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The Importance of
Communication in the
Legal Field
1
Introduction 2
Learning Outcomes
What Is a Law Clerk? 2
What Is a Legal Assistant? 2 After reading this introduction, you should be able to:
What Is a Lawyer? 2 • Explain the roles of various legal professionals.
What Is a Paralegal? 3 • Explain effective communication in the legal field.
Working Environments 3 • Understand the communication process and the
What Is Effective Communication? 4 barriers to it.
Effective Oral Communication 4 • Describe the importance of communicating with
Effective Written Communication 4 people of diverse cultures.
• Describe the importance of communicating with
The Communication Process 4
people with disabilities.
Barriers to Communication 5
• Understand the importance of communicating as a
Communicating in a Multicultural Society 6
member of a group.
Communicating with People
with Disabilities 7
Working Together 8
Summary 9
Key Terms 9
Review Questions 9

1
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Introduction
The legal profession relies heavily on written and oral communication. Communication
refers to the exchange of information between people. There are different forms, such
verbal communication as verbal, non-verbal, written, and visual communication. Law clerks, legal assist-
The expression of ideas and ants, lawyers, and paralegals all need effective communication skills to serve their cli-
information by spoken words. ents and provide effective legal service. This chapter introduces various types of legal
non-verbal professionals and discusses the communication process and barriers to effective
communication communication.
The expression of ideas
and information using
gestures or mannerisms. What Is a Law Clerk?
written communication In Ontario, a law clerk is a person qualified through education, training, or work
The expression of ideas and experience to perform tasks for lawyers, paralegals, law offices, government agencies,
information through writing.
and other entities. Under the direction of a licensed lawyer or paralegal, law clerks can
visual communication perform administrative or managerial duties and undertake, when delegated to do so,
The expression of ideas substantive legal work that, in the absence of a law clerk, the lawyer or paralegal
and information using would perform.
symbols and imagery.

What Is a Legal Assistant?

Legal administrative assistants gather information and assemble legal documents and
correspondence using their knowledge, initiative, and creativity. They communicate
directly with clients, lawyers, paralegals, law office personnel, judicial and government
offices, and other professionals in the community as part of their daily activities.

What Is a Lawyer?
Law Society of Ontario The Law Society of Ontario (LSO) regulates the legal profession in Ontario. It is
(LSO) responsible for licensing, regulating, and disciplining lawyers and paralegals in Ontario
A self-governing body that is pursuant to the Law Society Act 1 and its rules and regulations. Each province and
authorized to educate, license, territory has its own law society that governs the legal professionals of that particular
and regulate paralegals
province or territory.
and lawyers in Ontario in
A lawyer is someone who is authorized by his or her respective law society to
accordance with the Law
practise law. Once licensed, a lawyer can practise in any area of the law (subject to any
Society Act , RSO 1990, c L.8,
and the society’s regulations, limitations placed on the individual by the law society), including:
by-laws, and rules of conduct.
• civil litigation
• family law
• real estate law
• estate planning
• corporate/business law
• criminal law
• entertainment law

1 RSO 1990, c L.8.

2 COMMUNICATIONS FOR LEGAL PROFESSIONALS

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• intellectual property
• immigration law
• labour and employment law
• international law.

