27 February, 2024
Transition from law school to real world
Without question, there is a steep learning curve between law school and the real-life practice of law. Gone are the fictional fact patterns, which are replaced by real individuals with real problems and real opposing sides. The unyielding preoccupation with legal principles and legal theory will oftentimes take a backseat to practical, economical, and results-driven approaches.
While oral advocacy in moots is as central to law school as the seemingly endless list of weekly case law readings, out-of-court client communication is not an area that is given much focus. However, this skill is ground zero for the makings of an effective and efficient lawyer. Indeed, without an astute mastery of client communication, one may face great difficulty in establishing a foothold in the client-driven business that is the private practice of law.
Despite this, once students are out of law school and are in the process of completing their articling term, it is still often the case that they don’t get adequate client-facing experience. Much of the work completed by students is limited to “behind-the-scenes” functions, such as drafting motion records, assembling the evidence of the case or the classic research memorandums. Practical, “live-action” opportunities, such as client meetings and courtroom advocacy, are oftentimes experienced by students through the lens of the shadowing observer who is there to quietly take in the proceedings. While that is a critical prerequisite that is unquestionably required for effective advocacy, the training wheels need to come off at some point.
How to navigate client communication as a student
Law firms that provide their students the opportunity to take the lead in client meetings will ultimately equip them to be more skilled and confident lawyers when it is time to transition into associate life. Persuasive communication is honed and mastered through repetition followed by more repetition. This is particularly true when the application of that skill involves distilling complicated legal principles into plain language for a client who more than likely has never dealt with the legal issues facing them.
Remember, the first step of a viable case strategy is not to explain to the judge that the argument you want to make is the correct one, but rather to understand the legal situation your client is faced with and make recommendations to them about the best possible course(s) of action based on the circumstances that are potentially in play. Unlike many of the fact patterns one comes across in a law school exam, the goal of the exercise is best achieved not by citing legal authority on top of legal authority, but rather by keeping things clear, straightforward, and to the point. Your client’s time is important, so it is advisable to deliver potential solutions in the most time-and-cost-effective manner. In addition, the more clearly you put things to your client, the more likely it is that they will put their trust and confidence in you.
Lastly, unlike a law school hypothetical, you must go beyond a strictly analytical dissection of the matter before you. Sometimes clients will require that extra measure of support, empathy, and understanding. In short, you need to apply the “human touch” to your client interactions. Identifying the needs and communication style of your client is key to ensuring a symbiotic lawyer-client relationship.
My Experience
Harrison Pensa trusts its students to capitalize on these opportunities when they arise, which I’ve experienced first-hand. During my time at Harrison Pensa as a summer student and now as an articling student, I have met one-on-one with clients involved in family law and civil litigation matters to prepare their case strategy. No meeting was a carbon copy of the other. However, there are roughly three general types of client meetings that I picked up on from my experience. The first category involves a meeting in which the client looked to me to do most of the talking and walk them through the process. The second category is the one in which there is a more balanced conversation in which I laid out a potential plan of action and then feedback was bounced back and forth to flesh out the strategic direction of the case. Lastly, there are the meetings in which the client did most of the talking and walked me through their side of the situation, while my role primarily consisted of being the listener and information-gatherer.
These experiences sharpened my understanding of what it takes to work in tandem with clients and the importance of managing outcome expectations and different types of personalities. Whether you are interested in pursuing a career as a litigator or as a solicitor, I encourage you to always seek out opportunities during your articling term that build up your grasp of effective client communication. At the end of the day, regardless of which area of law you decide to pursue, the one common denominator that drives business for all lawyers is “the client.” Without a satisfied client base, there is no business to be driven.
Image credit: ©Thawatchai Images – stock.adobe.com
Raz Moldovan completed his articles at Harrison Pensa LLP.
