The Business Exchange Bath & Somerset Issue 9: Autumn 2018 | Page 19
BUSINESS ADVICE
EVERYONE’S A LAWYER
“Are we nearly there yet?” or indeed “Why
haven’t you tidied your room?” Right from
when we can first formulate words we are
asking questions, sometimes with a view
to seeking answers and sometimes just to
make a point. Or as is often the case with
my children, just because they are bored.
We never stop asking questions at home,
when learning or at the office. Having the
ability to understand how questions work
and the skill properly to frame a question
to elicit the information you need is hugely
valuable. When done well, questioning can
exude focus and control, yet also empathy
and the willingness to listen.
Legal advocates are expected to be
experts in the art of questioning and some
of the skills you hear demonstrated in a
courtroom can assist you in everyday life.
Take the “leading question”, for example.
This is a question that has the answer
within the question and is likely to get
a “yes” or “no” answer. Such questions
can exert control over the listener, which
may or may not be a good thing. So the
young lawyer out on a date who likes their
claret should not ask outright “Do you
like claret?”, or indeed “Which claret do
you prefer?” Rather they should first ask
“What would you prefer to drink?”. This
demonstrates a willingness to consult, and
is more likely to put their date at ease. The
date is then much more likely to answer
“yes” to a subsequent leading question.
These skills easily translate to the
courtroom and office environments.
A key skill in questioning is to know
what information you want to obtain before
you ask the question. For example, it is no
good asking your date coyly “What do you
do on Fridays?” if what you actually want
to know is what they are doing next Friday,
or asking your manager “did you read that
article about negotiation skills?” when
what you really want to know is “May I
enrol on that negotiation course to help my
professional development?.”
In the same way an employer
interviewing someone against a key skill
needs to formulate questions that direct
the interviewee to give them the necessary
information to assess this skill. This is
often attempted with the ‘give me an
example of when you...’ style of question. In
this case, it’s usually best not to ask what
they are doing next Friday.
e: [email protected]
t: 01225 326753
twitter: @StoneKingLLP
Peter Woodhouse is an employment law expert and heads up the
Business Sector at national law firm Stone King - but he asks, ‘aren’t
we all lawyers?’ In each issue of TBE Peter reflects on a legal skill
that most of us use every day. This time he explores: advocacy.
Peter Woodhouse, partner and
head of business at Stone King
THE BUSINESS EXCHANGE 2018
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