Effective Feedback: A Cultural Perspective, Study notes of Law

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Professional &

Personal Development

Developed by

3. Legal literature and secondary sources
4. Abbreviations
5. Citations
6. Definitions
7. Process of legal research
8. Legal research resources and databases online research
9. Refining the question, testing your answer
10. Forms and precedents
11. Checking for updates to law
12. Taking notes

CHAPTER 5: INTRODUCTION TO LEGAL WRITING

1. Fundamentals of good writing
2. Outlining
3. Importance of proof reading
4. Interpreting contracts
5. Overview of drafting contracts
6. Use language consistently
7. Use active language
8. Obligation, discretion or power?
9. Shall – obligation or intention?
10. May – always a power or discretion?
11. Calculations and adjustments
12. Drafting for remedies
13. Most modern drafting amendment
14. Writing and presenting legal advice
15. Persuasive writing
16. Understanding legal jargon and when to use It
17. Overview of drafting legal memoranda

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T A B L E O F C O N T E N T S

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CHAPTER 6: ETHICS

1. What are codes of conduct, who and what they govern
2. Conflicts of interest
3. Advocacy
4. Truthfulness
5. Right to practise
6. Business development and advertising
7. Competence and continuing legal education
8. Responsibilities of a subordinate lawyer

CHAPTER 7: PERSONAL MANAGEMENT

1. Understanding your role and responsibilities as well as those for whom you work
2. Clarifying expectations
3. Giving and receiving feedback
4. Delivering bad news
5. How to give feedback to clients from other cultures
6. Conflicting priorities

CHAPTER 8: DEVELOPING A PROFESSIONAL DEVELOPMENT PLAN

1. What does a PDP help you achieve?
2. How to complete your PDP
3. Finding a mentor
4. Networking
5. Getting into the right career ‘mindset’ is important

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T A B L E O F C O N T E N T S

5

1. WHAT IS A PERSONAL BRAND AND WHY IT MATTERS

A brand is a unique design, sign, symbol, words or a combination of these, employed in creating an image that identifies a product and differentiates it from its competitors. Over time, this brand becomes associated with a level of credibility, quality, and satisfaction in the consumer’s mind. Thus, brands help harried consumers in the crowded and complex marketplace, by standing for certain benefits and value.

When we talk about «personal branding» we are referring to establishing and promoting what you, as an individual, stand for. Your personal brand is the unique combination of skills and experiences that make you, you. Effective personal branding will differentiate you from other professionals in your field.

Just like law firms, companies and organisations, people also have brands.

Personal branding is the ongoing process of establishing a prescribed image or impression in the mind of others about an individual. Your brand is a perception or emotion, maintained by somebody other than you, that describes the total experience of having a relationship with you.

Building a personal brand helps you build credibility, trust and worth. It also helps you stand out from the crowd and influence others. It is a way of defining ourselves and what we want to be known for. Thinking of yourself as brand is useful because it forces you to assess how you are currently perceived, and whether is in alignment with how you want or need to be perceived in order for your career to develop.

It should be noted that personal branding is not superficial packaging, a statement or a snappy slogan. Instead, personal branding is:

• An emotion that you invoke in others (and yourself!)
• Based on your values
• Authentic
• Consistent
• Relevant to others

And remember:

• It may evolve over time

This last point is important because your brand will need to adapt to your changing job roles and goals as your career progresses (see also Module 8, Building a Professional Development Plan).

PERSONAL BRANDING AND PRESENTATION

PERSONAL BRANDING AND PRESENTATION

2. CONVEYING YOUR PERSONAL BRAND

Many of us do not realise that how we present ourselves has a direct influence on both our own - and our law firm or company’s - reputation and standing.

You are a brand ambassador - you need to consider what you want people to think and feel about you and your company or firm.

The first thing to understand is that humans are not rational. Instead, we make emotional choices for the vast majority of the time. Despite the fact that almost all of us believe we make rational decisions, we are in fact running on auto-pilot - behaving, for the most part, in a reactive way.

When we meet someone for the first time, within seconds, we have already subconsciously analysed that person and assigned to them underlying motives, social status, personality traits, even psychological states. All this from nothing but their appearance.

In the same way that consumer brands such as Coca Cola, Colgate and McDonalds guard their image very carefully, so do leading law firms in the city of London; New York and across the world. Individual lawyers need to do the same, taking your appearance seriously and thinking about how you are likely to be perceived.

This perception is not uniform. People will see you differently depending on your position, location and profession, so remember that this will change over time, and depending on where you are – even within the same city. To the same extent, business dress and behaviour in Plateau, Abidjan will differ from Zone 4, Ivory Coast and Westlands in Nairobi, Kenya will be different from Tom Mboya Avenue, Kenya.

