Professionalism can mean a lot of things to different people. Most of us take steps every day to maintain a professional image with clients and our colleagues. But ironically, we sometimes give more scrutiny to the shoes and suit jacket we’ll wear to work than we do to our communications.
What you say (or write) can be held against you
From e-mails and faxes, to phone calls, most of us will communicate hundreds of messages, both verbally and in writing on a typical day. But it’s the rise of text messages, and the dozens of other apps like Whatsapp, Messenger, etc. that has dramatically changed how, and how often we communicate now.
With the shift to these types of channels, has come a shift in our messaging and approach. Skipping greetings and the formalities of a letter are taken for granted. And our approach takes on a less formal, more direct approach that more closely matches our personal style that we might use with friends or family.
The challenge becomes when this lack of formality starts to erode our professionalism, particularly when this communication comes up as part of court proceedings, and suddenly the words used, as well as the tone and level of professionalism, make a difference to your credibility.
Often in court, the judge will review the “paper trail” of messages between parties as they seek to decide the case. In some cases, the communication helps support the evidence of the licensee, but sometimes it doesn’t.
Does your communications help or hurt you?
Help
Credibility is often an issue in lawsuits. In one case I handled, the plaintiff’s written communications and instructions to their real estate agent (my client) were replete with emojis with violent images (a blazing gun) and swearwords (starts with an “f”). For the most part, my client kept it classy and did not respond in kind.
At the end of the day, the court preferred my client’s evidence over that of the plaintiff. I can’t say with certainty that the plaintiff’s emojis or salty language helped my client win, but the professional impression of this agent managing a difficult client certainly didn’t hurt.
Proper documentation of important matters like instructions or advice is also critical. In several cases, a buyer has claimed that certain criteria – such as property size or a certain feature being included – was a crucial factor in the property purchase. However, after looking through several dozen text messages and emails with the buyer, there was no evidence of the buyer ever raising the issue, let alone pointing out the importance of it. When that happens, I can tell the judge it’s unlikely the matter was important to the buyer and the silence speaks volumes.
Hurt
In other cases, licensees have been less than professional and sometimes inflammatory in their communications including:
- using expletives or inappropriate language or emojis in communications with any party to the deal;
- sending emails or text messages between licensees on a transaction where they have insulted their clients or each other’s clients;
- delivering communications with the other side of a transaction using unprofessional language and highly aggressive tones, purportedly on the instructions of the client.
In some cases, the unprofessional communication inflames an already tense situation, leading to lawsuits that may not have otherwise occurred.
Top 3 professionalism takeaways
- Be accurate and complete – thorough, professional communications make you look good to your client and to a judge (plus you’re more likely to be given the benefit of the doubt in court)
- Keep it classy – assume a judge or regulator will be reading your correspondence. If your client instructs you to send unprofessional communication to the other side of a transaction, caution them about the consequences of unprofessional communication and recommend toning down the rhetoric. If your client insists, send the communication as a direct quote from your client or otherwise make clear that those are not your words, but they’re being sent on the “instructions of your client.”
- Keep things cool – one of my first mentors in law once told me, “It’s very easy to turn up the heat, but very hard to turn it down later.” When it comes to unprofessional communication, that’s certainly the case.
Your professionalism pocket translator
Sometimes having an example or two can help guide us in the right direction, quickly and easily. Try using some of these more professional alternatives – based on real world examples – to make a smart choice:
| What you want to do | Translation |
| Tell the licensee on the other side of a deal to “go suck eggs” | My client isn’t agreeable to your client’s position |
| Ask your client “How could you have been stupid enough to do that?” | What led you to make that decision? |
| Say “It’ll be a cold day in hell before my client agrees to that” | My client doesn’t accept that |
| Say to your client “Do you want to buy this f…ing property or not?” | Do you want to buy this property or not? |
| Say to the licensee on the other side of the transaction “I wish I could help but my client is a jerk and is being extremely stubborn and difficult.” | I don’t have any instructions at this time. |
Of course, I’m being a bit cheeky and poking some fun here. But my underlying message is a serious one: If you find yourself in court one day in front of a judge, what would you want your messages to say about you and your behaviour?
Best of luck and, as Will Ferrell says in Anchorman, “Stay classy BC!”
