Is Eye Contact Overrated?
You probably know that eye contact enhances trust and empathy when you’re talking with someone, but did you know you don’t have to actually look into their eyes to get the desired effect?
Looking at their mouth, nose or ears works just as well.
“People don’t need to mindfully look at the eyes of their audience to be perceived as making eye contact during face-to-face conversation,” according to this study by researchers at Edith Cowan University. “Simply gazing somewhere around the face or head will suffice.”
This is good news in the Age of Zoom, where it may be difficult to make direct eye contact with a face appearing in a tiny box on your computer screen.
The takeaway: being an attentive, careful listener is more important than staring straight into their eyes.
Read the eye contact study here. Here’s another study on the importance of the “mutual gaze.”
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NC Rule of Professional Conduct 1.4 Communication
(a) A lawyer shall:
(1) promptly inform the client of any decision or circumstance with respect to which the client’s informed consent, as defined in Rule 1.0(f), is required by these Rules;
(2) reasonably consult with the client about the means by which the client’s objectives are to be accomplished;
(3) keep the client reasonably informed about the status of the matter;
(4) promptly comply with reasonable requests for information; and
(5) consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.
(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
Comment [1] Reasonable communication between the lawyer and the client is necessary for the client effectively to participate in the representation.
Comment [3][T]he lawyer [must] consult with the client about the means to be used to accomplish the client’s objectives. In some situations - depending on both the importance of the action under consideration and the feasibility of consulting with the client - this duty will require consultation prior to taking action. In other circumstances, such as during a trial when an immediate decision must be made, the exigency of the situation may require the lawyer to act without prior consultation. In such cases the lawyer must nonetheless act reasonably to inform the client of actions the lawyer has taken on the client's behalf. Additionally, paragraph (a)(3) requires that the lawyer keep the client reasonably informed about the status of the matter, such as significant developments affecting the timing or the substance of the representation.
Comment [5] The client should have sufficient information to participate intelligently in decisions concerning the objectives of the representation and the means by which they are to be pursued, to the extent the client is willing and able to do so. Adequacy of communication depends in part on the kind of advice or assistance that is involved. For example, when there is time to explain a proposal made in a negotiation, the lawyer should review all important provisions with the client before proceeding to an agreement. In litigation a lawyer should explain the general strategy and prospects of success and ordinarily should consult the client on tactics that are likely to result in significant expense or to injure or coerce others. On the other hand, a lawyer ordinarily will not be expected to describe trial or negotiation strategy in detail. The guiding principle is that the lawyer should fulfill reasonable client expectations for information consistent with the duty to act in the client’s best interests, and the client’s overall requirements as to the character of representation.
Read NC Rule of Professional Conduct 1.4 here.
Jay Reeves is author of The Most Powerful Attorney in the World. He practiced law in North Carolina and South Carolina. Now he writes and speaks at CLEs, keynotes and in-firm presentations on lawyer professionalism and well-being. He runs Your Law Life LLC, where he helps lawyers add purpose, profits and peace of mind to their practices. Contact jay@yourlawlife.com or 919-619-2441.
