COMMUNICATION IN THE OFFICE

Presented by

ABD HAMID BIN ABD MURAD

April 2020
• LEGAL OPINION 4
• Plain language/LATIN WORDS 3
• Communication styles
2.
• ETHICS IN COMMUNICATION 1.
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 conveyed
• b :  a verbal or written message The captain received
an important communication.
 Introduction

• 3a :  a process by which
information is exchanged
between individuals through a
common system of symbols,
signs, or behavior
 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
 Business Communication

How do law firms communicate with their

clients?

Meetings
Websites
Teleconversation
?
 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 using the handphone while
talking to another, speaking to another staff member while working.
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
 Thomas J. Venardos – 7 best
communication style
 4th style (CONT.)
INCOMPLETE INFORMATION OR DIRECTION TO STAFF
“I want you to inform my client that I will not be able to meet
with him today.”
Can this be done by phone, e-mail or does it have to be in
writing?

“What reason should be given for the cancellation?

 Thomas J. Venardos – best
communication style
 5th style:
Providing complete information and direction

Get into the habit of asking your staff to brief you on important
matters

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 or else you will
end up getting 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.”
 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.”
 Thomas J. Venardos – 7 best
communication style
 6th style:
Finally, communicating about and lingering on the past without
reference to the present or future make you a very boring
“attorney/administrator historian”.

Your current staff wants to know about preserving the good

things now and how to make the future more exciting and
tolerant.

People want to solve today’s problems with tomorrow’s solutions

and not yesterdays memories.
 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.

Example, talking about how efficient we are by using computer

technology, like word processing, spreadsheets, etc.
 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 essential—which 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

 Don’t make assumptions or jump right into problem-solving

mode
 CLASS DISCUSSION

 Effective Communication
WITH UNMOTIVATED
STAFF & PROBATIONERS
 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

 Don’t make assumptions or jump right into problem-solving

mode
 Communicating with
Unmotivated Staff
Newsletter:
Effective to get the message out about the priorities of the legal
firm as seen in the firm’s website

An employee would consider it an honour to be singled out in

such a conspicuous way

The newsletter-writing task can be added on top of any existing

job description, so its essentially free to the legal firm
Newsletter fill the communication gap between senior
management and the staff.
 Communicating with
Unmotivated Staff
Newsletter forges stronger relationship based on trust and
security eg. If employees worries about layoffs, the legal firm
could have a Q&A section in the newsletter to clear any
misunderstanding
 Communicating with
Unmotivated Staff
STAFF MEETINGS
Constructive meetings allow room for lots of communication

your staff might try to trick you into talking about things that
matter to them such as salaries, staffing levels, pending
reorganizations etc.

These topics are demotivating by their very nature and should be

avoided
 Communicating with
Unmotivated Staff
To handle such situation, tell them that it’s business as usual
without worrying about their grouses
If employee conclude his monologue by asking for your help,
brush it aside by saying : “Let’s take that discussion off line”
Language
&
Style
 Plain Language
Basic rules involve:

• Write to inform, not to impress

• complicated writing style is not a reflection of a

writer’s 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

writer’s capability
 Undertakings
improper issuance of legal advice/letter of solicitor’s undertaking
 
A fine example of risk faced by a legal firm’s 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 solicitor’s firm and as such the undertaking given
by the legal assistant was valid and binding upon the firm.
 
5
 Undertakings
improper issuance of legal advice/letter of solicitor’s undertaking
 
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 solicitor’s 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 adversary’s 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