2.2
Effective Communication Skills

Over the course of our lives, we develop a set of communication skills that helps us:

  • appreciate the effect of tone and content on meaning and how our communications are received;
  • appreciate silence and non-verbal communication;
  • develop fluency with written communication; and
  • understand social rules about communication, including distinguishing acceptable communications from communications that fall below the societal norm.

Having effective communication skills will help keep you in compliance with your obligations under the Code of Conduct and have an enjoyable practice.

The following are examples of how effective communication skills are applied in practice:

  • listen to the client to understand their needs and determine at the outset whether the client is a good match for your experience, skill set, personality and style of practice;
  • realistically and clearly advise the client of potential outcomes and costs.
  • tell the client what you can and cannot do and then keep your word;
  • establish an understanding with the client about the preferred method of communication and your time frame for responding to communications;
  • use plain language when possible and allow space for clients to ask questions or seek clarification;
  • confirm the client’s understanding of the existence and scope of the retainer using a written retainer or, if not retained, by sending a non-engagement letter.
  • keep the client informed of progress on the matter, even if only to explain why the matter has been delayed or is in a holding pattern; 
  • respond promptly to communications from the client, other lawyers, the Law Society and others;
  • ensure that the tone of every communication is civil, and that content is limited to relevant matters;
  • avoid delay in billing and ensure that bills are fully explained; and 
  • otherwise manage the client’s expectations.

What may initially be minor communication oversights can deteriorate into serious situations. For example:

  • the client who is not kept up to speed in their matter may claim you are keeping them in the dark;
  • ignoring communications from the lawyer on the other side of a matter can quickly escalate into discord between counsel that distracts from the interests of the client;
  • failing to respond to communications from the Law Society arising from a complaint from the client or the other lawyer can unnecessarily escalate the matter; and
  • hasty or perfunctory communications may come across as uncivil and unprofessional, and such situations can quickly become toxic.

In addition to the professional imperative to communicate effectively, there is also a practical need to do so. Lawyers are subject to numerous stereotypes, many of them negative. Consequently, few people approach a lawyer without a set of assumptions and perceptions already in place. Poor or disrespectful communication skills diminish your standing within the profession and reinforce the public’s negative perception of the entire profession. There is no practical benefit to such behaviour, and the harm associated with it is very real. The best opportunity you have to overcome negative perceptions is to adhere to a high standard of conduct and communication.


Last modified: Friday, 21 April 2023, 9:20 AM