Confidential communications include statements (oral, written or non-verbal) made in confidence between two individuals who trust each other and believe that the communication will remain confidential. Examples of this type of communication are conversations between a married couple, a doctor and a patient, and a lawyer and his client. These conversations are legally recognized as private and protected from disclosure, unless either party waives such protection. By developing superior written, oral and non-verbal communication skills, in-house counsel can improve their performance, advance their departments` operations and contribute more to their organization`s bottom line. The main consumers of written communications of in-house counsel are business colleagues who may lack legal training. Therefore, in-house counsel should include and properly use terms familiar to business colleagues, such as established organizational acronyms, industry terms, and common business and financial terms. They should also tailor their communications to the sophistication, size and location of the audience, and include brief but informative summaries, such as advice and recommendations from in-house counsel. You should also create messages that are as short as possible without losing completeness or accuracy. On the other hand, ineffective communication practices for in-house counsel can impede the development of strong and functional relationships with clients and peers, harm the interests of the company and waste valuable business opportunities, expose legal advice to unwanted disclosures, and cause misunderstandings, responsibilities and cost inefficiencies.

Be open with your customer and explain things in detail. Ask other questions to make sure your explanations are understood. Pay attention to verbal and non-verbal language to determine comprehension. If you think there are doubts, try again. Understand that when customers are in an emotional state, it is more difficult for them to understand complex information. An offer may be revoked by the supplier until it has been accepted by the recipient. To be officially revoked, the revocation of the offer must be declared to the addressee, but may be pronounced by a person other than the supplier. If the offer was for a sale item after the recipient was informed that the item had been sold to someone else, it is an unspoken message that the offer has been revoked and it is now too late to accept it. What could be the cause of this ongoing verbal abuse? Adam Eakman, author of “Six Usage Mistakes Common in Legal Writing and Why They Matter” in the current Scribes Journal of Legal Writing, offers a possible clue: Judge.

He writes, “When judges use verbally, they almost always mean orally.” He found more than 4,000 opinions of federal judges alone that related to a “verbal agreement.” “In most of these cases, the judge meant a verbal agreement. In the truest sense of the word, of course, all agreements are oral (written or oral), unless they are implicit in fact or law. I didn`t look for a word to get the opinions of the Michigan Supreme Court. I am convinced that the experienced drafters in the office of the rapporteur of decisions would not allow verbal abuse to be printed. But court-related agencies have slipped at times. Last year, Judicial Information Services, the IT arm of the Michigan Supreme Court, issued a tender for a SQL application developer who can “communicate effectively both orally and in writing.” And the State Court Administrative Office advertised a position for a qualified business analyst in almost the same language (“communicate effectively and effectively, both orally and in writing”). Verbal for oral is a common abuse. But if effective communication is sought, it must also be demonstrated.

All of us – law firms, insurance companies and judges – need to do a better job of ridding the legal profession of verbal abuse. Otto Stockmeyer is Professor Emeritus at Western Michigan University-Cooley Law School. He has served as president of Scribes – The American Society of Legal Writers and is a regular contributor to legal journals and blogs. Highly effective in-house speakers are also savvy listeners who understand that the most fruitful verbal communication occurs when participants freely share information and ideas, rather than just lecturing each other. For a person divorcing, for example, neutral legal advice may not be what they need. She may need someone who can help her navigate the emotional and legal processes of a divorce. Cold and legal discussions can make you seem indifferent, which can lead him to choose another lawyer. While most law schools don`t focus on the communication skills required for a successful law practice, the University of Southern California at Annenberg offers an online master`s program in Communication Management that can teach you everything you need to know about successful business communication. Whether you`re looking forward to a future in law or another business field, a communications degree can help you be more successful in your chosen career. I also wrote that several companies used verbally when they meant verbally. A Warren law firm advertised, “The candidate must have excellent oral and written skills.” A Lansing law firm announced: “The ideal candidate should. have superior written and oral communication skills.

A Fenton law firm promoted a legal assistant with “excellent written and oral communication skills.” The column reminded the Bar Journal`s 40,000+ readers that verbal means “expressed in words,” which can be written or oral.