For a more detailed discussion of the cultural context surrounding perception, please refer to Module 2, Communication Skills.

3. IDENTIFYING YOUR UNIQUE SELLING PROPOSITION (USP)

In marketing, a USP is sometimes simply called your “proposition”. It is the key promise that your brand offers. Like a brand, this concept can be applied to firms, companies, organizations and individuals.

A recent study in the U.S. published in the Journal of Applied Psychology claims that when it comes to salaries every inch a person is tall may be worth, on an average, just under 800 dollars per year more. Thus, over a 30-year career, if you are six feet tall you will likely earn $166,000 more than someone who is five feet five inches tall – just for being taller.

In Malcolm Gladwell’s book Blink, he cites that less than 15% of all U.S. men are six feet or over. But nearly 60% of CEOs are over six foot tall.

right now because you are engaged in reading this, but out there, in the midst of everyday living, we do not do this. We usually jump to conclusions about people based on their appearance. This is because we are using a different ‘system’ of the brain.

In Daniel Kahneman’s book, Thinking, Fast & Slow, he describes two different ways the brain forms thoughts:

System 1 thinking: This is fast, automatic, frequent, emotional, stereotypic, and unconscious. Examples of what System 1 can do include: display disgust when seeing a gruesome image; solve 2+2 = ?; read a text on a billboard; drive a car on an empty road; and understand simple sentences.

System 2 thinking: This is slow, effortful, infrequent, logical, calculating, and conscious. Examples of what System 2 can do include: look out for the woman with the grey hair; dig into your memory to recognise a sound; and determine the appropriateness of a behaviour in a social setting.

System 1 thinking leads us to form judgements, associations, jump to conclusions, believe that what we see is all there is. The problem is that we use System 1 99% of the time, even though we might think we are not – and System 1 thinking is used to form first impressions. We make snap decisions about people according to what they look like (height, attractiveness, etc.), how they dress, their grooming, etc.; the more similar they are to us, and the more they conform to our ways of doing and saying things, the more we are likely to like them, and to trust them - at least, initially.

PERSONAL BRANDING AND PRESENTATION

4.2 Understanding system 1 thinking and the effect of first impressions

First impressions are based on using System 1 thinking. Humans create assumptions about others based on quick, emotional judgments. These are prone to error because of the speed within which the judgment is made prevents reflection and emotion clouds reason. Yet first impressions are unavoidable, so we need to make them work to our advantage when trying to make a good first impression.

To make a good first impression, there are several things to consider including:

• Your facial expression – smiling and welcoming
• Your posture – upright and straight but not rigid
• Eye contact – direct but not confrontational or staring

PERSONAL BRANDING AND PRESENTATION

• Your handshake – firm but not crushing, and never wet or greasy
• Your voice – speak slowly and clearly at an appropriate, moderated volume
• Introducing yourself – clearly and succinctly
• Asking questions – concise, to the point and relevant, not rambling and incoherent
• Dressing – dress appropriately for your profession and location: an agbada or djellaba may be correct and appropriate for lawyers in some cities across the continent, but they will look out of place in others. Research what the norms are, and how they vary even in different parts of the same town.

If first impressions are based on using System 1 thinking, then you need to understand what emotions and feelings your brand is going to create in people’s minds. You also need to think about how you can effectively convey your brand from the instant you meet or come into contact with someone.

4.3 Credibility

Credibility is the quality, capability, or power to elicit belief. It is also the cornerstone of persuasion. That’s because when others see you as credible, they’re more likely to commit time or resources to your idea or proposal. By increasing your credibility, you will necessarily bolster your own personal brand.

You establish your credibility on two fronts:

You as a person: Credible people are seen by others as believable, trustworthy, sincere, and well informed about their ideas. For example, you will be credible if you show that you understand all the implications of a new strategy or approach you’re recommending. Your past actions build on this and show that you consistently and thoroughly research your ideas before presenting them.

Your ideas: Credible ideas are sound and reasonable. For example, the idea you have for a new offering should make sense, given current market conditions and your organization’s or your client’s business strategy.

For you and your ideas to be seen as credible, you need to earn others’ trust and establish your expertise. You can think of credibility in terms of this formula:

Credibility = Trust + Expertise

The more trust you earn and the more expertise you establish, the more credible you and your ideas become — and the more persuasive you can be.

PERSONAL BRANDING AND PRESENTATION

• Talk explicitly about your intentions: Discuss what’s important to you, what your goals are, and what values and motives guide your actions and decisions. Relying on others to guess what’s in your head and heart won’t help you build the trust you need to be seen as credible.
• Demonstrate your integrity: Fulfil any promises you make and be sure that your actions match your words. For instance, if you often say that you think people should help each other whenever possible, then make sure you actively support others in need.
• Be consistent: Avoid acting in ways that conflict with your character and personality—the individual that others have come to see you as. If you behave in inconsistent ways, others may be confused and start wondering whether you have the right intentions.

