Consulting is the most common type of legal assistance. There is an opinion that giving legal advice is much easier than conducting a case. But this is not so, since when conducting a case there is enough time and information to choose the right position, and in consulting the correct answer often has to be prepared in the shortest possible time and on the basis of minimal initial information about the case.
What do lawyers usually offer?
Lawyers usually underestimate the presentational role of consulting. The fact is that as a result of communication, the client may enter into an agreement with the lawyer to conduct the case or refuse additional services, or even worse, not pay for the consultation at all.
In this sense, the actions of lawyers can be divided into two categories. The first type of lawyers are colleagues who behave hyperactively towards the client. They do not really explain anything during the consultation process, intimidate the client with any adverse consequences if an agreement to conduct the case is not concluded, and then, when the agreement is concluded, they promise to achieve a positive result in the case. The second type of lawyers are colleagues who do not provide clients with useful and understandable information, do not demand anything from them, hoping that people themselves will take the initiative and hire a lawyer to handle the case. The most common mistake of both is that they do not see the client as a person - with their own fears and experiences, their own way of thinking and, as a rule, insufficient legal awareness.
What else can be done
Firstly, it is necessary to create a comfortable communication environment for the visitor - comfortable chairs, a beautiful office, paintings, an aquarium... All this is desirable and should be, but above all - a caring attitude towards the person seeking legal assistance. When you meet, invite him to sit down and point to a chair or armchair where it will be convenient for him to talk to you, and when saying goodbye, accompany the person to the exit - the result will be stunning. Communication should be confidential, since many people are embarrassed to talk about their problems in front of strangers, although some, on the contrary, are looking for such an opportunity. Interrupting counseling with telephone conversations is unethical and unsightly. To understand this, look at many colleagues, put yourself in the shoes of clients. And don't do that again!
Second, let the client talk. When people come for a consultation, they often do not understand what information from their lives is relevant to the case, so the story about the case sometimes turns into a lengthy narrative about life and work, relationships with other people, etc. Do not interrupt the client under any circumstances immediately with the question “What do you want?” It is better to listen to the client from start to finish in the form in which he offers, as this will allow you to create an idea of \u200b\u200bthe person with whom you may later have to cooperate. People like to be listened to, because it is a sign of attention. When a person outlines the main thing he wanted to tell, you can frankly ask him: “Please tell me, how can I help you?” – and then continue communication in the form of a question and answer.
Third, figure out what the client wants. People usually unconsciously exaggerate when describing their problems, and this is intimidating, especially for new and inexperienced lawyers. Truly complex issues need to be divided into several simple ones (“splitting the problem”) and solved each separately. If it is difficult to answer the client’s question right away, then you need to set a time for a return visit.
There is a sure way to understand in detail what the client wants. This is to record the information that he tells you.
If counseling is associated with the subsequent preparation of claims and complaints, as well as with the conduct of the case, then it is advisable to invite the client to present all information about the case in writing. People usually like this form because they can focus the lawyer's attention on the necessary details, and the lawyer, with the help of written notes, is able to delve into the case more thoroughly and study the client's personality. In addition, during the consultation, it is very useful to draw diagrams of the described legal problem, as well as to make an audio recording of the conversation, which will not only allow you to reproduce the information provided to you in detail, but also subsequently analyze your own mistakes in communicating with the client.
Fourth, draw up a simple algorithm of actions for the client. Some lawyers reduce counseling to citizens to reproducing the text of laws, either from memory or by quoting, or offer the clients to read the law themselves. After such a consultation, people sometimes do not understand what they were told and why they came, but only politely pretend that everything is clear to them.
Legal argumentation is certainly important, however, according to my observations, the latter is always remembered better by the listener. That is why any consultation should end with a simple conclusion, an understandable algorithm of actions. I usually draw an algorithm for solving a problem and various options on paper (a board) for visual assimilation of information. By the way, many clients asked me for such schemes after consultation.
Consultation can be not only oral, but also written. Lawyers rarely resort to written consultations. But in my practice, they sometimes contributed to resolving the problem, since officials and citizens, having become familiar with the explanation of the law, sometimes voluntarily stopped violating the rights of clients.
One must strive for a positive outcome of counseling in all cases, even if the client’s problem does not have a legal solution or this solution is quite complex.
CASE STUDY
An elderly man spoke about the problems of living together in an apartment with his drunkard son-in-law, about constant scandals and insults on his part, to which his daughter does not react. Moreover, she is categorically against taking administrative measures against her husband. In such cases, it is pointless to make legal recommendations, since it is impossible to evict the rowdy or send him for compulsory treatment. All that remains is to encourage the client and create confidence in his own abilities. I usually tell such people: “You can call me on the phone at any time if you have problems, I will always try to help.” And clients love it. I like it because he is not left alone with his intractable problem.
