Ms. Bingley for their arrogance, and you can understand how they became the way they are as a
result of cultural conditioning. Women of the 1800s were raised to value success and riches, and this may
explain why they preferred to marry men who had these qualities.
In contrast, Jane Austen offers her female characters, such as Elizabeth Bennet, the dignity that was frequently
denied to women in the 1800s by presenting them as humble. If you ask Austen, she would tell you that
Elizabeth was the perfect lady for her. Mr. Darcy, one of Austen's male protagonists, may have been a proud
man with other weaknesses, but he properly overcame his shortcomings and found happiness. This causes
Elizabeth to get an inaccurate opinion of Darcy. He had a reputation for being pompous, yet behind closed
doors he was a passionate lover.
He loved her deeply but was too reserved to tell her how he felt in a civilised way. Over time, Elizabeth learns
more about him than anybody else who is close to him. It's intriguing because of the prejudice each character
has against the other. "When everything is said and done, I assert that nothing beats reading for sheer pleasure.
How quickly one may get bored with a book compared to any other medium. If I don't have a great library
when I finally have my own home, I'm going to be very unhappy."
This story line is consistent with how people's minds really work. Unfounded assumptions and preconceived
beliefs about other people cause friction and hurt feelings. Some of the story's protagonists act in a similar way,
bringing misery onto themselves and others with their thoughts. The message of "do not judge a book by its
cover" is undoubtedly something Jane Austen emphasises throughout Pride and Prejudice. She's given this
adage new life in a way that's nuanced, interesting, and most importantly, based on reality, showing how easy it
is to misinterpret someone without having all the facts. Therefore, the title.
The book demonstrates strategies for overcoming external factors that should have no bearing on a sincere
romantic partnership. Additionally, the story's conclusion will guarantee a "happily ever after." The moral of the
tale is to not allow gossip or peer pressure cloud your judgement. If you ask me, as a reader, this is one of the
books you should read. The story deals with genuine issues and provides genuine answers. The novel's focus on
certain human failings that were common in the early 19th century and are still relevant even after two centuries
is a big reason why it's regarded a masterpiece in English literature.
It's possible that not everyone will like this book. You can't make anything that will appeal to everyone. It's OK
if you say so. The real stakes, however, come from just thinking about the issues it raises. In addition, literature
is essential to the growth of any culture. Another good reason to read Pride and Prejudice is the insight it
provides into a bygone era, culture, set of values, set of accomplishments, set of motivations, and set of virtues.
PAPER NAME AUTHOR
ENGLISH RESEARCH Ishaan Shetty
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