University of Nairobi

School of Law

Bachelor of Laws

Course Unit: Communication Skills for Lawyers

(GPR 115)

Course Instructor:

P. AGER

______________________________________________________________________________

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1. BACKGROUND INFORMATION ON THE COURSE
Over the course of our lives we develop a communication toolkit:

• We learn to appreciate the effect that tone and content have on meaning and how our
communication is received.
• We learn to appreciate silence and non-verbal communication.
• We develop fluency with written communication
• We understand the rules that govern communication in our society, including distinguishing
communication that is considered acceptable from communication that falls below the societal
norm.

Communication is an art rather than a science and effective communication skills are essential to the
practice of law. For young associates, adequate communication skills are critical to their success in the
legal field.

The reality is that almost everything you do as a lawyer depends on communication skills, spoken or
unspoken through body language. Strong oral and written communication skills are crucial and without
them a lawyer will struggle to carry out his/her duties effectively. Lawyers provide information
services, and effective communication skills are a hallmark of good lawyers and because lawyers have
sworn a professional oath, they are expected to communicate at a higher standard than members of
the general public. Indeed, many of the complaints the Law Society and the Advocates Complaints
Commission receives could be avoided (or dismissed) if the lawyer communicated effectively with
his/her client.

2. COMMUNICATION MEANING AND PROCESS FOR LAWYERS

Definitions of Communication

• Communication – A two-way process

3. MEDIA OF COMMUNICATION

Oral Communication

The bulk of the competent lawyer’s work is not carried out on the lawyer’s feet on the day of the
hearing, but on the long days and nights beforehand ensuring that all the law and procedure is
understood, all arguments are covered, all evidence is ready and techniques of persuasion are well
practiced and at hand.

All oral communication by a lawyer must be audible, understandable and appropriate, context specific,
persuasive, honourable, sensible and sensitive.

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 • Requirements for Effective Oral Communication for Lawyers
• Merits of Oral communication
• Demerits of Oral Communication

Written Communication

• Requirements for Written Communication for Lawyers

• Merits of Written Communication
• Demerits of Written Communication

Non-Verbal Communication for Lawyers

• Types of non-verbal communication

One wrong move can undercut a lawyer’s message. The reality is that our “body language” often
communicates what we do not expect it to. A smile, for example, is usually considered welcoming.
But crook one corner of your mouth higher and you project superiority, subconsciously chasing other
people even though that is not your intention as a lawyer. Body language without even saying a word
explains how even the subtlest motions have meaning. Extensive research has been done on “body
language”: from facial expressions and fleeting micro expressions to positive and negative body
language. Discover which postures and gestures indicate confidence and build rapport—and which
reveal disinterest, arrogance, or even aggression. A lawyer needs to learn to end off-putting habits,
accentuate good ones, and become an authentic and effective communicator. Exhibiting body
language that is open, honest, and self-assured increases a lawyer’s social influence and enhances
his/her skill as a negotiator, while the ability to read the emotions and intentions of others is equally
indispensable. Whether an lawyer is making a presentation, pitching a project, or closing a deal, the
right body language can be his/her best ally.

4. LISTENING IN COMMUNICATION FOR LAWYERS

With clients: listening is often more important than talking, and it is better to be interested than trying
to be interesting.

• Difference Between Hearing and Listening

• How does a Lawyer show a client that the is listening to him/her.
• Factors affecting the listening process (social role or position, motivation, interest,
personality, attitude)
• Requirements for Effective Listening: Concentration, eye contact, rapport and
harmony between the lawyer and his client or third party.
• Posture.
• Controlling the Distractions.
• Taking notes.
• Rich Vocabulary.
• Patience.
• Physical Environment.

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 • Objectivity.

