Divided by a Common Language? Or by a Different Culture?
In this short article I want to address the extent to which cultural differences can be a block or a barrier to communication and integration between lawyers. The context I am going to address is US / UK – two cultures with which I am very familiar, having consulted to multiple senior lawyers in the US and having both lived and worked as a lawyer in the UK and consulted to numerous lawyers (and law firms) in the US.
It is often said that the Americans and the British are divided by a common language. I agree that this is often the case, with a lot lost in translation between ‘British’ English and ‘American’ English and vice-versa. But to my mind it is cultural differences that are equally common barriers to communication and integration between lawyers; and that is the topic for this article.
Cultural differences and why they are so important
Why are cultural differences so important and why can they mess things up? Why can enhanced cultural understanding make for better and more productive working relationships?
I spend a lot of my time helping lawyers to understand the importance of understanding the impact of personality differences on their ability to communicate and work effectively and impactfully with other lawyers. Having high self-awareness and a good understanding of the personality of those you are interacting with can make for a smooth working relationship and enhanced productivity. Correspondingly, having low self-awareness and not really ‘getting’ the personality of those you are interacting with can make for difficult, dysfunctional and deeply unproductive relationships.
It is just as important, in my view, to have a good understanding of cultural difference – to understand the difference between ‘my’ / ‘our’ culture’ and ‘your’ culture. There are profound cultural differences between the way things are ‘done’ in different cultures and failing to grasp these differences can cause an almighty mess. Cultural intelligence can be every bit as important as emotional intelligence.
A couple of illustrations drawn from my experience.
- British culture favours self-deprecation and ‘playing it down’. It is not the ‘done’ thing to oversell oneself, either internally or to prospective clients. American culture is more accepting of self-promotion. UK lawyers trying to build relationships with, or to win business from, American lawyers and who sell themselves short are likely to lose out to those who are less shy to trumpet their credentials and experience. By contrast an American lawyer who goes in too hard on a pitch to a UK lawyer might well derail the relationship before it starts. Better by far to go a bit slower and build rapport before reeling off your achievements.
- It is almost impossible to spend any length of time in the US without the conversation turning to college football, basketball or baseball. Showing a modicum of interest in college football or a lawyer’s favourite sport can help a UK lawyer when building a working relationship as much as showing an interest in a colleague’s family or other interests. Having no small talk that connects with this aspect of US culture can create distance between a UK lawyer and his or her US counterpart.
Practical Implications: Where Friction Arises
I have encountered a range of areas where cultural misalignment can have profound practical implications, either making relationships more fraught or at worst derailing them:
- Law Firm Mergers: When firms from the UK and US merge, integration issues often stem from differing cultural attitudes towards hierarchy, leadership, and communication. For instance, American partners might favour open discussion and feedback from the get-go, while UK counterparts may find such openness premature and prefer to wait for trust to emerge. UK law firms often favour long term goals, in my experience, whereas US organisations often have a sharp focus on relatively short terms quarterly numbers.
- Negotiations: In cross-border negotiations, a US lawyer’s assertiveness can play badly – sometimes disastrously – with a UK lawyer and be seen as aggressive. Conversely, a British lawyer’s measured tone might be misread as lack of conviction. It can, at the extreme, result in a lawyer getting sacked by a client. I have seen this happen in practice.
- Client Management: Expectations around responsiveness and reporting may differ. US clients might expect detailed, frequent updates and overt expressions of confidence, whereas UK lawyers may be more reserved and cautious in their communications.
- Internal Communications: The same can apply to internal communications – UK lawyers are typically more introverted than US lawyers. UK lawyers will tend to roll their eyeballs (or internalise the same feeling) when US lawyers talk constantly about how excited they are by a particular project or interaction. UK lawyers can similarly lose interest when faced with what they see as US jargon or hype. US lawyers often get frustrated by what they see as passive communication (not being proactive; underpowered; weak) on the part of their UK colleagues or counterparts.
Bridging the Gap: Practical Tips for Lawyers
To mitigate the impact of cultural differences, lawyers in both jurisdictions can adopt some key strategies:
- Develop Cultural Self-Awareness: Understanding your own cultural tendencies is the first step. Are you uncomfortable with ambiguity? Do you prefer hierarchy or flat structures? Self-awareness helps you identify points of tension before they escalate.
- Adopt a Curious Mindset: Rather than assuming bad intent, approach differences with curiosity. Ask clarifying questions and seek to understand your colleague’s reasoning.
- Adapt Communication Styles: UK lawyers may need to be more direct when working with American colleagues, while US lawyers should temper assertiveness and avoid interrupting, which can come across as rude in UK contexts.
- Clarify Expectations Early: Discuss preferred working styles, reporting methods, and feedback mechanisms at the outset of a project. Misalignment often stems from unspoken assumptions.
- Use Cultural Intelligence Tools: Training in cultural intelligence (CQ) can help build more effective cross-border teams.
- Foster Inclusive Leadership: Partners and team leaders should model inclusive behaviour by recognising and respecting cultural differences. This includes creating space for diverse communication styles and encouraging mutual learning.
Conclusion
Globalisation is reshaping the legal profession, making cross-cultural competence a vital skill. For lawyers in the UK and the US, recognising and navigating cross-cultural differences is not just about avoiding conflict—it’s about building stronger, more effective international partnerships. By applying cultural insights with empathy and intention, legal professionals can bridge divides and work more harmoniously across borders.
I would welcome feedback on this article and would like to hear the experiences of readers. I am embarking on some research in this area, focused initially on the cultural differences and communication / cultural challenges between UK and German lawyers.