The Importance of Active Listening for Young Lawyers

Good communication skills are very important to lawyers.  We typically think of those skills in terms of good writing skills, good speaking skills, and good advocacy skills.  Although those skills are very important and you should strive to perfect them, another very important communication skill is often overlooked.  That is the skill of active listening.

Effective communication is about more than expressing thoughts and opinions.  It often determines how we receive information and interpret the messages of others, and it is necessary to a deeper understanding of another’s thoughts and demonstrating empathy and building connections.

Active listening is critical in many legal practice settings, from interviewing witnesses to negotiating billion dollar deals.  It requires attention to what others are saying — really focused attention — in order to gain information and to develop relationships with the speaker that can benefit you in myriad ways.  When you give your full attention to a speaker, you send a message that what is being said is important and worthy of  your time.

In a recent article, “Unlock the Power of Active Listening,” the writer, Tomer Rozenberg, suggests that active listening also includes involvement with a speaker without judgment and which goes beyond simply hearing words. Active listening also can improve problem solving, by ensuring that you fully comprehend what you are hearing, and can lead to more effective solutions.  And it can cut down on misunderstandings that often are very time consuming.

Recall how annoying it is to be in a conversation with X, who is not listening and is concentrated on other things and other people.  X is scanning the room over your shoulder, clearly not engaged with you, and likely anticipating a next conversation before completing the conversation with you.  Chances are that you form harsh opinions about X, the kind of opinions that you would not want others to form about you.

To avoid that result and develop active listening skills, start your conversations by maintaining eye contact, avoiding interruptions, and responding by paraphrasing what has been said.  An occasional nod or favorable facial expression also can go a long way toward achieving active listening.  My guess is that you are an active listener in conversations with your supervisor or manager because you think your job depends on it.  And you may be right about that.  Most managers and supervisors do not relish repeating themselves because someone is not listening.

Practice active listening in your personal life and move on to conversations in your professional life.  Active listening has no downsides and can be very important for career success and satisfaction.  And don’t you want to use all of the skills available to you to achieve those objectives?

 

 

 

 

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Balancing Lawyering and Caregiving

Being a woman lawyer still presents challenges — even in 2024.  And being a lawyer/mother ups the ante on those challenges.  But, consider how much harder it must be for lawyer/mothers of special needs children.

I recently read an article that addressed those challenges in a way that especially resonated with me.  The title is “Balancing Lawyering and Caregiving in the Sandwich Generation — A Woman’s Perspective.”   As  the  second article in a series, it focused on tips for lawyering and parenting a special needs child.

Even if you do not have to struggle with issues related to caretaking for a special needs child, I encourage you to read the article because of the good, solid practical advice about trying to balance your personal life with your professional life.

In this article, you will not read complaints and testimonials from young women lawyers, who believe that the challenges for lawyer/mothers is the responsibility of employers to solve.   You will not read about lawyer/mothers, who believe that they are entitled to work only between 9 and 5 with no further responsibilities after 5 at night and until 9 the next morning.  You will not read complaints that make you wonder whether those women lawyers understand that the practice of law is a personal services business with the emphasis on client service — because that is the way the profession of law works.

To be clear, I understand the challenges that women lawyers face, but I am confident that women lawyers, including lawyer/mothers, can overcome their challenges without relying completely on others to come to their rescue.  To do that, women lawyers need to be realistic about their responsibilities and know how to take the long view.  They need to access help when they need it to fashion good solutions.  They especially need to remember and respect that they are women — and women have always leaned into the issues and relied on their remarkable flexibility and talent for problem solving.

Don’t get me wrong.  This kind of advocacy from women lawyers does not relieve employers from the responsibility of working with women lawyers toward more flexible schedules and other solutions to make caretaking and lawyering more compatible.  Meeting those challenges will require communication and cooperation and a recognition that both the women lawyers and the law firms have reasonable concerns.

This article includes the kind of advice that helps young lawyers persevere and take tremendous pride in their accomplishments.  It is the same kind of advice that you will find in my books for women lawyers and is at the core of my many speeches to law schools, law firms and law organizations, and it represents the essence of the Best Friends at the Bar program.

Here’s an excerpt from the article:

By embracing flexibility, building a solid support network, prioritizing self-care, advocating for us and our children, delegating tasks, seeking professional guidance, and staying committed to our goals, we can thrive both in and outside our careers. Finally, also remember that our dedication and strength also make us role models for other women navigating similar challenges, which can prove both rewarding and encouraging as we continue to navigate our own paths.

Now, that makes a lot of sense.

 

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Where Do Women Stand in the Practice of Law Today?

As you may be aware, this blog started out in 2009 for women lawyers.  My first three books were for women only, so that made sense.  I am happy to say that the status of women in the legal profession has improved significantly since that time, and I like to think that projects like Best Friends at the Bar and others have helped make that difference.