A licensed lawyer can act as a barrister, solicitor, commissioner of oaths, and a barrister
notary public. The term commonly used
to refer to lawyers who
appear in court to argue
What Is a Paralegal? cases through oral advocacy.
In Ontario, all lawyers are
Paralegals provide legal representation to clients within limited areas of law. In Ontario,
barristers and solicitors.
paralegals, like lawyers, are regulated by the LSO, meaning that they must meet the
education and licensing requirements set by the LSO to practise law. Ontario is the solicitor
only province where paralegals are licensed and regulated. The scope of practice for Historically, a term used
licensed paralegals is limited by the LSO. Paralegals are only permitted to represent to refer to a lawyer who
did not appear in court.
someone before specific courts and tribunals:
In Ontario, all lawyers are
• Small Claims Court barristers and solicitors.
• Ontario Court of Justice for proceedings under the Provincial Offences Act 2 commissioner of oaths
• Ontario Court of Justice for summary offences under the Criminal Code 3 Also known as commissioners
for taking affidavits, a person
• administrative tribunals such as the Landlord and Tenant Board, the Human Rights
authorized by the Province
Tribunal of Ontario, the Social Benefits Tribunal, and the Licence Appeal Tribunal.
of Ontario to give an oath
to a person who is swearing
Licensed paralegals can also represent clients in a limited area of immigration and
or affirming the truth of the
refugee law, such as in a hearing before the Immigration and Refugee Board.
contents of a document.
Paralegals cannot represent clients in the areas of real estate law, corporate law,
The commissioner asks
wills and estates, or family law. Only lawyers can provide legal services in these areas. the declarant to swear or
This means that paralegals cannot appear in the Ontario Superior Court of Justice affirm that what is written
(other than the Small Claims Court), nor can they represent a client in a family law in a document is true.
proceeding, including a case in the Ontario Court of Justice.
notary public
In 2017, the LSO’s governing body approved an action plan to create a special
A person who witnesses
licence to permit paralegals and others to assist the public with certain family legal oaths, signs affidavits,
services. This means that paralegals will be permitted to practise some aspects of and certifies documents
family law. The LSO is currently in the process of developing this licence to finalize the to be true copies of the
scope of practice, as well as education and licensing requirements. original document.

Working Environments
Law clerks and legal assistants usually work in law firms, but they can also work in:

• corporate legal departments

• accounting firms
• government departments
• banks
• associations.

2 RSO 1990, c P.33.

3 RSC 1985, c C-46.

CHAPTER 1 The Importance of Communication in the Legal Field  3

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What Is Effective Communication?

Communication takes many forms, such as writing a letter or an email to a client or
speaking with a client face to face or on the telephone. It also includes drafting other
kinds of documents that communicate information to clients, courts, judges, and
opposing parties and their legal representatives. This chapter introduces you to oral
and written communication.

Effective Oral Communication

Oral communication refers to the expression of ideas and information verbally. Strong
interpersonal and oral communication skills are essential to managing relationships
and providing high-quality customer service. Law clerks and legal assistants interact
with colleagues, lawyers, paralegals, clients, and other third parties on a daily basis.
In their roles, they collect and provide information to clients and other third parties.
As such, they require effective oral communication skills.
Effective spoken communication is clear, concise, complete, and respectful. It also
requires an ability to adjust mannerisms and communication techniques depending
on the particular receiver of the information. Being aware of who you are communi-
cating with is essential to employing an effective approach to communicating with
a particular individual. For example, how a law clerk or legal assistant explains
information to a client who has recently experienced hardship or trauma may be
different from how he or she explains that information to someone who has not.
Effective oral communication also calls for awareness of and sensitivity to cultural
differences, which is further explained below. Chapter 11 also deals with how to
speak effectively.

Effective Written Communication

Effective legal writing is necessary for competent client representation in the legal
industry. Legal professionals who are effective legal writers convey meaning to their
audience in a clear and concise manner. To do so, legal professionals need to follow
the conventional rules of grammar and syntax. However, good grammar and syntax
are not enough to make writing effective.
Proper style is also necessary to ensure that a document is clear and concise. Style
refers to how a writer expresses meaning through the use and arrangement of words,
sentences, and numbers. It also refers to the tone and organization of the document.
In general, a legal professional can develop a good writing style by (1) simplifying his
or her writing; (2) organizing his or her writing in an effective manner; and (3) ensuring
that the tone of the text is courteous and appropriate for the intended audience.
Chapters 3 and 4 will teach you the tools necessary to achieve proper grammar and a
good writing style.

The Communication Process

Everyone communicates. You speak, write, read, and make gestures, all of which can
be considered methods of communication. Even when you are not speaking, writing,
reading, or gesturing to someone, communication takes place.

4 COMMUNICATIONS FOR LEGAL PROFESSIONALS

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The majority of our conscious day is spent communicating. Communication

involves more than one person. Even as this material is being read, for instance, it
becomes a form of communication between the authors who wrote the material
and the student who is reading it.
Even when your attempt to communicate feels unsuccessful, the person you are
addressing does receive your message. But perhaps he or she is not listening, is not
responding in a manner that you feel is appropriate, or is not responding at all.
This means that your message is not getting through to the listener for some reason.
No response, or an inappropriate response, is still a form of feedback to your message.
A traditional diagram used to illustrate this theory is set out in Figure 1.1.

