In November, I’m presenting to law students about plain language and the importance of good communication. As always when preparing for a presentation, my first consideration is ‘who is my audience’ and ‘how best can I deliver my message to this audience’. In this circumstance, who my audience is and the impact on their communications has become the message.
The majority of these students will be in their mid to late 20s: Millennials on the upper end and Generation Z on the lower end. In the 20 years since I graduated with my fellow Gen Xers, communication channels, styles, preferences and expectations have changed. There are now at least four generations (don’t forget the Boomers) of lawyers to work with and clients to serve.
Why is it important for students to learn about the importance of good communications? For one thing, poor communications is a leading cause of professional liability claims against lawyers. See my previous Slaw post, “The Potential for Reducing Claims with Plain Language”, on the value of clear, plain language communications.
What generational impact do students need to keep in mind when it comes to good communication with their fellow lawyers and their clients? The article, “Enhancing Intergenerational Communication: Bridging the Gap in Global and Dispersed Teams[i]”, summarizes the differences as follows:
- Baby Boomers, born between 1946 and 1964, were influenced by radio, black and white TV, and conversations around the dinner table. They tend to favor auditory interactions, such as in-person meetings or phone calls, where the nuances of voice and a personal connection can convey sincerity and commitment.
- Generation X, those born between 1965 and 1980, were influenced by color TV, magazines, and (to some extent) early video games. They show a preference for visual communication and learning and appreciate clear, concise presentations and documents that allow them to grasp how things work quickly, reflecting their pragmatic approach to problem-solving.
- Millennials, born between 1981 and 1996, grew up in a more digitally connected world, which is reflected in their communication preferences. They often prefer text and instant messaging for their convenience and ability to facilitate quick, collaborative exchanges.
- Generation Z, born 1997 and 2012, having been immersed in digital technology from a young age, tends to favor the fastest communication methods available. This often translates to brief, direct messages or digital platforms that support quick, relevant bursts of thought.
As noted in the article “Addressing Communication Styles Across Different Generations[ii]”, these generational differences mean:
- 89% of Millennials prefer text messages and instant messaging platforms for communications – only 2% prefer traditional telephone calls.
- 68% of Boomers prefer in-person conversations.
Second, a generation’s preferred method of communication, such as texting, may not always be best for a legal practice. I’ve summarized a few concerns raised by the Law Society of Alberta in Law Practice Essential, “6.12: Effective Communication Part II – Managing and Documenting the File[iii]”:
Text messaging may:
- Be more difficult to save to the client file. There must be a system in place to keep a record of the communications for the file, particularly client instructions.
- Not be appropriate for conveying subtle legal information. Text messages are short and may lead to less formal communications with the client than required.
- Lead the client to expect immediate or too frequent responses. This could impact a lawyer’s work-life balance and unnecessarily increase the client’s costs.
Third, a lawyer may need to adapt their communications style based on the audience and move out of their communications comfort zone. In-person or telephone conversations may be best for certain situations and individuals. See for example, the LAWPRO article, “Communicating Like Its 1876: The Continuing Importance of Telephone Skills for Lawyers[iv]”. The article provides useful tips on when best to use the telephone such as:
- When the client prefers phone calls;
- Delivering bad news;
- Scheduling and other non-substantive matters;
- Asking for favours and addressing outstanding accounts; and
- Putting the brakes on as escalating conflict.
It also provides an overview of six bad telephone habits and how to fix them.
Being aware and appreciative of the generational differences and being flexible in your approach could lead to more effective communications and fewer claims. Most importantly, an early conversation with clients and other lawyers about each other’s preferences and expectations may avoid trouble down the road.
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[i] BerkeleyExecEd, “Enhancing Intergenerational Communication: Bridging the Gap in Global and Dispersed Teams” online: http://exective.berkeley.edu/thought-leadership/blog/enhancing-intergenerational-communication.
[ii] Vorecol, “Addressing Communication Styles Across Different Generations”: online: https://vorecol.com/blogs/blog-addressing-communication-styles-across-different-generations-9992#:~:text=Moreover%2C%20research%20by%20Harvard%20Business,video%20rather%20than%20read%20text.
[iii] Law Society of Alberta, “Effective Communication Part II – Managing and Documenting the File” online: https://learningcentre.lawsociety.ab.ca/mod/page/view.php?id=207.
[iv] PracticePRO, Communicating Like Its 1876: The Continuing Importance of Telephone Skills for Lawyers”, online: https://www.practicepro.ca/2020/02/communicating-like-its-1876-the-continuing-importance-of-telephone-skills-for-lawyers/.
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