In today's competitive environment the possession of superb technical skills is not enough, nor does an encyclopedic familiarity with the law guarantee success. Knowledge and technical proficiency are prerequisites to success but no more or less than what today's client expects of a good lawyer. In addition to these skills the exceptional lawyer must have the ability to work effectively with people.

There is perhaps no other profession where it is so important to quickly establish rapport. The initial client interview, the brief to an official, board or judge, daily interactions with colleagues, staff and perhaps even the media offer only a few examples. Yet in today's pressurized universities and law schools little time and even less resources are directed toward teaching future lawyers how to work with people.

There are many features that may be found in relationships characterized by rapport, but the one essential element that is always present is trust. True rapport demands it and the professional should understand that for trust to be established three conditions must be met:

• Dependency - If we are to give our trust to another, that person must be, or at least must be perceived to be, in a position to affect or influence us m some important and positive way.

• Predictability - We must have some level of confidence in our expectations as to the behavior of the trusted person, that is, we must perceive the trusted person as being competent.

• Freedom of Action - Trust cannot be compelled. We must feel that there are alternatives to giving our trust to another and thus increasing our vulnerability to that person.

  Applying these criteria to your client relationships it becomes obvious that trust in that relationship revolves around predictability. By the nature of the client-lawyer relationship dependency exists and the client, always has alternatives in addition to accepting the advice of counsel.

  It is the lawyer who can influence the level of confidence the client has in his predictions as to the behavior and competence of that lawyer that will establish greater trust with that client.

  The question begs, What can I do immediately to influence in a positive way the confidence the client has in my capabilities and character? How can I demonstrate to the client unfamiliar with my work - my competence? It is here that you must start if you hope to establish greater trust and consequently greater rapport with your clients, colleagues or other key actors in your life.

  For literally thousands of years mankind has been searching for models that might explain and consequently enable us to predict human behavior. Hypocrites spoke about temperaments - the melancholy, choleric, sanguine, and so on. Carl Jung did considerable work on personality types in the early 1900's and his work has been modified by David Merrill, Roger Reid, Carroll Startle at Ohio State University and others.

  By learning to identify the personality or social style of those with whom we must communicate or negotiate we can modify our approaches to them in such a way as to minimize the interpersonal blocks and conflicts which stand in the way of the establishment of trust. The behavioral styles model is a very effective tool in allowing us to do just that. The model below suggests that there are four broad behavioral styles determined by two key parameters - Expressiveness (E) and Assertiveness (A):
  

  The Dreamer (High E, High A)

  The dreamer is both assertive and emotionally responsive. Spontaneous, outgoing and enthusiastic, they seek involvement with others and dislike working alone. They usually exhibit high energy but may over commit. While highly persuasive, the dreamer will tend to exaggerate or take too general an approach.

  The Supporter (High E, Low A)

  The supporter is also expressive and people oriented but unlike the dreamer may demonstrate lower levels of assertiveness. They tend to be cooperative and seek close personal relationships. Slow in action and decisions, the supporter dislikes and may seek to avoid interpersonal conflict, sometimes at great cost. The supporter as their epithet suggests, is highly supportive of others, but interestingly may have difficulty setting personal and professional goals.

  The Thinker (Low E, Low A)

  The thinker is neither assertive nor expressive. Cautious in both action and decision-making they seek organization and structure and are fact oriented. The thinker dislikes involvement with others, preferring instead objective task-oriented work. They are not the most creative people, but demonstrate exceptional problem-solving skills.

  The Commander (Low E, High A)

  The commander is highly assertive but task oriented. They are strong and independent, firm in action and decisions and demand control. Commanders are both pragmatic and efficient but often have a low tolerance for the feeling of others. They work quickly, decisively and impressively, but they work alone. Their greatest strength lies in the administrative abilities. Their focus is on the big picture and the bottom line.

  There is no one single style that should be viewed as inherently better than any other, however a particular style may be more or less appropriate to a given situation or environment. Take the following brief quiz to determine which style you tend toward. For each item put a number two in the space provided if you generally agree with the statement. Enter a zero if you disagree with the statement and enter a one if you feel you can neither agree nor disagree with the statement.
   

  Behaviour Quiz

  1. 1 would rather work with people as a member of a team than work alone.

  2. My pace is rapid at work, fact and make decisions quickly.

  3. 1 often show my feeling to those with whom I work.

  4. When I disagree with a client or a colleague I generally tell them so, even when they do not like it.

  5. Being well liked and building good relationships is at least as important to me as getting the job done.

  6.1 have no problem saying no to my boss (or spouse).

