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Will: Why you must have a lawyer who knows how to listen
Has the recent past led you to think about making a will?
As is well known, there is no shortage of lawyers in Israel for wills, continuing power of attorney and the elderly.
But before signing a fee agreement, you must make sure that the lawyer you are sitting in front of knows how to listen to you and accurately express your wishes.
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Lawyer
In collaboration with Adin Or
Thursday, 26 November 2020, 12:29
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It is likely that during the years of your life you will be required to provide legal assistance in some area.
Whether it's selling an apartment, drafting a will, managing a case in court, or any other issue - we all sometimes need the guidance of a lawyer.
No matter what purpose you hire the services of a lawyer, it is very worthwhile to make sure that you do so before a lawyer who is knowledgeable in the field in question, but beyond that, it is advisable to make sure that beyond mastery of the field, the lawyer also knows how to listen and understand exactly what you want to achieve. The procedure.
Every interaction between people requires the use of interpersonal tools - both a meeting between friends, also a chance meeting on the street.
Professional interaction is not unusual or different in this context.
Every professional, and certainly a lawyer, is required to use two different systems of "tools".
One is the professional toolkit - legal knowledge, law and case law control and understanding of the legal umbrella, and the other is the interpersonal toolkit, which is not studied in the Faculty of Law.
This is true for any lawyer, but it is doubly true in a case where the lawyer is making a continuing power of attorney, a will or establishing a trust.
A good example of this can be taken on loan from the world of architecture.
When an architect wants to build a villa for a client, he must be familiar with the set of planning, design and technical tools that underlie the propecia.
However, in order to build a home for the customer of his dreams - he must understand the goals, desires and needs of the specific customer in front of whom he is working, and adapt the home in the most accurate way to his dimensions.
Similarly, a professional lawyer must also be familiar with the laws and rules relevant to the issue, but no less important, he must present the desired result to the client, otherwise it will be very difficult, if not impossible, to help him achieve the same result.
Very extensive legal knowledge will not help in this case, if the lawyer did not know how to understand the wishes of the client.
Will application
But how will the lawyer best understand the client's goals and desires?
The answer to this on the face of it is simple - the lawyer must listen to the client with great attention.
However, these days, when we are inundated with information, in a hurry and have difficulty concentrating on one thing - we have somewhat lost the ability to listen to another person effectively and meaningfully.
Beautiful in this regard is the words of the legendary writer Ernest Hemingway:
"When people talk listen completely. Do not be thinking what you're going to say. Most people never listen. Nor do they observe."
How will the lawyer best understand the client's goals and desires?
(Photo: ShutterStock)
A significant tool for real listening to a customer is called "active listening" (active listening) or "empathic listening".
I have specialized in this tool during my training and occupation as a mediator, and is a significant tool not only for lawyers, but also for those involved in the fields of therapy, counseling, mediation and many other areas dealing with human relationships.
The International Listening Association (ISA) defines the concept of active listening as a process of acceptance, constructing meaning and responding to verbal or non-verbal messages.
In fact, it is a number of actions that make it possible to listen and understand another person in a way that benefits the speaker, and which improves the discourse itself and the relationship between the parties.
From my personal and professional experience I have found that using active listening helps me in any interaction with another person - not just as a mediator but as a person, as a spouse and as a lawyer.
In this process, three principles must be applied, which seem to be self-evident, but it turns out that many times they are not:
the first principle:
to listen to the speaker with great interest and to express it actively.
The second principle:
to refrain from expressing any kind of criticism of the speaker's words, and to accept them verbally for the purpose of the conversation, in many cases repeating the content of the words in the same words or in other words.
The third principle:
to ask open-ended and broad questions, whose role is to help the parties understand things in depth.
Tapping is especially important when working with seniors (Photo: ShutterStock)
For seniors, family, inheritance and estate attorneys, the use of this tool is especially important.
Naturally a continuing power of attorney, post-mortem trust, wills and similar documents, their purpose is to give validity and voice to a person, having lost his ability to express his will.
That is, the role of the lawyer in these cases is to accurately reflect the client's wishes, and to ensure that his wishes are carried out after his death.
Dozens of studies show that active listening has many benefits, including improving and building relationships, strengthening trust between the parties, increased sense of empathy, improving the speaker's confidence and empowerment, improving sales skills, better working relationships and many other benefits.
While it is worthwhile and recommended for any lawyer to specialize in active listening, for those who edit such documents, this professionalism is a must.
Such a lawyer must build a courageous and strong relationship with his clients both by virtue of his work as the primary factor designed to protect them in the event of death or cognitive incompetence, and by virtue of the nature of the documents themselves, which are inherently very personal, sensitive and mutually trustworthy.
From the deposit of a will to an online application for a will
Active listening allows attorneys who are involved to be at the forefront of professional change, to hear the needs of our clients and peers in the profession and to make adjustments.
Recently, the areas covered in this article are undergoing radical changes.
In the past, a "regular" will was the most familiar issue in the context of the third age and inheritance law, but today the foundation of a continuing power of attorney and reciprocal wills dominates the dome.
Moreover, during the corona period great changes also occur in the legal worlds - an online application for a will replaces the old will deposit, which was physically executed and a handwritten will is used by many lawyers as a tool to make wills without having to meet clients and sign witnesses.
Thus, listening and attention allow us to help clients not only in the personal aspect but (and perhaps most importantly) in the professional aspect.
Or Adini
, an attorney and mediator with extensive experience in drafting various legal documents, including in the field of inheritance and personal status. A pleasant process that leads to an optimal
result.This article was published for general information only.The article is not intended to be used as legal advice and is not a substitute for professional legal advice.The information contained in the article does not constitute a recommendation to make or not make any move.
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