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Client Science: Advice for Lawyers on Counseling Clients through Bad News and Other Legal Realities

Client Science Advice for Lawyers on Counseling Clients through Bad News and Other Legal Realities

  • Author:
  • Publisher: Oxford University Press USA
  • ISBN: 9780199891900
  • Published In: May 2012
  • Format: Paperback , 288 pages
  • Jurisdiction: U.S. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
  • Author 
  • Reviews

Details

  • Provides insight and advice to lawyers on how to more effectively communicate with their clients, both as to legal realities and difficult decisions
  • Explains the applicable social sciences and translates insights from these fields into plain language
  • Offers specific suggestions related to a lawyer's ordering, timing, phrasing, and type of explanation, as well as style adjustments for the lawyer's voice and gesture

For most lawyers, effective client counseling is neither intuitive nor easy. Lawyers tend to avoid or delay communicating bad news out of a fear of client backlash, or because they feel torn between the obligation to clearly inform clients about weaknesses in legal positions and fear of damaging the client relationship. There is a perception that honest advice from a lawyer can make a client doubt the allegiance and zeal brought to a particular legal matter. 

Client Science helps lawyers to effectively communicate with their clients, particularly when delivering bad news or other legal realities. Author, Marjorie Corman Aaron, explains the applicable social sciences and translates insights from these fields into plain language to help improve a lawyer's ordering, timing, phrasing, and type of explanation, as well as style adjustments for the lawyer's voice, gesture, and body position. Ultimately, she demonstrates how the proverbial well-informed client--meaning a client who fully understands and appreciates the lawyer's information and advice--can also be a satisfied client who trusts the lawyer's competence and loyalty.

Readership: Lawyers; law students; dispute resolution practitioners

  • ACKNOWLEDGMENTS
  • PREFACE
  • INTRODUCTION
  • CHAPTER 1: BAD NEWS AND THE FULLY INFORMED CLIENT
  • CHAPTER 2: TRANSLATING THE TERRAIN
  • CHAPTER 3: MEANING TRUTHS
  • CHAPTER 4: EMOTIONAL EFFECTS AND AFFECTING EMOTIONS
  • CHAPTER 5: PREDICTABLE AND POTENT PSYCHOLOGY
  • HOW TO SAY IT, AND WHY
  • CHAPTER 6: CHOICES IN VOICE
  • CHAPTER 7: CHOREOGRAPHY OF COUNSEL
  • CHAPTER 8: A GESTURE TO CLARITY
  • CHAPTER 9: CHANNEL NAVIGATION NOTES
  • FINAL THOUGHTS
  • INDEX

Marjorie Corman Aaron, Professor of Clinical Law, UNIVERSITY OF CINCINNATI, COLLEGE OF LAW

Marjorie Corman Aaron is Professor of Clinical Law and Director, Center for Practice at the University of Cincinnati College of Law, where she teaches courses in negotiations, client counseling, mediation, and decision analysis. She is also an active mediator, arbitrator, and trainer in negotiation and dispute resolution in Cincinnati, Ohio, and previously served on the Ohio Commission on Dispute Resolution and Conflict Management, the Ethics Commission of the CPR Institute for Dispute Resolution, and the Publications Committee of the ABA Section on Dispute Resolution. Until July, 1998, Marjorie Aaron was the Executive Director of the Program on Negotiation ("PON") at Harvard Law School, where she was also a lecturer teaching negotiation. Prior to joining PON, Ms. Aaron was a Vice President at Endispute (now known as JAMS-ADR), and a panel mediator for the Middlesex Multi-Door Courthouse. She has designed and taught numerous workshops on mediation, negotiation, alternative dispute resol

and litigation decision analysis for law firms, corporations and universities. She is the author of numerous articles, book chapters, cases, and guides in the field of negotiation, mediation and other forms of dispute resolution.

"No one wants to deliver bad news, but we all have to do it. In Client Science, Marjorie Corman Aaron makes sense of intuition and translates gut feelings into an effective operating procedure for difficult conversations that we dread having. Her expert guidance and analysis will help lawyers handle tough client moments with grace, confidence, and control." 
--Russ Bleemer, Editor, Alternatives to the High Cost of Litigation 

"In this highly readable book, Marjorie Corman Aaron focuses on the real world in which our clients make decisions. She presents a clear-eyed, holistic review of our clients' needs, perspectives, emotions, and false beliefs. Brimming with practical insights and supported by real-world examples, her advice will help counselors to assist clients in making wise decisions about risk -- which is, after all, what our clients want and need from their lawyers." 
--Joseph D. Heyd, Director & Associate General Counsel, Global Litigation 
The Procter & Gamble Company 

"Lawyers need emotional intelligence as well as analytical abilities. Based on years of experience both as a classroom teacher and a mediator, Marjorie Corman Aaron's new book, Client Science is a 'must read' for lawyers who want to communicate more effectively with their clients and create more productive relationships." 
--Robert H. Mnookin, Williston Professor of Law and Chair, Program on Negotiation, 
Harvard Law School 

"Marjorie Corman Aaron explores the characteristics that distinguish a great counselor from merely a good lawyer. Knowledge, strategy and skill all define a good lawyer, but it is emotional intelligence and the ability to communicate effectively that define a counselor who understands that client communication is not just about speaking; it is also about hearing and translating. Professor Aaron helps us understand how body position, posture, and motion all play a role in how clients listen, what they learn and how we are heard by them. Client Science should be mandatory reading for every lawyer entering the practice of law today." 
--Regina M. Pisa, Esq., Chairman, Goodwin Procter LLP 

"Client Science is a thoughtful and enlightened manual for perhaps the most difficult of all lawyering skills -- handling the client. Starting from a base of practical experience and social science, Marjorie Corman Aaron provides wise advice in an important area that is frequently neglected, if not ignored entirely. The book is not only clear and persuasive, it is one of those rare books that manages to be practical, entertaining, and thought-provoking at the same time. I strongly recommend it to lawyers and law students alike." 
--F. Dennis Saylor IV, United States District Judge, District of Massachusetts 

"Given the wide array of books addressing the many aspects of business and professional success, it is surprising how few texts there are offering practical advice for legal practitioners. Marjorie Corman Aaron's Client Science is a gem, providing common sense yet thought-provoking perspective on the challenges of counseling clients and practical advice for doing it effectively. The lessons are all the more powerful because they afford helpful insight and concrete approaches to lawyers at all stages of their career. This is a book I expect to go back to over and over again as long as I am practicing, and I strongly recommend it to law students, lawyers, faculty and professional development managers." 
--Laura C. Hodges Taylor, Partner, Goodwin Procter LLP

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