So, just exactly how are women lawyers faring in the profession today?  Forbes has published an article with some interesting statistics, which I think will interest all of you — even my male readers, who may be married to women lawyers or have women lawyers as members of their teams.  Here are some excerpts, which I found particularly interesting.

Between 2013 and 2023, the Percentage of Female Lawyers Increased From 34% to 39%

Women have been making great strides within the legal field. The percentage of male lawyers declined from 66% to 61% over the past decade as the percentage of female lawyers increased from 34% to 39%.

With women increasingly outpacing men in educational achievement—more females than males earned college degrees according to recent Census data—this comes as no surprise.

27.76% of Law Firm Partners Were Women in 2023 Compared to 20.22% in 2013

Achieving partnership in a law firm is the ultimate goal of many legal professionals, and it is one of the highest levels of professional attainment for those within the legal industry. Women are increasingly reaching this level of professional success.

More than a quarter,27.76%, of all law firm partners were women in 2023. This is a significant increase compared to 2013, when women accounted for just 20.22% of law firm partners across the United States.¹

One-third of Active Court of Appeals, District Court, Magistrate and Bankruptcy judges are women

Women are also playing an increasing role in interpreting the law rather than just practicing the law. Women now make up one-third of all active U.S. judges serving in Courts of Appeals, District Courts, Bankruptcy Courts, and as magistrate judges.

Although these statistics demonstrate significant gains for women lawyers, there is still important work to be done to achieve parity.  For lawyer/mothers, this is particularly true and important for their professional growth.

But we must celebrate success where we find it.  So, bravo to the women behind those statistics!

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Calling All Law Grads Who Want to Skip the Bar Exam

Sitting for a bar exam is a pain.  Almost everyone who has ever done it agrees, and those who do not agree are either certifiable legal geniuses or want you to believe that they aced the exam because they are SO amazing.  But for the rest of us, it is definitely a pain.

But, now you have choices.  In addition to those presented by Wisconsin, which has a state law school graduation exception, other states are adopting alternative requirements for licensure.  Washington and Oregon are the most recent states to eliminate the requirement for bar exam passage in recognition of alternatives like apprentiseships and internships, which arguably present greater opportunities for learning how to practice law.

Washington State is the most recent jurisdiction to present these alternatives to bar passage, doing so last month in March 2024.    Read about it here.  The task force in Washington, which examined the issue, found that the bar exam is “at best minimally effective for ensuring competent lawyers,” and I quite agree.  At most, bar exams reward the powers of memorization, and that is a far cry from preparing competent lawyers.  Passing a bar exam does not put a law school graduate anywhere even close to knowing how to file a motion, represent a client in court, write a contract, negotiate a settlement or myriad other fundamentals that demonstrate competence to practice.

As I have stated before on this blog, I am very familiar with the Wisconsin Diploma Privilege program whereby graduates of the University of Wisconsin Law School or Marquette University Law School are allowed to become licensed without writing a bar exam.  And I know quite a few Wisconsin lawyers.  There is absolutely no argument that the competence of members of the Wisconsin Bar is diminished as a result of Diploma Privilege, and that is apparently why the statute allowing Diploma Privilege has been in existence for almost 100 years.  If it ain’t broke, don’t fix it.

So, as someone who has taken two bar exams and is licensed in both jurisdictions and who falls on the side of REALLY disliking bar exams, I could not be happier to see the alternatives becoming more popular.

 

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Calling All Lawyers Who Want to Skip the Bar Exam

Sitting for a bar exam is a pain.  Almost everyone who has ever done it agrees, and those who do not agree are either certifiable legal geniuses or want you to believe that they aced the exam because they are SO amazing.  But for the rest of us, it is definitely a pain.

But, now you have choices.  In addition to those presented by Wisconsin, which has a state law school graduation exception, other states are adopting alternative requirements for licensure.  Washington and Oregon are the most recent states to eliminate the requirement for bar exam passage in recognition of alternatives like apprentiseships and internships, which arguably present greater opportunities for learning how to practice law.

Washington State is the most recent jurisdiction to present these alternatives to bar passage, doing so last month in March 2024.    Read about it here.  The task force in Washington, which examined the issue, found that the bar exam is “at best minimally effective for ensuring competent lawyers,” and I quite agree.  At most, bar exams reward the powers of memorization, and that is a far cry from preparing competent lawyers.  Passing a bar exam does not put a law school graduate anywhere even close to knowing how to file a motion, represent a client in court, write a contract, negotiate a settlement or myriad other fundamentals that demonstrate competence to practice.

As I have stated before on this blog, I am very familiar with the Wisconsin Diploma Privilege program whereby graduates of the University of Wisconsin Law School or Marquette University Law School are allowed to become licensed without writing a bar exam.  And I know quite a few Wisconsin lawyers.  There is absolutely no argument that the competence of members of the Wisconsin Bar is diminished as a result of Diploma Privilege, and that is apparently why the statute allowing Diploma Privilege has been in existence for almost 100 years.  If it ain’t broke, don’t fix it.

