ILNews

The art of listening

Back to TopCommentsE-mailPrintBookmark and Share

When a client visits attorney John Rowe’s law office, Rowe’s first priority is to figure out what the client wants. That may sound like a simple task, but sometimes he’s got to chip away at the surface to discover the real reason someone needs his assistance.

“Customarily, I’ll ask them what their goals are, what’s on their mind,” he said. “And then we can ask questions based on that to help zero-in more accurately on that which is their underlying concern, which may be what they expressed or it may be something else.”

Rowe and like-minded attorneys say that in order to serve clients effectively, they have to devote their full attention to what their clients say and how they’re saying it. Word choice, intonation and subtle changes in body language may sometimes reveal a truth that an inattentive attorney may miss. And lawyers who understand the distinction between hearing and listening may have an advantage over those who don’t.

Being respectful

Mark Torma, a lawyer with South Bend’s Drendall Law Office, said that he has learned through discussions with other lawyers that people in his profession may not necessarily be putting the client’s needs first.

“All too often, it’s easier to figure out what’s important to you – what’s more profitable, what’s more interesting,” he said.

Torma recently became the interim executive director of the Volunteer Lawyer Network, based in St. Joseph County. He said many pro bono clients, based on their lack of experience interacting with lawyers, may not be able to express the problems they’re trying to solve. But if he doesn’t let them speak freely, the attorney-client relationship may be off to a rocky start.

“If you cut them short, don’t give them time to breathe and tell their story, generally you don’t get as much cooperation from them,” Torma said. “The important thing to do is to pay attention to the value the client gives each of the cases, and that’s not easy to do.”

Rowe shares a similar philosophy.

“What the people are saying and what they mean likely are not the same,” Rowe said. “And unless I listen appropriately and do my best to determine not only what they are saying but what they mean, then my ability to react adequately – to teach or advise depending upon the need – wastes my time and their money,” he said.

Rowe’s office is in Linton, a town of less than 6,000 people, about 30 miles southeast of Terre Haute, and he thinks that may give him an advantage in reading his clients.

“I am very blessed in that my practice is made up of a lot of folks in whose culture I’ve grown up. That is, it’s a rural, agricultural mining community. When they say something, that elicits all sorts of triggers,” he said. “So I think when we use our vocabulary, our body language, it gives me a leg up on understanding what they’re really saying.”

Watching for cues

Skilled communicators understand that a person’s body language may reveal much more than the spoken word. But if you’re not watching for those cues, you may be missing out on important information.

Barnes & Thornburg litigator Jimmie McMillian has witnessed this behavior in depositions.

“I think part of listening is looking at body language, knowing when it seems like the witness seems like they want to provide a little bit more,” McMillian said. “Sometimes, they’ll look down like they’re thinking – and if you’re not looking at them, you don’t realize that they’re actually thinking about whether they should say the next thing.”

In the public setting of a courtroom, visual cues can help an attorney understand what a witness may be withholding, Torma explained.

“I often think that in the courtroom specifically, for both the lawyers and the clients who are often speaking as witnesses, what’s even more important than listening is watching because everyone is very much aware that they are being recorded,” Torma said. “So it’s actually more important to pay attention to what they do when they’re not talking. It’s fairly nerve-wracking for people, so they take some time to process what they’re going to say.”

Going off-script

McMillian said one challenge in questioning people is that they don’t always react as expected. You may have a long list of questions, neatly arranged in the order you prefer to ask them. But making the most of an interview requires flexibility.

“Sometimes it’s hard to bear off that outline and ask good follow-up questions, as opposed to being locked to the outline and being more focused on your next question than the witness’ answer,” he said.

St. Joseph Superior Judge Jenny Pitts Manier has seen in her courtroom examples of both artful questioning and amateur interrogation. In a recent trial, one attorney would question a witness, listen carefully to the response and then follow up with a question that showed he was paying attention.

“It seemed to be the fruit of attentive listening and very useful trial technique – not for just that person’s client, but also the jury,” she said.

In the same case, the opposing counsel asked essentially the same questions, as if he had not been paying attention.

“If one were reading a jury, one might be able to discern a bit of tedium on the part of the jury,” Manier said.

Alienating a jury may not be the best trial tactic, and sometimes it begins early on, before the jury has been chosen.

“I’ve experienced that many years ago in jury selection, where the counsel rising to do voir dire, it was as if he had been in another building,” she said. That attorney, she recalled, had obviously not listened to the questions that had already been asked of the jury pool.

Manier said that “when you call people off the streets out of their lives and ask them to suspend their lives for this process,” the least attorneys can do is be respectful and attentive and not waste jurors’ time by asking them to answer the same questions again and again.

McMillian McMillian

Narrowing your focus

To be attentive – to be in the moment – attorneys can’t engage in multitasking.

“It’s an art to be patient,” McMillian said. “I also think part of being a good listener is being able to clear out all of the other stuff that we as lawyers have cluttering our minds. There’s kind of this pressure today to get onto the next case, the next thing, the next matter, be efficient. There’s this pressure to move extremely fast all the time. And to be a good listener, sometimes you have to clear all of that out. For the next 10 minutes, an hour, whatever it takes, I’m going to look and think and focus solely on you.”•
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I like the concept. Seems like a good idea and really inexpensive to manage.

  2. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  3. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  4. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  5. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

ADVERTISEMENT