4.3.2 Expertise

People will trust you if you are seen to be an expert in a certain area or areas. Others will see you as having expertise when you are clearly knowledgeable about your ideas, make reasonable judgment calls, and accumulate a history of successes. But establishing your expertise isn’t something you do only when you have a specific goal in mind. Instead, you need to do so on an ongoing basis when opportunities arise.

Here are some ideas to help establish your expertise:

• Research your ideas: Say you propose bringing back the manufacturing of a product part from an overseas plant to your organization’s home country. You know that this could raise costs in the short run but will improve quality and thus boost sales and your organization’s reputation in the long run. You talk with people inside and outside the client’s organization (within the limits of confidentiality – see the Module on Ethics). You also review articles and research reports. Through these means, you learn as much as you can about the pros and cons of your idea.
• Get first-hand experience: For example, you could ask to be assigned to a team that works specifically within the client’s industry sector.
• Cite trusted sources: Back your position with information and knowledge gained from respected business or trade websites, independent research organizations, periodicals, books, independently produced reports, lectures, blogs, and experts within and outside your organization.
• Gather endorsements: Cite accolades you’ve won for work related to your proposal—including, for example, an award you received for a supply chain design project you completed. Note: Be diplomatic in your self-promotion to avoid seeming arrogant or boastful. For instance, to project humility when showing someone a letter of praise you received, you say, “I was surprised and humbled to get this the other day,” not “looks like I’m the best at this.”
• Make your credentials known: Let people know about an advanced degree you earned and specialized experience you’ve had that’s relevant to your idea, even though it was in another industry. Relate this information to others who have any influence or stake in your proposals.

5. UNDERSTANDING BIASES

There are certain unconscious biases that can affect the way people perceive, and that you should be aware. Three biases to be aware of are:praise you received, you say, “I was surprised and humbled to get this the other day,” not “looks like I’m the best at this.”

5.1 Horns or Halo effect

When dealing with difficult people and conflict, one bias worth noting is called the “Horns and Halo” effect. This is the tendency to like (“Halo) or dislike (“Horns”) everything about a person

• including things you’ve not observed firsthand – based simply on your overall impression of someone. Here, impulsive, emotional System 1 thinking is clouding reflective, analytical System 2 thinking and is sometimes known as “confirmation bias” – everything you see goes to prove the one thing you know about someone.

For example, you have a direct junior who is very enthusiastic, and enthusiasm is really important to you. In their annual appraisal, you allow your entire evaluation to be influenced by this one positive characteristic, even when the person is less competent in a lot of other areas. Here, one positive trait acts as a “halo” around the person and protects them from any negative impression.

The “horns” effect works the other way – this is where there’s one-character trait you don’t like about someone and then you start linking other traits you dislike – and only things you dislike – to that person. For example; imagine you can’t stand people who are habitually late. Therefore, you develop an overall negative view of an individual who is often late, despite the fact that their work and output is exemplary. Here, their timekeeping clouds the entire view you have of the person. Consequently, if the person then disagrees with you one time, they may become marked as “stubborn” in your mind; or if they occasionally make a light-hearted comment, they may be permanently branded as “frivolous”. Here, every possible fault is hooked on the “horns” of one single failing.

5.2 Priming

Priming causes us to form an impression that we then use to interpret new information. It can be a product of excessive caution and something to which lawyers in general are prone. To give you an example of how this can work: you might meet with someone who has a reputation for being difficult in meetings and playing mind-games. In anticipation of the meeting you think through all the various ways you would cope with this person’s games. But once in the meeting, the person was perfectly civil and straight-talking, but you had worked yourself into such a state that you came across as aggressive yourself, completely reversing the situation.

It is important to remember when approaching people with a reputation (good or bad) that not every reputation is founded in fact. As we have seen already with our examples of System 1 and System 2 thinking, we need to keep an open mind when we meet people, and base our opinion of them on the information we gather ourselves and which we analyse calmly and reflectively.

PERSONAL BRANDING AND PRESENTATION

will be better if you have clearly considered the message that you want or need to convey, and how best to convey it to your audience. These two pieces of information drive your style, structure, content, and use of visual aids.

You also need to think about how you run meetings in a way that reflects your brand. To run an effective meeting, you’ll need to plan ahead, know what you want to achieve, and create an agenda, all of which must be aligned with your brand. As you talk through your speech, you should think about words, expressions and body language that will best reflect your brand whilst remaining consistent with the overall context (for example, is it a regular internal department meeting, an informal off-site teambuilding event, or a major conference at which both colleagues and clients are present?).

