Module 2

Preparing the conversation: facts, goals, channel, timing, setting and yourself

Most of the quality of a difficult conversation is decided before it begins. A lawyer who has checked the facts, knows what she wants from the conversation, has thought about the person who will hear it, has chosen the right channel and time, has the options clear and has rehearsed the first sentence can speak simply and stay steady when the reaction comes. A lawyer who has done none of that tends to ramble, over-explain, give way to the first strong feeling and leave the room wishing that she had begun differently. Preparation does not take long, often ten or fifteen minutes, but it must be done, and it must be done before the call is made and not while the phone is ringing. This module sets out what to prepare: the facts, your goal, what you know about the listener, how and when and where to say it, who else should be there, the options and recommendation, the first sentence and your own state of mind, and plans for a reaction that may be difficult or unsafe. The Channel and Timing Planner in the labs turns eight facts about a situation into a recommendation. All the people are invented.

General education on giving bad news and handling difficult conversations, using invented people, firms and matters. It is not legal advice, and it does not state the professional rules, employment law or insurance requirements of any country. Those differ and change: check the rules that apply to you and take advice.