1. April 25, 2017  Pittsburgh
COMMUNICATION BASECAMP FOR IN-HOUSE LAWYERS: Where Mindful and Ethical Discussion Begins
Presented by:
MARIA GRECO DANAHER (Pittsburgh Office)

2. OVERVIEW OF BASECAMP CAREFUL LISTENING UNDERSTANDABLE SPEECH
COOPERATIVE DIALOGUE

3. CAREFUL LISTENING – CLIMBING
COMMUNICATING WITH OTHERS:
VERBAL COMMANDS
NON-VERBAL CUES
TRUTHFUL COMMUNICATIONS

4. CAREFUL LISTENING – AT WORK
COMMUNICATING WITH OTHERS:
VERBAL COMMANDS
NON-VERBAL CUES
TRUTHFUL COMMUNICATIONS

5. ELEMENTS OF CAREFUL LISTENING
FULL ATTENTION
RECEPTIVITY (DISAGREE/COMMIT)
NON-JUDGMENT
AWARENESS OF NON-VERBAL
REFLECTION/PLAYBACK

6. A COMMUNICATION EXERCISE
KNOT TYING
DEXTERITY
VISUAL SKILLS
CRITICAL THINKING
LISTENING

7. LISTEN TO LEARN THESE KNOTS
STOPPER KNOT – STOPS ACTION
HITCH – TIES ROPE TO OBJECT
LOOP – LINKS LINES
FIGURE EIGHT - CLIMBING

8. OVERHAND KNOT

9. RING HITCH

10. OVERHAND LOOP

11. FIGURE EIGHT

12. UNDERSTANDABLE SPEECH
CLARITY IS CRITICAL
WORD CHOICE
CONTEXT
INFLECTION

13. 1. WORD CHOICE IS KEY NO LEGALESE AVOID ACRONYMS DEFINE CRITICAL TERMS
KNOW YOUR AUDIENCE

14. 2. CONTEXT SETS THE STAGE
RESPOND CONSISTENT WITH THE SOURCE OF STATEMENT
USE YOUR FULL ATTENTION (BOTH TO LISTEN AND TO SPEAK)
DON’T “PULL RANK” IN SPEAKING

15. 3. INFLECTION SETS MESSAGE
ORAL ADVOCACY REQUIRES VARIETY:
TONALITY,
PAUSE, AND
GESTURE

16. THERE ARE NO FISH UNDER THE ICE
INFLECTION DRILL #1
THERE ARE NO FISH UNDER THE ICE

17. INFLECTION DRILL #2
I NEVER PROMISED YOU THE MONEY

18. COOPERATIVE DIALOGUE CLEARLY SHARE INFORMATION
TRUTHFULLY ANSWER QUESTIONS
ACCEPT/DENY ASSERTIONS
CONFIRM RECEIPT OF MESSAGE
PROVIDE RELEVANT FEEDBACK

19. COOPERATIVE DIALOGUE
GOAL IS TO “CREATE MEANING THROUGH COMPREHENSIBLE INPUT” BUT HOW IS THAT DONE WHEN LEVELS OF COMPREHENSION DIFFER. . . ?

20. GENERATIONAL DIFFERENCES
BOOMERS (BORN )
NEARLY 80 MILLION IN THE US
“HIPPIES”
EDUCATION WAS INSTRUCTOR-LED
HOME AND WORK WERE “TELL-DO”

21. GENERATIONAL DIFFERENCES
GENERATION X (BORN )
LESS THAN 50 MILLION IN THE US
“SLACKERS”
EDUCATION WAS FACILITATED
HOME WAS “SUGGEST-DO”
WORK STILL “TELL - DO”

22. GENERATIONAL DIFFERENCES
MILLENIALS (BORN )
OVER 80 MILLION IN THE US
“ENTITLED”
EDUCATION WAS COLLABORATIVE
HOME WAS “ENGAGE-DISCUSS”
PUSHES BACK ON “TELL-DO” AT WORK

23. ADAPTING COMMUNICATION STYLE
BOOMERS – MEASURING COMMITMENT BY THE SACRIFICE ONE IS WILLING TO MAKE
GEN-XERS – LOOKING FOR COMPETENCY
MILLENIALS – LOOKING FOR VISION, PURPOSE, AND INSPIRATION (AND HAVE AN EXIT STRATEGY IF THEY DON’T FIND IT!)

24. LOOKING FOR COMMON THEMES
MINDFUL AND ETHICAL COMMUNICATION IS KEY

25. PROFESSIONAL OBLIGATIONS
RULES OF PROFESSIONAL CONDUCT:
Rule 1.1 Competence. A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

26. PROFESSIONAL OBLIGATIONS
Rule 1.4 Communication. (a) A lawyer shall:
(1) promptly inform the client of any decision [requiring client's informed consent];
(2) reasonably consult with the client [about means by which objectives are accomplished];

27. PROFESSIONAL OBLIGATIONS
(3) keep the client reasonably informed about the status of the matter;
(4) promptly comply with reasonable requests for information; and
(5) consult with the client about any relevant limitation on the lawyer's conduct. . .

28. PROFESSIONAL OBLIGATIONS
(Rule 1.4 cont’d)
(b) A lawyer shall explain a matter to the extent reasonably necessary to:
permit the client to make informed decisions regarding the representation.

29. WHAT IS ETHICAL COMMUNCATION?
THE ELEMENTS:
CIVILITY
PROFESSIONAL INTEGRITY
PERSONAL DIGNITY
RESPECT FOR THE LEGAL SYSTEM

30. WHAT IS MINDFULNESS? THE ELEMENTS: INTENTIONAL AWARENESS
FULL ATTENTION
IN THE PRESENT MOMENT
WITHOUT JUDGMENT OR ASSESSMENT

31. WHAT IS MINDFUL COMMUNICATION?
THE ELEMENTS:
TRUTHFULNESS
NON-DISPARAGEMENT
PERSUASIVNESS, NOT MANIPULATION
MENTAL CLARITY

32. HYPOTHETICAL
Zelda (long-term employee) recently has been promoted from secretary to HR generalist. She has come to you to complain that she feels discriminated against because the “younger girls” aren’t taking her seriously. Her co-workers have complained about her condescending attitude and high-handed manner. How do you address the issue ethically?

33. ISSUE SPOTTING GENERATIONAL DIFFERENCES?
HARD FOR SUBORDINATES TO ACCEPT?
SKILL GAP?
COMMUNICATION ISSUES?

34. CAN THIS SITUATION BE SAVED?
Ethical Do’s :
Address the issues with Zelda directly;
Listen courteously to her concerns;
Help her to become aware of others’ concerns;
Help to develop a solution consistent with company policies and values.

35. WHAT COULD LEAD TO FAILURE?
Ethical Don’t’s:
Encourage discussions “about” Zelda;
Preclude explanation/input from Zelda before raising others’ concerns with her;
Foreclose the possibility that Zelda may need additional training in new position;
Make decision w/o business rationale.

36. SUMMARY OF BASECAMP ETHICAL COMMUNICATION STEMS FROM:
CAREFUL LISTENING
UNDERSTANDABLE SPEECH
COOPERATIVE DIALOGUE

37. SOURCE OF CORE VALUES ABA’s Model Rules of Professional Conduct
204 Pa. Code § 81.4 – State Rules of Professional Conduct.

38. April 25, 2017  Pittsburgh
COMMUNICATION BASECAMP FOR IN-HOUSE LAWYERS: Where Mindful and Ethical Discussion Begins
MARIA GRECO DANAHER