Remember that if you work for a firm or a company, your presentation will primarily be aligned with that organisation’s brand – in terms of content, theme, the look of any slides and promotional material etc. But beyond that, you are free to develop your personal brand. This is relevant both for presentations within your employer (such as in-house seminars) and also for external events (such as conferences, speeches etc). Any event with an audience is a window display to your brand. Make sure it is shown off to the best of your ability – you never know who will be looking in!

Chapter Summary

As this chapter has shown, you must take charge of how you come across to others and be aware, and in control, of the messages that you are communicating to others. If you do not control these messages, others will be in control of how you are perceived which may be detrimental to your image and reputation, and to that of your firm.

Your personal brand encompasses every touch point you have with clients and colleagues, including the emails you write, the speeches you give, the meetings you attend and run, and the reports you write. Your behaviour, everything you say and write, your body language and how you dress, all needs to be considered and should be consistent with your brand.

PERSONAL BRANDING AND PRESENTATION

Key Learning Objectives

By the completion of this module; lawyers should be able to:

• Communicate internally and externally
• Understand how we communicate
• Formulate effective written and oral communication
• Listen effectively
• Be assertive
• Understand the role of culture in shaping the style of communication

INTRODUCTION TO COMMUNICATION SKILLS

CHAPTER 2

Whether we are speaking, writing or saying nothing, we are communicating. The questions you ask, the way you listen, and the messages your body language sends must all be considered in order to develop excellent communication skills, build relationships and trust with others.

2. HOW WE COMMUNICATE

The majority of our communication is not in the words we say, but through our body language. In fact, body language can say more about your message than words or tone of voice.

When someone puts forward a message concerning their feelings, according to psychologist Albert Mehrabian, three elements account for whether this message is believed: words account for 7%; tone of voice accounts for 38%; and body language accounts for 55% of the liking. Source: Mehrabian, Albert (1971). Silent Messages (1st ed.).

Therefore, body language is important.

Impactful body language to use:

1. Sit up straight – lean in
2. Look at the person speaking
3. Actively engage – put away your phone & laptop
4. Make eye contact
5. If seated, keep hands still and folded in lap
6. Nodding also indicates listening and says ‘I understand you’

Body language to avoid includes:

• When sitting, wagging your foot or knees, as does fidgeting – suggests impatience.
• Crossing your arms is a defensive stance.
• Looking down or away or worst of all at your watch says, ‘You’re not interesting’.
• Touching the ear suggests dishonesty.
• Too much touching of the face says, ‘I’m nervous’.
• When standing, putting your hands behind the back says, ‘I’m hiding something’.
• When standing, avoid holding a folder or drink in front of you as this creates a barrier – instead, hold it to one side.

3. WRITTEN AND ORAL COMMUNICATION

All communication, both written and oral, will reflect on your personal brand.

3.1 Written communication

INTRODUCTION TO COMMUNICATION SKILLS

3.1.1 Emails

A great deal of communication today is undertaken via email. Before sending an email, you should ask yourself three questions:

• Why am I sending this email?
• What do I need from the recipient?
• What do I want the recipient to think about me - how will this email affect my personal brand?

Sending emails requires a different skillset to sending a letter. There are several considerations to take into account when writing an email.

(i) Put the main point or question up front

First, it is important to realise that people typically skim or scan emails. As such, after the greeting, make sure to put your main point or question in the opening sentence.

(ii) Be concise and pithy

Second, try to avoid writing long blocks of text. If your message runs longer than five to six sentences, consider (a) reducing the message or (b) providing an attachment.

To keep your emails short, delete unnecessary words – cut every sentence down to be as short as it can be. Further, make each email you send about one subject only. If you need to communicate about another subject, write another email.

Bullet points may also help people who are scanning or skimming your emails.

(iii) Avoid angry emails

It is tempting when we are annoyed or angry to send an email to the person we are in conflict with, but you should always avoid conducting arguments or conflicts over email. Because others cannot see our body language or hear the tone of our voice, it is very easy to misinterpret the written word. For this reason, don’t use ALL CAPITALS, as in emails etiquette this is seen as shouting.

If a message you have received offends you, calm down before responding to the message. When you do respond, avoid negative words and blaming statements as much as possible. In fact, there will be times when a phone call is better suited to smooth things over.

In addition, never criticise anyone, via email, to a colleague or friend – it is amazing how many emails are sent in error to the wrong person. Think that everything that comes out of your computer is something that can come back to you.

(iv) Respond in a timely manner

INTRODUCTION TO COMMUNICATION SKILLS