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Writer's pictureMs. Unnati Divecha Patel

Emotional Intelligence in the practice of the Law


Emotional Intelligence in the practice of the Law

Emotional intelligence (A.K.A. “EI” or “EQ” for emotional quotient) is the ability to perceive, interpret, demonstrate, control, evaluate, and use emotions to communicate with and relate to others effectively and constructively.

EQ is one of the most important skills that you should possess in (and outside) the workplace and, in my opinion, arguably more essential than IQ. Lawyers with high emotional intelligence are more likely to stay calm under pressure, resolve conflict effectively, and respond to colleagues with empathy. Consequently, a lack of emotional intelligence skills often results in workplace conflicts and misunderstandings.


Unlike IQ, which is largely genetic – it changes little from childhood, the skills of emotional intelligence can be learnt at any age. While this is not easy, and growing your EQ takes practice and commitment, the payoffs are well worth the investment.

Some examples and signs of EQ are:

  • An ability to identify and describe what people are feeling, i.e. your ability to read the room and be perceptive about the other person's emotions.

  • An awareness of personal strengths and limitations.

  • A strong sense of curiosity, particularly about other people.

  • Feelings of empathy and concern for others and showing sensitivity

  • Be proactive rather than reactive and pre-empting how a situation may unfold.

Emotional intelligence is a basic requirement no matter where you are in your legal career - especially if you occupy a leadership position. The technical skills that helped secure your promotion might not guarantee your next.


In my opinion, using one’s emotional intelligence is closely linked to be an all-round successful lawyer. As a legal practitioner, one has to deal with numerous individuals and stakeholders as part of work – i.e. if you are an in-house counsel, you have to work with numerous stakeholders within the organization, outside the organization, within your legal team, etc. Similarly, if you are an advocate practicing in litigation, you have opposing counsel, your seniors, juniors, clients and last but not the least, the judge! These are all human beings at the end of the day and each one is fighting a battle that you know nothing of.


Having an overall perception of what could affect the counterparty’s behavior and even pre-empting certain things will immensely benefit a lawyer with good EQ – circumstances and emotions are big driving factors. A colleague that just lost their parent, a reporting manager who just delivered a baby, a stressed-out client who has a lot to lose if the case does not go in his favour, an overworked and under slept junior associate, are all cases that would warrant a different response from a lawyer working with any of these individuals. The intuition of a lawyer would aid him / her greatly by sensing when something is not favorable – i.e. if your client seems upset about something, you may want to tweak your tone or try and address why they are upset.


It has been more than a decade since research first linked aspects of emotional intelligence to business results. The late David McClelland, a noted Harvard university psychologist, found that leaders with strengths in a critical mass of six or more emotional intelligence competencies were far more effective than peers who lacked such strengths. For instance, when he analyzed the performance of division heads at a global food and beverage company, he found that among leaders with this critical mass of competence, 87% placed in the top third for annual salary bonuses based on their business performance. More telling, their divisions on average outperformed yearly revenue targets by 15% to 20%. Those executives who lacked emotional intelligence were rarely rated as outstanding in their annual performance reviews, and their divisions underperformed by an average of almost 2%.


How does a lawyer motivate direct reports? Manage change initiatives? Handle crises? How does a lawyer rate in terms of self-control and social skills? Does a lawyer show high or low levels of empathy? It is pertinent to note that each lawyer’s immediate sphere of influence will determine the “climate” for such lawyer. You have the power and you set the tone. Your EQ will influence your law firm / legal department’s working environment: its flexibility – that is, how free other lawyers feel to innovate unencumbered by red tape; their sense of responsibility to your law firm / legal department; the level of standards that people set; the sense of accuracy about performance feedback and aptness of rewards; the clarity people have about mission and values; and finally, the level of commitment to a common purpose.


Emotional intelligence is the ability to manage ourselves and our relationships effectively. The legal profession is a very multifaceted one - in view of the technical knowledge that one is required to possess and apply as well as all the complexities involved in the practice of the law.


In conclusion, while emotional intelligence is not a new concept, I believe it is more helpful and interesting to consider how crucial it is for effective performance as a lawyer. A person’s ability to perceive, identify and manage emotion provides the basis for the kinds of social and emotional competencies that are important for success in the legal field. Additionally, as the pace of change increases and the legal world makes even greater demands on a lawyer’s cognitive, emotional and physical resources, this particular set of abilities will become increasingly important. By: Ms. Unnati Divecha Patel , General Counsel

 

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