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Running Header: Communications and Stereotypes in Law

Communication and Stereotypes in Law

Alexandra Chia
University of Kentucky

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Communications and Stereotypes in Law
Communication and Stereotypes in Law
The idea behind communication is that it is key for a group of people to be able to work
together. Clear communication is found in any successful work environment and unfortunately,
many profession lack this. When discussing the role of communication in the law work
environment, a factor that plays into this is the stereotype culture that can be found within this
profession. The main focus with stereotypes within the law profession is that of gender roles.
Tying this back to communication, many male partners feel that they do not need to
communicate or discuss issues with their female counterparts due to their perspective on gender
roles. Male partners with this view believe that females have a different status and that they will
not see issues from the same perspective as that of a male. In this profession there are noticeable
problems with gender roles within the firm, communication between lawyers, and
communication between the lawyer and their client. By understanding the underlying basis
within each topic, a possible solution is able to be determined that can be applied not only in
firms today but also moving forward.
When looking at gender
differences in law you can see that in
history males have dominated the
career field. Even now as seen by the
image to the right from the National
Association of Women Lawyers, men
still make up the majority of lawyers
in the United States. As seen on the image above of women in the legal profession, the male to
female ratio is practically doubled. By looking at this image it is clearly visible that although

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there has been a change in the amount of women integrated into the law profession, the
percentage of women is still low. From images of statistics like this, it is reasonable for people
to more commonly relate a lawyer to a male as opposed to a female and because of this the male
lawyer stereotype is created.
Although gender roles may seem like a stereotype of the past, it is still evident in the
modern workforce. As stated by professor Mary J. Price of the University Of Kentucky College
Of Law only 50 years ago the introduction of women into this profession was seen. (A. Chia,
personal communication, October 8, 2014). American society has evolved and changed in the
sense of incorporating more women into fields that before were dominated by men. Although
this is the case, there is still a clear difference that can be seen not just in research but from being
in the work environment; in this case when dealing with a law firm. With the recent
incorporation of women into the law field, it is not unusual to find more males in a law firm as
opposed to females. This difference in the appearance of males versus females is not only seen
in law firms in the real world, but re-emphasized in the media such as in films and television
shows.
In many films, the stereotype of the male lawyer is depicted with the characteristics of an
older Caucasian male. This has been seen in classic films such as To Kill a Mockingbird, where
one of the main characters is a Caucasian male lawyer. As well as being seen in older classic
movies, this stereotype is still seen in films today such as Michael Clayton in which the plot also
revolves around a Caucasian male lawyer. As a result of this stereotype, many male lawyers
call out their female counterparts on the different status that is between the genders. With
there being differences in status, male lawyers see themselves as having more power and being
able to use this over their female partners. In an article found on the Washington Post, Selena

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Rezvani argues that, because most high-ranking sponsors are men, young women can have
trouble identifying advocates in the higher echelons (Rezvani, 2014). To elaborate on this idea,
because most of the firms supporting company CEOs are men, women find it harder to find a
position within the law firm of high status or power. By not having the equal opportunity that a
male has to achieve that status, this creates a more difficult path to take for the female lawyer. In
turn, this leads to the males seeing that the woman will not make it to the same position that they
are in and will not respect or acknowledge to the communication that come from women. This
leads into the problems with communications that firms and lawyers in general may have.
A common malpractice when dealing with communication is not being able to express
things adequately with precision and care. In a law firm this comes into play when lawyers are
talking to each other about what decisions should be made regarding a specific case or just when
helping one another. Problems in this scenario arise from the major competition factor that there
are between lawyers. The law profession is very competitive in the sense that everyone always
wants to end up at the top. In this case someone may lack sharing specific information with
another just to look better or more prepared. This is how communication problems arise between
lawyers. It is important for lawyers to maintain professional communication with each other
because it prevents issues that could arise later in the courtroom. In technical terms, the cases
are not to be discussed outside of the courtroom or firm based on confidentiality agreements. If
working together with other members of the same law firm however, discussion may be
necessary to make sure everyone is informed and to be able to close the deal.
A common mistake that plays a role in the communication between lawyers is that of
case studies. Lawyer to lawyer communication is normally maintained at a minimum unless it
benefits both parties. In other words, the interaction between lawyers whilst working a case is