Fifthly, do not impose your services. It is better if the citizen decides to enter into an agreement to conduct the case independently, since in this case the risk of further refusal of the services of a lawyer will be much lower. However, the client’s decision can be indirectly influenced by information about the complexities of legal proceedings and frequent cases of judicial arbitrariness. The provision of such information must be reasonable, otherwise the person will generally lose any desire to protect his rights.
Who can receive a tax deduction for the purchase of a garden plot? This question interests many citizens. More than 6 years ago, a new benefit appeared that applies to the purchase of a garden plot. Those citizens who have the opportunity to pay a 13 percent income tax to the state throughout the year have such a benefit as a tax deduction for the purchase of a garden plot. It also returns part of the amount that was contributed to the budget.
Receiving a tax deduction
How do you receive a tax deduction when purchasing a plot of land? If someone wants to become the owner of a new garden plot with a finished house or an empty area, such an acquisition costs a lot. And, of course, I would like to see at least a small investment returned back. It is quite possible to do this; all you need is an application.
To make it easier to understand what types of purchases are taken into account for this property deduction, they were divided into the following categories:
A plot of land without structures, which provides for the construction of private housing in the future. Patience is required here: the money will be returned only if the house is built and ownership of it is legally registered. It is impossible to receive a deduction for the purchase of a land plot if the land remains undeveloped. When you first purchase a plot of land, you must indicate that it is being purchased with this benefit, otherwise, after a while, they will refuse to consider your application for a refund.
A plot of land on which a house is already located. When preparing all the necessary documents for the purchase and sale, it is necessary to make a mandatory statement regarding what type of benefit the property is being acquired. Documents are submitted to the tax office.
The territory was purchased with a loan. In this case, there will definitely be an overpayment, but it is often reimbursed separately. The interest deduction is not tied to the amount of the main deduction for land and buildings.
There are important restrictions under such conditions. For example, a tax deduction for the purchase of a plot of land is valid in cases where:
- The plot is purchased by a Russian citizen who does not travel abroad for 182 days during the current calendar year.
- The buyer of purchased land has an officially fixed income tax of 13 percent.
Thus, the category of beneficiaries is very limited. Some do not pay the 13 percent tax to the state budget; non-residents do not stay on the territory of the state for the number of days required by law.
But even if the established rules are followed, there are still a number of restrictions for considering a request for how to get back a certain amount spent on a purchase. These include:
- completing a transaction with family members, even if the sellers are close relatives;
- purchase of a land plot with funds allocated by a government agency or provided by an official, and the buyer did not contribute his funds, which is documented;
- there is a house on the site, but there are no rights to it;
- the land acquired by the owner will be used for other purposes other than for the construction of a dwelling.
There will be no additional payments if the purchased plot turns into a garden, vegetable garden, or dacha.
When considering a request for a benefit, such nuances as the types of land deductions will be taken into account. They are divided into:
- Basic. Land, house and plot are taken into account. The amount will be 2 million rubles, the income tax refund will be 260 thousand rubles.
- Additional. This is the case if the land is purchased on credit. Then the size will be large - 3 million rubles. An additional bonus to 260 thousand rubles. there will be an amount equal to 13%.
Only those plots of land can receive a benefit for which the documents were issued after 2010, from January 1. Before this date, the law had not yet entered into force and the transactions had not acquired a legal basis.
Documents for such a benefit are drawn up at the tax office, and the due amount can be received there from hand to hand.
The employer also has the right to prepare the necessary documents, and then it will be possible not to pay income tax for the entire current year.
Return to contents
Documents for registration of deduction
3-NDFL are those treasured declarations for those who draw up documents for a tax deduction when purchasing a plot. This number indicates the papers that need to be filled out. You will also have to prepare:
- a statement containing a request to provide a tax deduction;
- application with transfer;
- all documents with copies confirming that the buyer actually has the right to exercise the right to deduct.
It is allowed to contact the inspectorate, demanding a tax refund, for the last 3 years, but not earlier than the year in which the registration of ownership of the house located on the purchased land was recorded.
Such a benefit can only be one-time and is provided for a single object.
— In fact, I have long been tired of the topic of tough negotiations. I would say that I now teach people the exact opposite - the ability to listen, not to talk. Aggressive negotiations, when one side tries to “push” the other at any cost, is a thing of the past. Today, the most successful people in business are those who have the talent to listen to others. It was possible to guess that another era had begun ten years ago. Here is a well-known example: Microsoft management was excellent at promoting its products, but did not feel the market. And Steve Jobs listened sensitively to the consumers themselves and better understood what they wanted. As a result, Apple won. The future belongs to visionaries, and the main quality of a visionary is to understand what others need. But most company leaders are “opportunists”: they are good at seeing short-term opportunities that allow them to win a market niche from others, and completely fail in the long term because they do not sense the trends that are changing the market itself.
