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Effective Communication for Lawyers: A Practical Guide [Hardback]

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Effective Communication for Lawyers is an essential guide to communicating in the radically and rapidly changing environment of professional law today. The book offers a deep dive into understanding communication as behaviour, as well as practical tools and insights. It connects theory to practice in order to improve client communication, support the current transformation of legal work and prepare readers for future developments and disruptions in the legal profession.

Key Features:









Introduces The Dialogue Box and explains how to use this foundational communication tool in everyday legal work Provides a solid grounding in the theoretical context and expands the horizons of the relationship between law and communication Offers the reader a clear understanding of why they are communicating and enables effective use of various channels, tools and skills of communication





This book will be crucial reading for all practising lawyers, as well as arbitrators, mediators and negotiators. It will also be helpful for law students looking to develop their communication skills ahead of going into practice.

Recenzijas

This is a highly useful, clear and interesting read. David Cowan guides us through why great communication is such a vital skill for legal professionals but then, most importantly, he gives the tools which enable us to do this ourselves - impactfully and simply. An excellent contribution. -- Christina Blacklaws, entrepreneur and innovator, Chair of LawTech UK and former President of the Law Society of England and Wales If communication, as David suggests, is better understood as the activity of sharing, then I think we are all fortunate that he has shared with us his insights into effective communication in this invaluable book. As a practising lawyer, I would rank effective communication as the most valuable skill a lawyer can possess; one that we must continually develop. The Dialogue Box is an excellent practical tool which aids that development for everyone from the first year law student to the most seasoned practitioner. -- Tara Doyle, Matheson, Dublin, Ireland This book does much more than it says on the tin. As well as being a first-rate practical guide, it offers a deeply informed analysis of the changing nature of legal communications in a digital society. Wide-ranging, well-researched, and ambitious, it should be mandatory reading across the world of law. -- Richard Susskind, President, Society for Computers and Law

Preface x
1 Dialogue and law - new horizons
1(21)
1.1 Legal thinking in context
6(2)
1.2 Law and society
8(1)
1.3 Practising law
9(3)
1.4 Diversity
12(2)
1.5 Lawyers in Wonderland
14(4)
1.6 Our communications age
18(4)
2 Law as communication, communication as law
22(22)
2.1 Contextual change
26(4)
2.2 Changing legal communication
30(3)
2.3 Your communication issues
33(2)
2.4 Communication as access to justice
35(4)
2.5 Technology and the law
39(5)
PART I THE COMMUNICATING LAWYER
3 Emotional lawyering
44(20)
3.1 Contest, persuade, consult or resolve?
50(10)
3.2 Mental health
60(4)
4 Collaborative lawyering
64(22)
4.1 Relational lawyering
65(2)
4.2 The augmented lawyer
67(2)
4.3 Context
69(1)
4.4 Tackling bias
70(1)
4.5 The collaborative process
71(4)
4.6 A collaborative LegalTech ecosystem
75(1)
4.7 Women's LegalTech problem
76(1)
4.8 Sexual orientation
77(1)
4.9 Disabilities
78(2)
4.10 Generational differences
80(1)
4.11 Boundaries of collaboration
81(1)
4.12 Broken business model?
81(5)
5 Changing channels
86(19)
5.1 Infusion not cascading
87(2)
5.2 Embracing training
89(2)
5.3 Choosing channels
91(3)
5.4 The ubiquitous email
94(3)
5.5 Social media
97(1)
5.6 Face-to-face communication
98(1)
5.7 Death by PowerPoint
99(2)
5.8 Meetings mania
101(1)
5.9 Print versus digital
102(1)
5.10 External media
103(2)
6 Changing paradigms - confront or collaborate?
105(21)
6.1 The legal pyramid
105(3)
6.2 Changing courts
108(2)
6.3 Negotiation
110(6)
6.4 Mediation
116(2)
6.5 Arbitration
118(3)
6.6 Litigation
121(5)
PART II THE DIALOGUE BOX FOR LAWYERS
7 Introducing the Dialogue Box
126(11)
7.1 Using the Dialogue Box
127(8)
7.2 Practical steps: ready to dialogue?
135(2)
8 The Intelligence Zone
137(18)
8.1 Facts, norms and language
140(4)
8.2 Knowledge and unknowns
144(2)
8.3 Rational decision-making
146(3)
8.4 Building the learning legal unit
149(4)
8.5 Practical steps: Zone 1 - Intelligence
153(2)
9 The Emotion Zone
155(20)
9.1 Emotion, judgement and power
165(3)
9.2 Lawyers and bullying
168(2)
9.3 Emotionally intelligent decision-making
170(3)
9.4 Practical steps: Zone 2 - Emotion
173(2)
10 The Interpretation Zone
175(20)
10.1 Agreement as a matter of interpretation
178(2)
10.2 Interpreting intention
180(4)
10.3 Legislation
184(1)
10.4 Finding intention in statutory interpretation
185(3)
10.5 Interpreting' ordinary meaning'
188(1)
10.6 Reading interpretatively
189(2)
10.7 Interpreting `with'
191(2)
10.8 Practical steps: Zone 3 - Interpretation
193(2)
11 The Narrative Zone
195(19)
11.1 Narrative and persuasion
198(2)
11.2 Enhancing legal narratology
200(6)
11.3 Narrative bias
206(2)
11.4 Narrating testimony
208(2)
11.5 Understanding and using the narrative
210(1)
11.6 Practical steps: Zone 4 - Narrative
211(3)
12 Ready to dialogue?
214(17)
12.1 A word about dialogue
217(3)
12.2 The lawyer-client dialogue
220(2)
12.3 Assaultive speech
222(3)
12.4 Constitutional dialogue
225(2)
12.5 Practical steps: Zone 5 - Dialogue
227(4)
Index 231
David Cowan, Assistant Professor, School of Law and Criminology, National University of Ireland Maynooth, Ireland and Associate Lecturer in Faculté de droit, Université Catholique de Lyon, France