So, as someone who has taken two bar exams and is licensed in both jurisdictions and who falls on the side of REALLY disliking bar exams, I could not be happier to see the alternatives becoming more popular.

 

 

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Learning from History During Women’s History Month

During Women’s History Month, I think it is appropriate to look at how far women lawyers have come since 155 years ago when Arabella Mansfield was the first woman admitted to a state bar.  To understand this history and put it in context, I refer you to “The Truth About Women Litigators” by Anne Redcross Beehler, an article which was included in a recent Holland and Knight law firm newsletter.   You will be interested, I think, and amazed, in some situations, to hear some of what women litigators put up with in the past and how different it is today.

I am one of those litigators, having started in practice in 1979 when there were relatively few women lawyers and when I joined a law firm of 25 men, most of them litigators.  It was a bumpy ride to be sure, but I survived and flourished.  There were not any senior women lawyers there to give me guidance, and I had to figure it out on my own.

However, I do not want any of you to have to figure it all out alone.  Not at all.  I am one of those women lawyers who is comfortable having you stand on my shoulders and who thinks that mentoring young lawyers is my responsibility as a professional.

If you are reluctant to read the article because you are not a litigator, do not let that stop you.  So many of the concepts that you will read about are more important as a matter of gender and not of practice specialty.  They are very transferable into other areas of practice.

That is, with the exception of some experiences in the courtroom.  I doubt that many female transactional lawyers in my day experienced a federal judge address her as “woman, girl or whatever you people want to be called these days.”  And that judge did not stop at one such inappropriate remark.  He must have liked the sound of it because it was a constant theme when I was in his courtroom.  Even when I was winning!

Enjoy the article.  Pay attention to the advice for the future as well as the outrageous stories from the past.  It is the present and the future where you can use your role as an influencer to make a difference that will continue to improve the profession for women.

Vive les femmes!

 

 

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Perfection as the Enemy of Good

I have been writing and lecturing about perfection as the enemy of good for many years.  It was a very important topic of discussion when my work centered on mentoring young women lawyers, but the downfalls of perfectionism are not limited to women.  Men fall victim to perfectionism just as well.

I am a member or the DC Bar and have been for the last 45 years.  I have published in the bar magazine, Washington Lawyer, and I also enjoy the articles there.  One article captioned “The Enemy of Good” caught my attention in the most recent edition.  The author, Denise Perme, starts out this way:

Many [lawyers] suffer an insidious trait that masquerades as a virtue, causing us much pain and, only occasionally, pleasure.  It’s call perfectionism.”  And, as the article makes clear, it can easily become an obsession.  Perfectionism is toxic.

Perfectionism is to be avoided as the “dangerous traitor” it is, which stifles creativity , innovation and progress.  You may be familiar with some of these dangers either because you are a perfectionist or because you know someone who is.

If you see the signs of perfectionism in yourself, do not think it will go away easily.  It will not.  You have to be proactive.  Here is a helpful list of suggestions, which appear at the end of Ms. Perme’s article, for becoming less focused on perfection:

  • Challenge your thoughts and assumptions.  Catch yourself when you are [overreacting], examine the evidence, and do a reality check about the validity of your fears;
  • Replace negative self-talk with something positive [like], “You know you can do it; it does not have to be perfect.  There is a reason they trust you to write this”;
  • Do some “exposure therapy” by allowing yourself to have small failures. … Send an email that you know has a typo;
  • Find other sources of self worth outside of work [like] regular exercise, sports, or an art class;
  • Talk to people you trust and who can talk you down.  It is important to have a sounding board; and
  • Engage collaboratively with colleagues so you aren’t carrying the whole weight of the “perfect” on your shoulders.

Be aware.  Perfectionism is sneaky and gets out of control easily.  Don’t let it control you.

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This Big Law Policy about WFH May be Coming Your Way

There are many divergent policies among law firms about the requirements for attorneys to be present in the office.  The days of the pandemic are behind us, fortunately, and the justifications of individual attorneys for working from home (WFH) are no longer as relevant as they were during the period of public health concerns.   However, the justifications for in-office presence, which have been made by law firms, are likewise diminished to some degree by the high profits that were reported by law firms during the pandemic and periods of almost 100% WFH.

So, it is complicated.  What is not complicated is the frustration level of law firms, and the measures they are adopting to get law firm practice back in the office.

Here is a recent example of that frustration on the part of a Top 50 Biglaw firm.  It is interesting reading and may be a harbinger of things to come.  If so, you need to be aware of the policies and the pitfalls.

Hopefully, the pendulum will swing in such a way that reaches a reasonable compromise that will benefit both law firms and practicing lawyers.

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