5. BARRIERS TO COMMUNICATION:

Linguistic and Semantic Barriers

• Language
• Poor vocabulary
• Poor knowledge of grammar and punctuation marks
• Poor Pronunciation
• Semantic Barriers
• Use of Round about verbiage

Physical Barriers

• Noise
• Distance
• Time Factor
• Place

Organization Barrier

• Line of Authority
• Wrong Choice of mode of communication
• Specialization
• Communication Load

Socio-Psychological Barriers

• Social status
• Values and Attitudes
• Different Notions and Reality
• Inference (Assumptions)
• Past Experience
• Close Mindedness
• Distortion, Filtering and Editing the Message
• Bad Listening
• Emotions
• Inattentiveness
• Resistance to Change

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6. MEETING SKILLS FOR LAWYERS

Purpose of Meeting

Procedures of a Meeting

• Notice
• Agenda
• Venue of the Meeting

7. TELEPHONIC SKILLS

• Skills Required for Effective Telephonic Talk

• Speaking
• Listening

Skills for Making a Call

• Skills for Receiving/Attending a Call

• Follow-up
• Problems in Telephonic Conversations
• Difficult calls

8. EFFECTIVE WRITING FOR LAWYERS

• Purpose of Writing
• Preparation and Planning
• Drafting
• Revising and Checking
• Editing
• Evaluation
• Elements of Effective Formal Writing

9. COMMUNICATION FOR AN ADVOCATE THROUGH DRESS

First impressions mean a lot for lawyers, whether lawyers are showing up to court, meeting clients, or
showing up at one’s law firm. Of course, a lawyer’s professional image has a lot to do with that. For
every situation, different levels of business dress are expected. It can be tricky to navigate the different
rules and expectations of each setting, especially when there is no clear ‘set’ dress code for lawyers.

In Kenya, the Dress Code prepared by the Law Society of Kenya was passed to give guidance to
advocates concerning matters of dressing for purposes of appearance in court in Kenya. The LSK

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Council is empowered by Section 18 of the LSK Act to regulate the practice of law and conduct of
lawyers.

Caselaw challenging the Dress Code will be discussed during this topic.

10. NAVIGATING ORGANISATION POLITICS FOR LAWYERS

• Communication skills to thrive in an organization.

• Organisations and Politics – Ethics and Benefits of Effective Communication.
• Communication for the Lawyer – through visibility.
• Focus on leverage, recognizing the power elite in communication.
• Allies and adversaries in communication.
• Recognising Games and Surviving.
• The AMISH PRINCIPLE IN COMMUNICATION FOR A LAWYER: Awareness,
Motivation, Identification, Substitution, Habit Replacement.
• Managing Power Relationships in Communication for Lawyers.

11. INTERVIEWING SKILLS

A large part of a lawyer’s career will involve interviews: interviews for employment for
himself/herself, interviews with clients etc. Regardless of the kind of interview the lawyer undertakes
he must bear the following in mind:

• Advance Planning and Preparation.

• Dress.
• Courtesy to all during the interview and after.
• Importance of paying attention to body language.
• Listening Skills.
• The Balance – the importance of avoid too much talking.
• Anticipating questions that the lawyer can ask.
• Formality – the importance of not being too familiar.
• Building Rapport.
• Answering/addressing the specific questions asked.
• Developing Information.
• Fear of Silence.
• How to conclude the interview.
• Follow -up.

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12. CONFESSIONS OF GUILT – THE LAWYERS ROLE

In considering the duty of counsel retained to defend a person charged with an offence who
confesses to his counsel that he did commit the offence charged, it is essential to bear key
points in mind:

(a) That every punishable crime is a breach of common or statute law committed by a person
of sound mind and understanding.
(b) That the issue in a criminal trial is always whether the de4fendant is guilty of the offence
charged, never whether his is innocent.
(c) That the burden of proof rests on the prosecution.

There will be further discussion on these principles in class.

RECOMMENDED TEXT

1. Bergman, Paul, Trial Advocacy in a Nutshell (USA: West Publishing Co. 1979).
2. Bergman, Sherr and Burridge, Games Law Teachers Play. The Law Teacher.
3. Brgman, Sherr and Burridge, Non-Legally Specific Role Play. Journal of Legal Education.
4. Evans, Keith, Advocacy at the Bar: A Beginner’s Guide (London: Blackstone Press, 1983).
5. Sherr, Avrom, Client Interviewing for Lawyers (London, Sweet & Maxwell, 1986).
6. Sherr, Avrom, and Moorhead, Richard and Paterson, Alan, Transaction Criteria (London:
HMSO, 1992).
7. Sillars, Stuart Success In Communication (London, Hodder Educaton, 1988).
8. Kour, Bhupender Effectual Communication Skills (New Delhi, S. K. Kataria & Sons, 2013).
9. Roger Fisher, William Ury & Bruce Patton Getting to Yes – Negotiating Agreement Without Giving
In (Boston, Harvard Negotiation Project, 2011).