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Bill Fishman & Affiliates

11650 lberia Place

San Diego' Ca' 92128 o Be sensitive to "MEAPLE" r Avoid threats and accusations

This is the conclusion of a two pan discussion of communication skills by columnist Bill Fishman. See the July issue for the first s egment- ed.

Berause meanings are in people, not in words, you must carefully encode and decode your message when sending and receiving. Orient yourself to your receiver and talk their language.

Use "I" statements rather than "YOU."

Phrases r Remember that criticism doesn't have to hurt. o Avoid information overload e Be here now

Shaming the receiver, assigning blame and emphasizing the negative are definite paths to disaster. Before criticizing, make sure of what you want to say and how it should be said. Check your tone of voice and target the behavior you want changed, being as specific as possible. Be sure the behavior you want changed can be changed and if it can't, then stop.

When making presentations or giving instructions, be careful not to present an overwhelming amount of information in a short period of time. Use handouts, flip charts and overheads and allow for audience interaction and participation.

Put yourself into the moment and cast aside thoughts ofthat call you have to make, or the memo you have to write later on. Lack of focus, roring eyes or distant look make people feel as if you aren't listening and don't care. r Be an active rather than a passive listener Don't second guess what someone is saying or pre-judge the content ofhis message. Ask questions to clarifu what is being said and feed back what you hear to keep the flov going, i.e., 'Are you saying ," "It sounds like ," "In other words. ," etc. Remember, when in doubt, check it out. r Observe r Avoid closed-ended questions when attempting to prompt dialogue

When you are meeting someone for the first time, take a good look at their environment. Family photos, paintings, trophies, awards, diplomas etc. are a clue to personal background and a starting point for conversation and rapport building.

Questions that can be answered with a simple yes or no answer automatically put an end to the conversation. It is especially important to keep the flow going while problem solving, so be sure to ask questions that will elicit response.

. Adopt an air of confidence

Stand or sit up tall. Be direct in your cornments and u hcn rou ckt not knor',' thc lrnslvcr. be honcst. Irr u sell:assurcd tonc ol'vricc. sintplr sltr that vou don't know but rou u ill llnd out. Thcn l'intl out ancl follou.upl

. Bc 1l'icndl) antl positivc

Pcople rcspond ricll to the positivc. Negatii..c actions and roclrl ctrcs arc a sLlrc $,llv t() trtrn rour listcncr ol l'. Whcner,cr possihlc. call pcople by thcir l'irst nanre. This u ill nrrkc thern 1i:el as l1'\r)u urc trulr interestcd in thcnt. This is espcciallr truc lirl thL- sL-crctar\ \\ ho scrccns her bosscs culls. And. tlon't lirrgct to :nrilc. erc-n uhcn vru'r'c ()n thc phone: snrilcs can hr- hcard.

. Pl\' attcntion to \'our ()ut\\'aftl intage

Yrrr ncvcr hlvc a scconrl chance to nrakc a first rrrprcss ion \,\'hcn rrtu tr ca r u nconttitrtabl e clothcs. rou contc across its hcing uptilht. so $carin{ a too-tight suit t() thll big sales ntceting coultl bt- a bie rnistakc. Whcn vou look goocl and lcel lood. it contcs across to others antl lou prcscnt a positive inluc.

Pcoplc uttentpt intcrpcrsonal conrnrunication nlrrc thalr anr othcr actir itr irr thcir tlailr Iir.r.. \,,tttr' ln(,t( elllifir.li llr:rrt r'llrr.r'r.

E ftb ct vc. J o- rs u a s vc c o n r n'ru n c al r rs u r c nld c (not born). us tr rcsult ol'dedicatcd cllirrt and practrcc. But. thc be ncflt ol'such cl'lirrr l,, ill bc rcatlilr appalcnt to thc busincss pcrson ri lto uscs hisihcr soph ist icatcd conull-ln lcet l{)lt skills to thcir Lrtnrrrst. It i: rrctcr too latc 1() irrrprovc.

Thot's How lt Goes!

GARY L.SMITH executive vice president

I WOULo like to share with you an article I recently shared with all LMA members. It was provided to us, at no charge, ry aftomey' David Bicknell.

'A question that frequently is raised in courts and between buYers and sellen ofgoods in credit transactions is: How can you charge ' 'interest' of 18 % or more on late Payments without violating the usury laws? The answer is simple: The 18 % charge is not "interest' but a finance charge not subject to the usury laws.

The finance charge, or 'time-Price differential' as it is sometimes called, is a long-established exception to the usury laws. The owner of property has the right to name the price at which he is willing to sell and to refuse to accept any other. He may offer to sell at a designated price for cash or at a much higher price on credit and a credit sale will not constitute usury however great the difference between the two prices.

(See Wilson vs. French Co. , 214 Cal 188, Milnnavs. Credit Discount Co.,77 Cal2d335 18 Ops. Atty, Genl. 170.)

Of course, even this rule has its exceptions. The allowable finance charge in consumer installment sales is limited by the Unruh Act and the ReesLevering Act. The statutes regulate transactions in goods intended for personal or family use. However transac-