— I read that your experience in FBI programs where you trained police officers to negotiate with terrorists helped you develop your own method of negotiating. What's the point?
“The FBI hired me to lead training programs that would help police officers avoid unnecessary tragic incidents.” I always had cases in front of me where a policeman kills an unarmed child or, conversely, a criminal kills hostages, and I had to help the police avoid such “aggressive negotiations” that end in the death of one of the parties.
Through the analysis of such cases, I realized what a huge role neurophysiology plays. When a person is in a stressful situation, the level of cortisol (the stress hormone. - RBC) increases in his blood. A person becomes aggressive and prone to impulsive, rash actions. If you try to put pressure on him, it will not lead to anything good. But, if he suddenly sees that you are listening to what he says, trying to understand his position, no matter how wild it may be, cortisol in his blood begins to fall, and the level of another hormone - oxytocin - begins to rise. Oxytocin is called the “attachment hormone”: it makes people feel emotionally close to other people. High levels of oxytocin, for example, make it easier for mothers to tolerate the crying of their infants.
If the criminal sees that he is being listened to, he begins to feel a connection with the negotiator - his emotions suddenly become important to him, and he also begins to try to understand his position. Thus, in any negotiations, including business ones, you can influence the emotional state of the interlocutor. But I don't teach you how to win negotiations while losing your life. I teach how to lose negotiations while winning influence over other people.
— In the book “How to Talk to Assholes” you say that the first step to understanding an unpleasant interlocutor is to admit that he is much crazier than you first thought.
“People think anyone who thinks differently than them is crazy.” And in a world that is becoming increasingly specialized, the number of “crazy people” is growing every day. For example, when an IT specialist and a sales person are talking to each other, both are sure that their interlocutor is an idiot, because he focuses on details that seem unimportant to the other, and thereby simply infuriates. But my definition of madness is different: a madman is a person who acts irrationally, not perceiving constantly updated information from the world around him. At the same time, his actions may seem logical, especially for himself. This is a person who does not hear his interlocutor: he is unbearable as a partner and as a leader. My hypothesis is that the reluctance to understand another is an irrational manifestation of the instinct of self-preservation. People like to talk themselves, to broadcast their picture of the world to others, because in this way they relieve stress. But from a business point of view this is a very bad quality.
— And such “madness” is typical for many company leaders?
— This is a problem for many CEOs, which also manifests itself in team management. I often tell the CEOs of the companies I work with: there are six words that your employees hate, and only one word that you truly hate. The six words are “vision”, “mission”, “culture”, “strategy”, “values”, “goals”. When you say, for example: “Our company has goals,” employees smile and look interested, but they themselves are wondering: “Will I be fired in the next six months? There are rumors of layoffs." People don't perceive your big words.
— What word do managers themselves hate?
- This is the word “people”. Look, you have a great strategy, a great product, a clear vision for the future of the company, and people, employees and consumers, ruin it all: they don’t understand, they don’t have passion, they nod at you, but they themselves keep a fig in their pocket. If you want to be effective, you have to motivate them to actually hear you. And this is a lot of work on how and what you say.
For example, don't use the word "goals" - replace it with the word "needs." Not everyone has goals, but everyone has needs. You want to create a powerful company that will be part of the future, but people just want to survive and don’t care about your goals. Therefore, monologues in the style of “Shut up and do what I say!” will never work. It’s better to convey another idea to the team: “I need your help. If you help me earn a lot of money, I can increase your salary and pay you bonuses."
Mark Goulston (Photo: from personal archive)
"Bright founders rarely make good CEOs"
— What are the most typical issues on which you advise companies?
— Now I often work with the founders of young companies that have managed to attract large funding. The most interesting part of the work for me is the communication between investors and founders of companies, which in most cases is surprisingly bad. Investors often romanticize founders because they need to invest in someone and they choose charismatic people who have an interesting product. However, bright founders rarely make good CEOs: they are passionate about their idea, but usually completely incapable of making difficult decisions, such as firing their best co-founders when they begin to drag the company down. Having invested in a startup, the investor waits for a year or two, and his expectations begin to diverge more and more from reality: mistrust and aggression arise between him and the company’s founder, and then a difficult break ensues, with accusations and slamming doors. But both sides created the problem themselves!
My job is to help the founder understand whether he can be a good manager. I strive for him to clarify what the investor's expectations are before signing the agreement, and together with him to analyze what he needs to change in his approach so that the investor has confidence. Experience shows that after such work, friction between the investor and the founder becomes minimal: the founder is still not immune from various failures, but he no longer creates a false image, and this is important. People forget the mistakes you made, but they will never forgive you if you lied to them.
