Biglaw

What She Says; What He Hears

Some advice on how to communicate, courtesy of in-house columnist Mark Herrmann.

dartboard pen inside straightI’m making my first speaker female and the second male simply for the sake of variety.

First, the conversation with her secretary.

What she says:

“No rush.”

What she means:

“I see you’re running for the bus. Don’t stay late to do this. If you get it done first thing tomorrow morning, that will be fine.”

What he hears:

“Never.”

Second, the conversation with opposing counsel.

What she says:

“We might pay $50,000 to $100,000 to settle this case.”

What she means:

“I have authority for $75,000.”

What he hears:

“She just offered $100,000. I bet I can squeeze $150,000 out of her.”

Third, the partner talking to the associate.

What she says:

“I need it by Tuesday.”

What she means:

“Monday would be nice.”

What he hears:

“It can probably wait until Thursday.”

Finally, talking to the client about the cost of preparing for trial.

What she says:

“The case should probably cost $500,000 to the morning of trial.”

What she means:

“But nothing is predictable. And the Lord works in mysterious ways. And if it goes to a million, I wouldn’t be surprised.”

What he hears:

“I’ll budget $500,000, and I might beat that by a few bucks.”

Say what you mean. Maybe it would help.


Mark Herrmann spent 17 years as a partner at a leading international law firm and is now responsible for litigation and employment matters at a large international company. He is the author of The Curmudgeon’s Guide to Practicing Law and Inside Straight: Advice About Lawyering, In-House And Out, That Only The Internet Could Provide (affiliate links). You can reach him by email at [email protected].