News
Law Practice
Aug. 1, 2002
Communication 101
Dicta Column - By Betty Morris - "Communication," as defined by the Encarta Dictionary, is the exchange of information between individuals. It seems so easy to do, but in practice lawyers and secretaries sometimes have trouble understanding each other.
Dicta Column
By Betty Morris
"Communication," as defined by the Encarta Dictionary, is the exchange of information between individuals. It seems so easy to do, but in practice lawyers and secretaries sometimes have trouble understanding each other.
In a perfect world, every attorney would behave like the thoroughly prepared Perry Mason, knowing exactly what is required to achieve his or her precisely defined goals. And each secretary would have perfect intuition and know instinctively which forms or documents are necessary and precisely how they need to be filled out.
The real world, however, is not that simple. Most attorneys have no problem identifying their goals. However, the journey from start to finish is usually marked by detours, speed bumps and U-turns. Depending on the personalities of the attorney and secretary handling the case, this journey can either be a scenic route where every delay is seen as an opportunity to check the maps or as a roller coaster ride from hell.
These are some ways that attorneys can enhance their communication skills:
• Discuss the case in advance. Provide your secretary with enough information to understand both your plans and the opposing counsel's position. Special emphasis should be placed on time frames and important deadlines. Also, just in case the situation takes a turn southward, have a contingency plan in mind and share it with your secretary.
• Keep your secretary current on the status of the case. For example, let your secretary know if you are negotiating a settlement. If you are drafting a motion to compel, make sure you both know the last day to file. If you anticipate calling 47 witnesses plus experts at trial, give your secretary advance notice so that contact lists with current phone numbers and applicable fees can be completed long before subpoena preparation.
• Share important information. If you are relying on a statute or case, consider giving experienced secretaries the citation. He or she can often find critical information that is hidden in a subsection or footnote which may provide time limitation information about which you and your secretary need to be aware. Also, advise your secretary of any variations in the local rules or a particular judge's preferences which would affect filing requirements.
• Editorial license and presentation. From the first day he or she works for you, your secretary should be informed of whether or not you welcome any grammatical changes made to your work product. Also, make sure you review how you would like documents formatted and presented. Remember that secretaries are not mind readers and that the more you communicate your preferences to them, the better satisfied you will be with the final work product.
• Time Management. If you share your secretary with other attorneys, advise him or her of your impending jobs in advance. There is nothing quite as stressful as having a half-dozen projects appear at 3:30 p.m., all of which must be faxed, express mailed, filed or otherwise out the door before 5 p.m. Such consideration might just get your project to the top of the secretary's "to do" list.
If your document requires the secretary to copy attachments or exhibits, the sooner you hand them over, the better. Contrary to what you might think, secretaries are not forming rumba lines down the hall between 4 p.m. and 5 p.m. every day. They are waiting to get to the copy machine.
• Be approachable. Secretaries should always feel free to approach you and ask a question. If your handwriting resembles that of a physician writing a prescription, anticipate that you will need to clarify it. Also, your secretary should feel welcome to ask you things such as whether you want the attachments going to all parties. Do you really want to fax a 35 page document, or should you consider overnight mail?
Finally, remember that the bearer of bad news does not bear responsibility for unwanted information. Otherwise, the stack of dead bodies outside your office door will merely create a reluctance on everyone's else's part to tell you anything. Follow-up questions are fine, but don't interrogate your secretary like he or she is a hostile witness.
Betty Morris, a 25-year legal secretary with Landegger & Baron in Encino, can be reached at felinity_91311@yahoo.com.
By Betty Morris
"Communication," as defined by the Encarta Dictionary, is the exchange of information between individuals. It seems so easy to do, but in practice lawyers and secretaries sometimes have trouble understanding each other.
In a perfect world, every attorney would behave like the thoroughly prepared Perry Mason, knowing exactly what is required to achieve his or her precisely defined goals. And each secretary would have perfect intuition and know instinctively which forms or documents are necessary and precisely how they need to be filled out.
The real world, however, is not that simple. Most attorneys have no problem identifying their goals. However, the journey from start to finish is usually marked by detours, speed bumps and U-turns. Depending on the personalities of the attorney and secretary handling the case, this journey can either be a scenic route where every delay is seen as an opportunity to check the maps or as a roller coaster ride from hell.
These are some ways that attorneys can enhance their communication skills:
• Discuss the case in advance. Provide your secretary with enough information to understand both your plans and the opposing counsel's position. Special emphasis should be placed on time frames and important deadlines. Also, just in case the situation takes a turn southward, have a contingency plan in mind and share it with your secretary.
• Keep your secretary current on the status of the case. For example, let your secretary know if you are negotiating a settlement. If you are drafting a motion to compel, make sure you both know the last day to file. If you anticipate calling 47 witnesses plus experts at trial, give your secretary advance notice so that contact lists with current phone numbers and applicable fees can be completed long before subpoena preparation.
• Share important information. If you are relying on a statute or case, consider giving experienced secretaries the citation. He or she can often find critical information that is hidden in a subsection or footnote which may provide time limitation information about which you and your secretary need to be aware. Also, advise your secretary of any variations in the local rules or a particular judge's preferences which would affect filing requirements.
• Editorial license and presentation. From the first day he or she works for you, your secretary should be informed of whether or not you welcome any grammatical changes made to your work product. Also, make sure you review how you would like documents formatted and presented. Remember that secretaries are not mind readers and that the more you communicate your preferences to them, the better satisfied you will be with the final work product.
• Time Management. If you share your secretary with other attorneys, advise him or her of your impending jobs in advance. There is nothing quite as stressful as having a half-dozen projects appear at 3:30 p.m., all of which must be faxed, express mailed, filed or otherwise out the door before 5 p.m. Such consideration might just get your project to the top of the secretary's "to do" list.
If your document requires the secretary to copy attachments or exhibits, the sooner you hand them over, the better. Contrary to what you might think, secretaries are not forming rumba lines down the hall between 4 p.m. and 5 p.m. every day. They are waiting to get to the copy machine.
• Be approachable. Secretaries should always feel free to approach you and ask a question. If your handwriting resembles that of a physician writing a prescription, anticipate that you will need to clarify it. Also, your secretary should feel welcome to ask you things such as whether you want the attachments going to all parties. Do you really want to fax a 35 page document, or should you consider overnight mail?
Finally, remember that the bearer of bad news does not bear responsibility for unwanted information. Otherwise, the stack of dead bodies outside your office door will merely create a reluctance on everyone's else's part to tell you anything. Follow-up questions are fine, but don't interrogate your secretary like he or she is a hostile witness.
Betty Morris, a 25-year legal secretary with Landegger & Baron in Encino, can be reached at felinity_91311@yahoo.com.
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