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normally maintained at a minimum unless there is a beneficiary aspect to each lawyer. In an
editors note on the New York Times, it was stated that a telephone communication about an
investment was held and an error had been made in a description about the company that was
previously published (Anonymous, 2003). If there had been a clearer sense of communication
this could have been avoided. This error led to a bigger spotlight on the company that raised
greater concern when dealing with investment. With this in mind, if one lawyer gives too much
information to another partner they risk the chance of losing information that is necessary in their
case. By sharing this information and not letting the other know that it is private or confidential,
they risk exposure to this source and a potential threat to the case. Essentially, when trying to
prove your client not guilty you are going up against the other representative lawyer. A lawyer
must be able to clearly communicate and convince the other lawyer that their analysis is
accurate.
The main communication that occurs in law is that between lawyer and client. The idea
in communicating with your client is that there is a confidentiality agreement between the two.
The lawyers must take into account the fact that the case is not their own but instead the clients.
As a result of this, the communication between the client and lawyer will vary based off of the
clients preferences. This plays into the factor of using the correct language with the client.
When talking to a client, the lawyer speaks to their client in a matter that they will understand.
Norman Schaeffer, a clinical psychologist states that, Lawyers should not hesitate to clarify
technical language, industry jargon or references to past dealings with the client (Schaeffer,
1995, p. 79). If talking to another lawyer you might use more technical terms, whereas if talking
to their client more basic terminology will be used; this is so the client will be able to understand
exactly what their representation is saying. When talking to a client it is simple for the lawyer to

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state facts and statistics. However, just because the lawyer understands this terminology does
not mean that their client will understand what is trying to be said. The lawyer must take into
consideration their audience or client, and in what type of language would be most beneficial for
the client to understand.
Failure of clear communication between the lawyer and their client could lead to the
client misinterpreting something in the case and thinking one way that differs from that of the
lawyer. For example if the lawyer does not effectively describe what evidence they will use in
the case or if they adhere from using specific information that they have and the client is not
informed about this the client may become confused when actually in the court. In other words,
the client could say something that would potentially convict them of the problem that is
presented in the case. In many cases allegations of inadequate communication are among the
most common complaint made against lawyers. (Bartholomew, A., & Howard, C. E. (2009)
p.10). This quote references the main complaint that firms get about their lawyers being the lack
of communication or the efficiency of it. In a way good client communication can seem more of
a responsibility than just a side factor. However, this is not always the case and is shown when
the client displays a lack of sufficient communication.
Although many times the lawyer may not communicate with the client clearly, the
opposite could occur as well. To be able to accurately describe what the cause for the
representation is, the client must have clear communication with the lawyer because, ...when the
client side of the equation does not do his or her part, the lawyer faces particular challenges.
(Call, 2011, p. 36). Now if the client fails to communicate with their lawyer, there is
misunderstanding as to which stand point the lawyer is taking; whether they are trying to prove
their innocence or defer the guilty claim. When the client fails to have good communication

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with the lawyer, problems may arise as well. When this occurs it is still the lawyers job to try to
better the communication gap or make things clearer for the better of the lawyer but for the basis
of the case that is being built. The best way to deal with a case like this could be making sure
that the communication breakdown is clear that shows the lawyers efforts to communicate with
the client whether verbally or in writing.
In this example of a political
cartoon, you are able to see a simple
example of miscommunication
between the lawyer and client. To
describe this picture, when presenting
yourself in front of a courtroom, both
client and lawyer want to look as
professional and business formal as
possible. The cartoon depicts a lawyer
and their client before entering what
the reader could assume as a courtroom. The caption bubble in the cartoon shows the client
stating What? You said court-appropriate attire! Instead of wearing actual business formal
attire that is considered court-attire the client shows up in an outfit that could be considered as
court-attire when referencing tennis. Here the author is trying to show the use of a double
standard in word meaning but also the miscommunication that is a result from this. What the
lawyer considers court attire is not the same for another person. The phrase court-attire could
be used to describe business formal attire but could also signify an outfit that is to be worn on a
tennis court. Both could be considered court-attire, but what is important is the context that

