The Power of Silence
Listening might sound simple, but in law, it’s a skill that separates good leaders from great ones. Judges, in particular, rely on listening more than speaking. Every ruling, decision, and verdict starts with hearing — really hearing — the people in front of them.
Yet most lawyers talk too much. Courtrooms often feel like competitions of who can say more, faster, and louder. But the best judges, like Zach Winsett attorney and former judge, built their careers by doing the opposite. “You learn more from what people don’t say,” he once explained. “If you stop filling the space, they’ll fill it for you — usually with what you needed to know all along.”
That’s leadership in its simplest form. Listening builds trust, reveals truth, and earns respect — not only in law, but in any workplace that depends on communication and fairness.
Listening as a Leadership Strategy
Leadership in law often looks like authority: commanding a courtroom, setting deadlines, making decisions. But effective leaders know listening creates real authority. According to a Harvard Business Review survey, 64% of employees say leaders who listen well inspire greater loyalty and motivation.
In law, where decisions carry lifelong consequences, this matters even more. Judges deal with conflicting stories, emotional testimony, and mountains of evidence. Listening helps them spot what’s real. It’s not passive; it’s strategic.
Winsett often recalls a case where listening changed the outcome. “A man came in angry — yelling, frustrated, convinced the system hated him,” he said. “I didn’t interrupt. Ten minutes later, he broke down and told me the real problem. We found a solution in one hearing that had dragged on for months.”
Listening saved time, reduced tension, and built a resolution no speech could have achieved.
Why Lawyers Struggle to Listen
Law school rewards argument. Students are trained to talk, to persuade, to dominate. Listening rarely gets graded. That mindset carries into practice.
Yet the statistics show that poor listening costs lawyers time and clients. A 2022 Legal Trends Report found that 31% of clients leave their attorney because they don’t feel heard. That’s not about competence — it’s about connection.
Lawyers who interrupt or jump to conclusions lose more than cases. They lose credibility. Judges who listen differently change entire courtrooms. They set the tone. When the leader listens, everyone else does too.
How Judges Practice Listening
Judges listen differently than most people. They filter emotion, track patterns, and watch for contradictions. But they also pay attention to tone and silence.
Winsett described it best: “When someone pauses too long before answering, I pay attention. That pause usually says more than their next sentence.”
Listening in law isn’t just about the words. It’s about behavior, emotion, and timing. A skilled listener picks up what evidence can’t show.
Judges also document what they hear. Many, like Winsett, take handwritten notes in every session. “Typing makes you fast,” he said, “but writing makes you remember.” Science backs that up — handwritten notes improve memory retention by 23% over typing.
These habits make judges not just better decision-makers, but better leaders.
Lessons Legal Professionals Can Learn
Listening is a skill that anyone can build. It takes practice, patience, and intention. Here are a few lessons from the bench that every lawyer can apply.
1. Pause Before You Speak
Silence is a tool. Give the other person time to finish. That extra few seconds often reveals what they’re holding back.
2. Repeat What You Heard
Restating key points helps clients feel understood and prevents confusion. It also helps you catch mistakes early.
3. Watch for Nonverbal Cues
A shift in tone or hesitation can signal stress or dishonesty. Pay attention to what’s between the lines.
4. Take Notes by Hand
Writing keeps you engaged and sharpens focus. It turns listening into an active process.
5. Ask Follow-Up Questions
Curiosity shows respect. Judges don’t assume — they clarify. That’s what keeps the record accurate and fair.
Listening Beyond the Courtroom
The best part of these lessons? They apply anywhere. Business leaders, teachers, doctors — everyone benefits from better listening. It builds culture, strengthens teams, and prevents costly mistakes.
In corporate settings, companies with managers who practice active listening see 40% higher employee engagement (Forbes, 2023). That same principle explains why judges who listen run smoother courtrooms and see fewer repeat offenders. People trust systems that make them feel heard.
For Winsett, this approach shaped his entire career. “Whether I was defending a client or wearing the robe, my job was to make sure someone’s voice didn’t get lost in the noise,” he said. “If you can do that, everything else falls into place.”
Why Listening Builds Long-Term Success
Good listeners build stronger relationships, and relationships drive success. Clients return. Colleagues collaborate. Opponents respect you even in disagreement.
In law, this translates into more effective advocacy, fewer conflicts, and fairer outcomes. Listening also reduces stress — a major problem in legal work. The American Bar Association reports that 28% of lawyers experience anxiety or burnout symptoms. When leaders listen, they create calmer, more focused teams.
Real-World Impact
Winsett saw it in action through the Warrick County Drug Court. By listening to participants’ stories instead of reading their records, the court built programs that reduced reoffending by nearly 40%. “We didn’t lower the bar,” he said. “We changed the conversation. We asked what went wrong instead of just who was wrong.”
That small shift turned punishment into progress — and taught everyone in the system a new kind of leadership.
How to Build a Listening Culture in Law
- Start with Yourself. Set the tone by slowing down your own responses.
- Model Behavior. Encourage your team to listen during meetings before giving opinions.
- Reward Patience. Praise accuracy and empathy, not just speed.
- Create Space. Allow time for questions and feedback from clients and staff.
- Reflect Regularly. End your day by noting what you learned from listening, not what you said.
These steps might sound small, but so does every habit that leads to real change.
Final Thoughts
Listening isn’t just a soft skill — it’s a leadership strategy. Judges prove that daily. They manage conflict, emotion, and truth by staying quiet long enough to understand it.
Zach Winsett attorney built his career on that principle. From defending clients to serving as a judge, and now practicing law again, his success comes from a simple truth: leadership starts with listening.
In law — and in life — the best leaders aren’t the ones who talk the most. They’re the ones who listen best.
