Page 23 - Law Society of Hong Kong MPMC Manual v8 - With checklists (1 March 2018)

Practice Management Course | Unit 3
Talent Management

5. To successfully engage in open and honest communication within a group, it is
necessary to acknowledge and deal with some of the fears that people have in
being open and honest. For example, some lawyers:

• Are reluctant to engage in open and honest communication for fear of looking
stupid – after all, they are supposed to be experts.
• Will agree with the opinions of superiors, rather than being honestly critical.
• Will withhold constructive criticism in order to avoid rocking the boat and
creating tensions within the workplace.

6. One key aspect of encouraging communication is to specify team objectives as
clearly and precisely as possible. Having clear goals provides a context for open and
honest communication. Further, once goals are delineated, it becomes easier to
ascertain whether any latent conflicts arise from disagreement over how to
implement these goals, or disagreement over the goals per se. That said, being too
precise in goal specification may often result in excessive rigidity in decision-
making, which stifles communication. It is important to balance clarity and
flexibility in specifying team goals.

7. In addition, lawyers should:

• Encourage others by supporting their ideas when they present them (if
they agree).
• Not dismiss or disparage anyone else’s suggestions (or opinions) outright,
just because they do not agree. They should ask questions to better
understand why that person thinks it would work and provide ideas to
improve the suggestions where possible.
• Give suggestions about what has and has not worked in the past, and how
they can make the situation different this time around.
• Have a clear approach to team meetings. The team should have clear rules
of engagement for behaviours and attitudes when communicating in
meetings with respect to challenging ideas and being open and honest. It is
then up to the leader and group to make sure these rules of engagement
are followed.
• Be mindful that constantly challenging ideas and decisions can sometimes
be perceived as negative. They should balance this out with times where
they support other people’s ideas.
• Set an example by giving their own opinions.

8. Given the significance of open and honest communication, lawyers should focus on
maximising such communication, increasing their commitment to it, and getting
other team members to increase their commitment as well.

Engaging in constructive conflict
9. In a team that engages in constructive conflict, team members are willing to give
their opinion and are not afraid to stand up for their opinion. They have evidence
that supports their opinion, and they are willing to engage in debates to find a
better solution or outcome.

10. In particular, engaging in constructive conflict entails:

© The Law Society of Hong Kong (2018) Page 19