FIGURE 1.1 Communication Barriers

message
ba
rri receiver
sender ers
feedback

The person communicating (the sender) sends a message to another person (the
receiver). The receiver gives feedback to show that the message has been received and
how it has been received.
When someone does not appear to respond to your message or responds inappro-
priately, there are reasons for this breakdown; they are called barriers to communica-
tion. Possibly, the receiver cannot hear your message clearly; possibly, the receiver does
not agree with what you said and does not want to tell you so; possibly, the receiver
is not responding for some other reason.

Barriers to Communication
There are a number of possible barriers to communication:

1. Difficult physical environment. The room is hot, stuffy, too large, or too small.
2. Technical problems. Static on telephone lines or computer crashes can hinder
communication.
3. Lack of attention or interest. The listener may lack interest in what is being
said or may disagree with the speaker.
4. Cultural differences. The speaker’s age, gender, or ethnicity may be different
from the listener’s.
5. Stereotyping. The receiver may have a fixed set of ideas about the speaker or
the speaker’s message. These ideas are often based on rumour or assumption
and may be incorrect.
6. Inappropriate body language. The speaker’s body language may not match
the message.

CHAPTER 1 The Importance of Communication in the Legal Field  5

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7. Emotional barriers. The receiver may have feelings of distrust, suspicion, or

fear about the situation and information. This can occur, for example, when a
client has no experience with the law, the legal system, legal professionals, or
law firms. Also, the client may have had a negative experience with the law or
a law firm in the past.
8. Wrong time of day. The speaker or listener may not be alert during part of the
day. For example, a night person may have trouble listening during an early class.
9. Noise. Aural distractions may impede listening.
10. Inappropriate audience. The audience may not be the right one for the
particular message.
11. Language barriers. The speaker’s language may be vague or confusing. For
example, non-native English speakers may not be familiar with common
English expressions, slang, and vocabulary.

EXERCISE 1.1

Identifying Barriers to Communication

Take a moment to look around your classroom and at your timetable. What are some
of the possible barriers to communication that you see? Do the following barriers, for
example, apply to you?

1. Books for the course are expensive. You resent having to pay that much
money for one book that you feel you probably will not use entirely.
2. You have three classes in a row; this is the third. You are tired and just
want to finish and get home.
Whether or not these examples apply to you, try to identify other barriers to com-
munication in the classroom.

These barriers can seriously affect the communication process. For example, think
of how difficult it might be, in the case of a bitter divorce suit, to communicate with a
client reacting to what is perceived as a measly settlement offer from a spouse.
Emotions are running high, and a desire for vengeance is in the air. In these circum-
stances, you might find it difficult to communicate with someone who is too emotional
to listen. These factors, and many others that will be discussed in this book, make the
communication process difficult.

Communicating in a Multicultural Society

Law clerks and legal assistants must sometimes communicate with people whose first
language is not English. This occurs in the corporate world and is even more likely to
occur in the areas of law that involve individuals, such as family law, real estate law,
employment law, and insurance law. You must be able to obtain the information you
need to assist these clients, and to convey the appropriate information to them,

6 COMMUNICATIONS FOR LEGAL PROFESSIONALS

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without making them feel awkward or uncomfortable. Make every attempt to pro-
nounce names properly, be a good listener, be compassionate, and be aware of cultural
differences. For example, in some cultures, direct eye contact is a sign of respect,
whereas in other cultures, it is a sign of disrespect.
Be aware of problems that may arise from differences in vocabulary and intonation.
Similar words can have different meanings in different cultures and languages, and the
way something is said is often more important than the words used. In addition,
lawyers, law clerks, and legal personnel are viewed differently from culture to culture
and in some cases may be seen as threatening.
Some general guidelines for communicating in a multicultural society are as follows:

1. Use words that are commonly known.

2. Avoid slang or colloquial expressions.
3. Use simple sentences that contain a subject, a verb, and an object.
4. Do not use acronyms, contractions, or abbreviations.
5. Be aware of signs of confusion on the part of the listener.
6. Be an active listener yourself. Active listening skills are discussed in Chapter 10.
7. Be aware that an imperfect understanding of what you are saying does not
indicate a lack of intelligence.
8. Use gestures and facial expressions whenever possible to clarify your meaning
and to make the listener feel comfortable.