— What if the startup is doomed from the very beginning and nothing can be done to help it?
— Co-founder of Dialexis (the largest training center for sales training in the USA. — RBC) David Hibbard once taught me a psychological trick he calls “Questioning the Impossible.” When a businessman comes to you and complains that his business is not going well, you ask him: “Is there anything impossible that could radically improve your business?” After thinking, he says: yes, such and such an action could improve him. And you ask him: “How to do this impossible?” He begins to think and says: this and that is needed. And so you gradually come to the conclusion that there is a very real solution, consisting of specific steps. For most companies, such solutions can always be found.
“Directors often confuse self-confidence with rudeness”
— You mainly advise American companies, but sometimes you also speak to Russian entrepreneurs. In your opinion, is the Russian way of doing business very different from the American way?
“We Americans try to make business more personal: we take an interest in the health of our partners, give gifts to their family members, and try to please them.” And in this sense we are more naive. Russians do not meddle in the private lives of their partners: for you, business is just something that needs to be done. When it's done, we'll have a glass together, but we're not best friends, just partners. Because of this, Americans often consider Russians impolite and sullen, but I like your more honest approach.
However, these differences are still not so profound. In addition to consulting for companies, I hold the position of chief mentor at China Foundations. This is an organization that works to improve the quality of cooperation between Chinese employees of companies and American expats who work in China. One of the things that always surprises Americans who have experienced life in China a little is that the Chinese do not say “I love you” to their spouses. It turns out that the Chinese are callous, selfish, devoid of love? Of course not. They love their family too, but instead of “I love you,” they say, “What are we having for lunch?” Most of the differences are external.
— It seems to me that Russian business culture is still very different from modern American one. For example, we have many entrepreneurs who are convinced: you have to be tough, you can’t give in an inch, especially to your subordinates. The same phrase “Shut up and do what I say!” It is often used in Russian companies and not without success.
— Both in Russia and in the USA, directors often confuse self-confidence with rudeness. In my practice, there was a case when I told the director of one of the companies: “I will not work with you for any money, because you offend people.” It's like watching children being beaten.
Moreover, this approach is also unproductive: employees of such managers are subject to constant stress. If I get up in the morning and feel like I hate my job, will I do a good job today? Companies don't need such directors. These are bad managers: people who cannot capitalize on business opportunities try to extract it from other people.
What companies really want is directors who are driven by their own mission, who know how to be strong but in a non-aggressive way. By the way, I periodically come across directors in companies who look down on me: “I’ve been in this business for twenty years, and you’re some kind of psychiatrist. What can you give me that is valuable?” I smile at them and ask: okay, tell me about everything you have achieved during this time. What have you built, what have you achieved? And here the majority fall silent. I'm not trying to offend them, but this phrase makes rude managers think.
- Why does this trick work?
- Because there is a word that everyone is interested in - “results”. And everyone knows well that in business everyone is judged by results. Leaders in general are introspective: they look inside themselves, it seems to them that they are great people, perfection itself. But when they are reminded of the results, they remember that there is an impartial way to evaluate them from the outside. Am I performing better or worse than I expected five years ago? What have I done over the past year to improve them? What qualities did you destroy in yourself? This all leads to a person working on himself.
- What should you be able to do and do?good manager?
— He must be able to inspire employees. Most people who do not strive to do anything in life are passive, not because they are not confident in their abilities. They think differently: even if I'm lucky and I can achieve such and such, it won't make me happy, so I won't even try. That's why a good leader must be able to switch the right triggers in people: to be calm - to inspire confidence, modest - to not arouse envy, to be good at what you do - to delight.
— You say that not everyone has goals. Do you yourself have any global goals besides routine work with company directors?
— Do you know the concept of “antagonistic game”? This is the name of a game in which one person's gain means another person's loss, without draws or compromises. Now many people perceive the situations in which they find themselves as a game of heads and tails. In America, the topic of immigration gives people a feeling of “either they are us or we are them.” CEOs and political leaders look down on people and say: I'll do what I want and I don't care about you. My mission is to ensure that there are no such games in the world.
There are many good people in the world, but most of them are narrow-minded, they are stuck in their vision of the world. Why do people in Russia dislike the United States so much, and why do we not like Russians? We returned to the beginning of the conversation, to the IT specialist and the sales person - we simply do not understand each other, so we consider the interlocutor an idiot. And to justify this, we use examples from history, negative forecasts, etc. One of my teachers, psychologist Wilfred Bion, said: “The best communication is listening without memory or desire.” Without memory - so as not to judge the interlocutor for past mistakes. Without desires - so as not to make it the way it would be convenient for you. Teaching people such communication is my task.
