As a legal director and in-house counsel at a global company, I find working with a diverse group of lawyers to be an enriching experience. You learn about other cultures, legal systems and how other lawyers work and think. For an effective global legal team, these are the minimum requirements, because such a diverse group of lawyers is fundamental in supporting business.
But that does not mean it is always easy. If it were easy, the benefits of a diverse organisation would be easy to come by.
This article contains some of the lessons I have learned through my years of practice. I have studied and worked as a lawyer at home and abroad, working in two languages (and surrounded by other languages), in various legal cultures and with a diverse group of people. I can also offer a perspective on first and second languages.
Do not underestimate
For many, English is our first language. When a second-language speaker is communicating in our first language, particularly in a legal setting, our command of the language will likely be stronger, perhaps significantly. We will likely express ourselves more easily and quickly, especially in group settings.
Do not mistake this for intelligence. We may have a tendency to think that our opinions and views are better because we sound better and more natural in conversation. This impulse should be resisted. Do not underestimate the intelligence of a second-language speaker. If anything, second-language speakers may be smarter than you, for it means they can speak and work in at least two languages (including yours). By underestimating people, you potentially let your guard down and open up your client or company to risk.
Make an effort to involve them
First-language speakers tend to dominate conversations, especially in a group. This can also lead to a cycle where second-language speakers may hesitate to join the conversation. And that is a real shame, because you lose the benefits of cultural and viewpoint diversity which can make a global team special. As first-language speakers, you should consider allowing more time for second-language speakers to give their thoughts. That could mean pausing, listening ‘to the end of the sentence’ or actively soliciting the opinions of the second-language speakers. Their views are no less valuable because they may need more time to express them or because the language used may not be as elegant.
As first-language English speakers, recognise the luxury of the position you are in. In most international settings or meetings, you can speak, listen, write and read in English. Consider how much easier that makes your job. If you have ever worked, studied, or hobbied in a second language, you know how hard it can be – and how your second-language colleagues and business partners feel every day.
Probably not so shy
In an international setting, some second-language colleagues are assumed to be shy because they may not speak up as much or as often as first-language English speakers. Chances are this has nothing to do with shyness (it can also be cultural or personal), which means we should make an extra effort to ensure their voices are heard. It would be unfortunate not to benefit from good points or solutions because we are dominating the conversation on the assumption that others are shy.
Watch the slang and jargon
All first-language speakers use local slang and jargon, and lawyers are no exception. We should be careful though in an international team not to overuse these expressions and avoid lesser-known or exotic expressions. They may sound great to a handful of other first-language speakers in your team, but in an international setting, you may fail to communicate. That is a big risk with international clients. Refining your own speech can be a challenge for first-language speakers but is very doable. You should immediately notice that you are communicating and understanding each other better.
Moreover, do not assume that everyone in your international team understands local cliches, sports references or vague (and often hackneyed) business jargon. These references creep into many a business conversation. Know your audience. Chances are, in a diverse, international setting, not everyone will know what it means if you are ‘out of pocket’, or when someone is being a ‘Monday morning quarterback’, or what is expected if we ‘run it up the flagpole’. Also note that ‘86-ing’ these phrases is not dumbing down the conversation. It is actually challenging you to be clearer and more precise.
It’s not you, it’s me
Sometimes the problem lies not with the second-language speaker’s ability to understand, but rather with the first-language speaker’s ability to effectively communicate.
We overestimate how wonderful, clear and cogent our language and communication is in our first language. We may get away with our imprecisions and errors when speaking with another first-language speaker. But with second-language speakers, we are the ones who need to be on top of our game. Slang, jargon, incomplete thoughts or sentences, trailing off, failing to give essential facts and background – all this can (rightfully) go over the head of any speaker, not just second-language speakers. And that tends to be the part first-language speakers can more easily correct.
Many of us, even lawyers, are simply not good communicators, story-tellers or generally able to ‘start from the beginning’ and explain a matter step by step. When a second-language speaker stares at you blankly, pauses on the telephone call or asks you to repeat something – do not assume it is because they don’t understand you as a consequence of their imperfect second-language skills. Your own communication may be creating the misunderstanding. And no amount of repeating the sentence or talking louder will change that.
Similarly, do not assume that switching to their first language will clear up the misunderstanding. While it may help eliminate expressions like slang or jargon, if you are still not providing essential facts, background and context, the chances are your partner will still be just as confused as before. This can also be a touchy issue. Switching languages abruptly can be considered offensive because it may convey: you clearly cannot speak my language, so I guess I have to speak yours. Make sure your own communication is clear before assuming the blame lies with the listener.
Give them a chance
Speaking a second language in a legal context is a big challenge. Be respectful when someone is taking the time to learn and speak your first language. In my own language journeys – both personal and professional – there have always been first-language speakers who were patient and accepted that I would make mistakes. But we found ways to keep communicating. This time investment is enriching for both parties and can build a bond between colleagues and business partners.
Lindsay James, director of legal affairs for Arrow Electronics (NYSE:ARW), is based in Neu-Isenburg, Germany, and is licensed to practise law as a solicitor in England and Wales and as an attorney at law in Michigan
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