  7. In my practice, I often make decisions based more on intuition than fact.

  8. l am not afraid to make risky decisions at work and often do.

  9. lam more outgoing and enthusiastic than most others in the office.

  10. 1am more assertive than most of the people I work with.

  11.1 consider myself to be feelings oriented.

  12.1 drive myself and others to achieve organizational goals.

  13.1 consider myself to be creative and imaginative.

  14.1 stand up for my beliefs and opinions even though it sometimes upsets others.

  15. I consider my people skills to be better developed than my problem solving skills.

  16. At business meetings I speak more than most of the others in attendance.
   

  Scoring

  Expressiveness: Add up all the odd numbered responses, then multiple by 5 E =

  Assertiveness: Add up the even numbered responses, then multiple by 5 A=

  To plot your behavioral style begin at the zero in the lower left-hand corner and move up to the number you have for Expressiveness (E). Next move across from that point to the number you have calculated for Assertiveness (A).

  By identifying your individual behavioral style and learning to accurately predict the style of your clients and colleagues you can then modify your behavior with, and approaches to, those people so as to build greater trust and rapport with them.

  The most toxic relationships, that is, the relationships where trust is least likely to exist are the diagonals. Dreamer-Thinker or the Supporter-Commander interactions. These combinations are the most difficult because the actors have nothing in common in terms of style.

  Imagine the dreamer lawyer trying to communicate or negotiate with the thinker client. The client seeks specifics, wanting to examine the nature of the down-side risk. The client wants to be careful - to go slowly. She may have difficulty expressing the discomfort the uncertainty causes her. Her demeanor is quiet, almost nervous. Her lawyer, on the other hand comes on strong in the belief that he is instilling confidence but rather he tends to overwhelm the client with his expressive nature and his need to control. He may stress too much the positive aspects of the thinker's case minimizing his client's concerns assuring the client that her questions are either irrelevant or at least do not need answering.

  Likewise, a difficult lawyer-client relationship is the one between the dam-the-torpedos-full-speed-ahead commander and the kind, sweet, emotive and gentle supporter. The commander is concerned with the big picture and the bottom line while the supporter, in contrast, is concerned with feelings and the impact that decisions may have on relationships.

  Conflict exists between adjacent behavioral styles but it is never as great as between diagonally opposed styles, because in the former case the actors always have something in common.

  Often one of the greatest challenges comes when two or more individuals from the same quadrant seek consensus. Think of the three commanders holding opposing views attempting to set policy at the partners meeting. Without some predetermined pecking order bloodshed may result!
   

  Building Behavioral Bridges

  The following suggestions will lead to greater rapport and less interpersonal conflict with each of the four styles.

  Dreamer

  Try to be fast moving and entertaining but avoid engaging the dreamer in argument because this will lead to defensive behavior on their part. Support the dreamers future oriented approach but also follow-up any important meeting with something in writing. Remember the dreamer is not detail oriented and often has many other irons in the fire. Do not involve the dreamer too heavily in details when you are discussing ideas and in delegating to them make sure they have a clear understanding as to what is required.

  Supporter

  Show a personal interest in the supporter and be a good listener. When you disagree with them be sure to discuss feelings as well as facts. Set specific goals in consultation with them, for as we have seen, one of their greatest weakness is their lack of proactivity. Finally when it is necessary to correct the supporter try to separate the conflict or criticism from their persona.

  Thinker

  Support the thinker's thoughtful organized approach and be well prepared for your meetings with them. Recognize that you will not convince the thinker by admonition alone. Convince them through your actions Remember that the written word has great impact on the thinker so put it in writing. Do not rush them and in delegating to them take time to answer their questions, for in so doing you are providing the structure the long for.

  Commander

  Provide the commander with actions and alternative for decision making. Discuss and debate outcomes not procedures. Be precise and be on time. Argue the facts, not your personal feelings and in delegating to them give them the bottom line and get out of their way. Yes, provide guidelines but do not be too specific in telling them how to accomplish the goal.

  The behavioral styles model does not suggest that we should seek to become human chameleons, but the rudimentary principle on which it turns is that people tend to develop a higher level of trust and consequently establish greater rapport with those who demonstrate social characteristics and communication styles consistent with their own.

  All models are by definition simplifications of the real world, but few constructs can go as far as the behavioral styles concept in providing avenues whereby we can reduce interpersonal conflict. In a profession where so much depends on your ability to establish trust and rapport it can provide a new and effective tool for enhancing your ability to work with people. 
  Past Articles
  Procrastination - Overcoming Inertia
  The State of the Boss/Assistant Union