Communicating with People with Disabilities

It is important to communicate with people with disabilities in a way that respects their
independence and dignity. A person with a disability has an impairment that limits him
or her in some way. There are different kinds of disabilities, which may include:

• physical limitations
• vision loss
• hearing loss
• learning disabilities
• speech or language impairments
• mental health disabilities
• intellectual/developmental disabilities.

Here are a few broad guidelines for communicating with people with disabilities:

1. Acknowledge the existence of a disability, particularly if the person you are

communicating with draws attention to it. People with disabilities sometimes
use gestures to draw the speaker’s attention to their condition; they would
prefer that it not be ignored.
2. Understand the nature of the disability.
3. Be resourceful in attempting to establish communication. For example,
written notes are usually the best way to communicate with a hearing- or
speech-impaired person. Being resourceful also includes being able to offer
written communication in different formats, such as electronic format using

CHAPTER 1 The Importance of Communication in the Legal Field  7

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Microsoft Word and/or PDF or hard copy in different text types and sizes.
Also, allowing assistive devices and supports such as technology/software,
service animals, or support persons will allow for effective communication.

The Accessibility for Ontarians with Disabilities Act 4 sets standards for accessibility
that Ontario businesses and organizations must follow. One of those standards is to
provide customer service that is accessible to people with disabilities.
Law firms provide legal services to the public, and the customer service they provide
to their clients must be accessible to people with disabilities. Law clerks and legal
assistants should be mindful of the AODA, as well as any policies that a firm created
that outline how the firm will provide legal services to people with disabilities. Chapter
11 provides more tips for effectively communicating with people with disabilities.

Working Together
Communicating is often a one-on-one situation. As seen in Figure 1.1, a sender sends
a message, a receiver receives the message, and the feedback indicates how much of
the message was received, understood, and accepted.
There are many situations, however, when you will be dealing with more than one
person. After all, dealing with the process of law is a group effort; for example, you do
not complete all of the work on a large real estate transaction by yourself. You need
the assistance of land titles agents, gas or electricity department personnel, local gov-
ernment officials, other law firms, and more—an entire range of people to whom you
must communicate vital information and from whom you must receive information in
return. These people are members of your group. When mixed messages are sent
between members of the group, or when various members interpret a message differ-
ently and fail to assist one another in the communication process, confusion usually
ensues—another communication barrier.

EXERCISE 1.2

Foreseeing Barriers
Imagine that you are a legal assistant involved in the large real estate transaction men-
tioned in the paragraph above. List some of the potential barriers to communication
that might be encountered with the following:

1. the buyer of the property

2. the seller of the property
3. the other law firm that you are dealing with
4. the land titles agents
5. the local government.

4 SO 2005, c 11 [AODA].

8 COMMUNICATIONS FOR LEGAL PROFESSIONALS

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SUMMARY
Everyone communicates, but the effectiveness of the must be effective communicators. They must under-
communication process varies. Effectiveness is reflected stand that certain barriers to communication, such as
in the types of feedback given and depends on how well language difference or disabilities, present special
the barriers to communication between sender and challenges.
receiver are overcome. Law clerks and legal assistants

KEY TERMS
barrister, 3 non-verbal communication, 2 verbal communication, 2
commissioner of oath, 3 notary public, 3 visual communication, 2
Law Society of Ontario (LSO), 2 solicitor, 3 written communication, 2

REVIEW QUESTIONS
1. What is a law clerk? 6. Identify three things a law clerk or legal assistant
2. Explain the similarities and differences between a should do when communicating in a multicultural
lawyer and a paralegal in Ontario. society to increase the effectiveness of the
3. What is the Law Society of Ontario? communication.
4. What is effective written communication? 7. What is the Accessibility for Ontarians with
Disabilities Act?
5. Identify four barriers to communication.

CHAPTER 1 The Importance of Communication in the Legal Field  9

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