Empathy is the ability to understand the perspectives and feelings of another person. It’s an invaluable trait for barristers, especially when advising clients who are feeling angry, distressed or confused by the proceedings.
Why is the ability to empathise with clients important?
Showing empathy to your clients will help you to provide them with an exceptional service.
Walking in your clients’ shoes will give them confidence that you understand the implications and consequences of the outcome of the case for them, personally.
It will promote trust and help you build rapport, both of which enhance your own experience of your work.
Identifying Your Client‘s Emotional State
In order to demonstrate true empathy with your client, it’s important to be able to recognise and interpret how they’re feeling. This should be the first thing you observe when you enter the first con.
You’ll evaluate their body language and facial expressions to get a sense of how they feel about the matter you are facing together. Where and how they choose to sit at the table, whether their arms are crossed in defiance or rather slumped low in the chair, defeated already.
If you’re well-prepared, it may be tempting to sit down, open your binder and give the “right” answer. But before doing this, ask some open-ended questions to allow a client to express their beliefs and feelings about what they believe is the right outcome for them.
While they are responding, stay aware of verbal and nonverbal cues, for example, do they repeat the same story verbatim, over and over again, as though the facts of it have been rehearsed? Or do they unwittingly drum their fingers on the table, suggesting a level of anxiety over what’s about to happen?
You don’t know the validity of your observations at this stage, so be observant and listen carefully, without judgement, so you can respond accordingly. Listen carefully to what they have to say, before you proceed with your answer to the legal problem at hand.
Learning to show empathy
Ensure a client knows that you understand their perspective by giving confirmation and feedback with clear statements.
Repeat what you believe to have heard and ask for clarification of the points where they have stumbled over their questions about the case. It’s advisable not to proceed to the second point before reaching consensus and understanding on the first.
Show a desire to understand and make a connection by letting them know that their feelings about the legal process are valid. Provide reassurance by saying that many of your clients feel the same way at the start and that it’s your job to guide them through the process. Mirror their body language to non-verbally emphasize that you appreciate their point of view. Be subtle though; mirroring can be creepy when it’s overdone.
Forming connections
When connecting with a client in the early stages of the case, it’s advisable to try to find common ground. With your solicitor clients it will be easier because you both have in common your training, qualifications and comparable war wounds from your working experience.
With other clients, building connections could be as simple as discussing a shared interest or a mutual experience. Besides bridging differences, this ties you both together by shifting your relationship from a transaction to a human connection.
Look to connect on an emotional level by being positive and showing that you understand the implications of a negative outcome for them. Outline the small steps that will move the matter forward and show your respect for them having chosen to instruct you as their guide through a difficult process.
Responding to difficult situations
I was in a surgeon’s consulting room once in tears about what was about to happen next. Rather than match my emotion, the surgeon simply handed me a box of tissues and waited for me to calm down. Had she tried to intervene with words of reassurance, the situation would likely have escalated because I was scared. From a purely practical perspective, it’s likely that my allotted appointment time would have run over considerably, taking up the consultant’s time for the next patient. Waiting for me to calm myself down was exactly the right approach in that situation.
When dealing with emotional and difficult situations for clients, stay calm and hold the space that allows your client to explain what’s happening for them. Allowing your client time to express their thoughts and feelings will prevent an emotional escalation.
Respond to anger or frustration with compassion, such as using statements like “I don’t think anyone would have wished for this to happen” or “I can fully understand why you’re so angry. The law just isn’t on our side in this situation.” Your client won’t appreciate you concealing bad news but delivering it with empathy will soften the blow.
Demonstrating empathy in times of difficulty demonstrates to the client that you can be trusted and have strong problem-solving skills. They will feel reassured that you will be able to manage the challenges of the court room, should that path be taken.
In summary
Difficult and challenging situations, such as those you encounter regularly in your daily work as a barrister, require a compassionate response using these tools to diffuse a situation.
Empathy is an invaluable skill to build relationships and trust. Showing empathy involves interpreting how a client is feeling and using techniques such as mirroring and finding common ground to secure a connection.
Having these skills demonstrate that you’re a reliable professional with a genuine appreciation and understanding of your clients concerns. Patience is usually all you need to show empathy and by so doing, you can be assured of providing an exceptional service.
When your clients have a positive experience with you it’s likely they will refer you to their network and possibly provide you with a testimonial. Showing empathy is, therefore, very good for business.
Heidi Smith
Founder of Jurilogical
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