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the phrase is put in. In this situation the confusion could have been avoided through better
explanation coming from the lawyer to his client. This cartoon does show an extreme case
because most people would understand what court-attire is in the sense of presenting yourself
in front of a court but, for what the author is trying to explain it works.
This sense of understanding not only applies to a single persona client, but can also be
applied to representing a large company. When a law firm is working with a large corporation
there has to be precise and clear language used between the lawyers involved in the deal but also
to the corporation. With clear communication the lawyer and the corporation is informed about
what is occurring in the case. By being informed there is less of a chance of miscommunication.
With both parties sharing communication a better representation and case can be presented. For
example, when a corporation is being fined for faulty exposure of a product, the lawyer and
corporation can clearly define the issue at hand and see how to solve the problem. In a case
where Samsung was being fined for negative remarks towards the smartphones of competitive
company HTC Co. the issue was the faulty statements of the phones by HTC Co. on Samsungs
website. The resolution to this was redesigning the website without the false remarks and as
punishment to Samsung, a fine of $340,000. By creating or finding a solution, then this analysis
can be presented in front of a court and thus reduce the fine or in an ideal scenario, do away with
the fine completely. Resulting from this, it is clear where problems can arise if the
communication necessary is not present.
Communication takes on an important role in this work place in the sense that it is a key
role for success in a work environment. Not only is it a way to stay up to date with things
occurring not only inside the workplace, but it also maintains a basic knowledge for events that
are occurring nationally. Communicating with people allows different ideas to be discussed and

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these new ideas could lead to a different analysis or solution to a problem that before could not
be settled on. Effective communication in law firms results in better working relationships
between lawyers but also between their clients. In this profession there are both positive
outcomes and problems that come with communication. These issues deal with gender roles,
communication between lawyers, and communication between the lawyer and their client. By
focusing on improving the problems that there are within these issues, the outcomes of good
communication are risen and the miscommunication problem declines. As you can see
communication is crucial in law, stereotypes and gender roles may change over the years but the
importance of communication always remains the same.

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Resources
Bartholomew, A., & Howard, C. E. (2009). Maintaining Good Client Communication: An
Ethical Responsibility and Practical Imperative. Utah Bar Journal, 22(6), 10-13
Call, K. A. (2011). Client Communication. Utah Bar Journal, 24(5), 36-37.
CartoonStock. (2010). CartoonStock Ltd. Retrieved from http://lowres.cartoonstock.com/laworder-court-courtroom-sports-courtrooms-attorney-mmln27_low.jpg
Chanen, J. S. (1995). The heart of the matter. ABA Journal, 81(3), 78.
Kaplan, R. (2011). Towards Better Communication Between Executives and Lawyers. Utah Bar
Journal, 24(4), P.18-22. Retrieved November 4, 2014, from EBSCOhost.
Rezvani, S. (2014, February 18). Large law firms are failing women lawyers. The Washington
Post. Retrieved November 5, 2014, from http://www.washingtonpost.com/blogs/onleadership/wp/2014/02/18/large-law-firms-are-failing-women-lawyers/
National Association of Women Lawyers. (2014, February 25). NAWL : Publications. Retrieved
from http://www.nawl.org/p/cm/ld/fid=82#surveys
Samsung fined for fake comments about rival HTC Corp. (2013, October 24). Retrieved
November 23, 2014, from http://www.foxnews.com/tech/2013/10/24/samsung-fined-forfake-reviews-rival-htc-corp
To Kill a Mockingbird [Motion picture]. (1962). United States: MCA Videocassette Inc.
(2003, December 28). EDITORS' NOTE. New York Times. p. BU2.