Sherie Griffiths

December 8, 2011

‘That might be what you said, but it’s not what I read!’

How well do you think you get your message across via email?

Back in the days when physical business letters and documents ruled (whether they were written by hand, on a typewriter or on a computer), they were taken seriously. They were often drafted and redrafted before seeing the light of day – and they were seen as the ultimate evidence of fact and intention. Certainly in the profession I originally trained for, the law, whether or not something was ‘written down’ was hugely important – and still is. If you put a promise – or an admission, come to that – in writing, it’s always been assumed to be binding, whereas if it’s ‘only verbal’, the assumption tends to be that no-one could hold you to it. Those assumptions haven’t always held up in reality, but still they persist – along with the assumptions that a piece of paper has a level of importance – even gravitas – that an electronic copy just doesn’t have.

Email threw the whole world of written communication into virtual chaos!

The plain fact (and I’m writing it down here so it must be true!) is that it always has been and always will be very difficult to get a complete message across in writing – whether in ink or electricity. Research shows that we actually manage to communicate much less than half of what we want to say – no more than 37% – when we only have the words themselves. Without tone of voice etc, the rest is lost. Legal documents try to get over the problem with their belt-and-braces language; but still, they’re open to interpretation. I once read a judgment by the infamous Lord Denning, where he started off passionately advocating one way of looking at what Parliament’s intentions had been when they drafted a particular statute and finished up disagreeing with himself equally passionately – apparently without realising he’d shifted from one side of the argument to the other!

What a lot of people still don’t fully understand is that these days, emails can be as binding in law as anything set down on paper – and they can never be shredded. Hit delete as often as you like – once it’s sent, an email is ‘out there, somewhere…’.

Laws are written and rewritten several times over – and still no-one is quite sure what they’re meant to say. The trouble with emails is that most of us dash them off in a rush, often while doing something else – and thinking about something unconnected with either task! When these spontaneous little outpourings arrive in the recipient’s in-box, they’re skim-read through the filtering lens of their state of mind – and then responded to in as much of a rush and with as many distractions as we wrote the original.

That’s exactly what happened to me on Monday. I asked a friend for some help with a work project. He answered at the end of a long day, probably with one eye on the TV and his mind on whether he could clear the other 199 messages he hadn’t yet managed to rread before the next morning brought another electronic avalanche! I can’t be sure, but I’m guessing he wrote it as quickly as possible on his new IPhone (no mean feat at the best of times!) and hit ‘Send’ without reading it back. I picked it up a couple of hours later, at the end of a personally extremely difficult day. So all I read was: ‘No – I don’t want to help you’. Now, before you glance at that and think ‘how rude!’, I have to say, the ‘no’ was his – the ‘I don’t want to help you’ was supplied by my tired and unhappy state of mind – neither of which had anything to do with the writer of the email! Fortunately, we are friends and we’ve known each other a long time, so when I read the message back the next morning, I could see it more clearly. The only problem was, I’d already answered it the night before…

I heard a similar story yesterday, in a business context (where there was no personal relationship to aid interpretation). A professional writer once had to try to give a tactful appraisal by email of a client’s documentation. He did his best, but the client sent back what the original emailer described as ‘a stinking reply’ saying “How dare you!”’.

In both cases, if the message had been delivered verbally, there would have been a lot less scope for misunderstanding. If my friend had been able to explain on the phone or in person why he couldn’t help this time, I’d have understood immediately that it wasn’t personal – and I didn’t have to feel bad about asking; and if my associate had been able to talk his client through his concerns – about the fact that their documentation was wide open to misinterpretation – , he’d had had a far better shot at taking the sting out of it. The words might have been the same, but the tone, pace – and little asides – could have made all the difference.

 

I hope you can see what I’m getting at just from what I’ve written? I’ve read it back and tweeked it a couple of times, so hopefully it says what I want it to. If not, perhaps I should cover it on the radio some time – or do a podcast – so you can hear what I’m really thinking!

July 27, 2009

“Glossary of International Trade Terms – the “B’s”"

From Issue 9 of “Minimising Trading Risks Abroad” – the monthly newsletter published by Ray Stannard of International Trade Financial Solutions

Http://www.inttradefinsolns.co.uk

 

Tomorrow, “A Case Study”.  Today, Part 2 of the glossary of terms – the “B’s”.

 

That’s B’s as in the letter B, not anything else, although the 2 terms that I’m covering here are right B’s!.  Before anyone starts worrying, I’ve no intention of filling out the next 26 issues with 1 letter per month, partly because we’ll all lose the will to live and I’ll get stuck on some of the more exotic letters later on.  It just seems that the early part of the alphabet has more terms.  However, the letter B will be rewarded with more next month……..

OK, then, the 2 worst B’s.

Bill of Exchange

One of the most confusing documents until you understand it, then it’s easy – honest! Often referred to as B/E, BEx, BoE and some other variants.  Here, I’ll call them

B/E. There’s the legal definition and a more colloquial one, both of which do explain.

 

The legal one first.  B/E have their own piece of Legislation, The Bills of Exchange Act, 1882.  In it, a B/E is defined as ‘An unconditional order, in writing, addressed by one person to another, signed by the person giving it requiring the person to whom it is addressed to pay on demand, or at a fixed or determinable future time, a certain sum of money to, or to the order

of, a specified person or to bearer’.  There, clear as mud.  Perhaps an easier way to explain is to think of a cheque.  If you think of a cheque as a form of ‘IOU’ in as much as if you owe me money, you will write out a cheque in my favour.  The B/E, however, is a ‘You Owe Me’, i.e. in the above scenario, I would write out the B/E and sign it, before giving it to you.  In turn, you would sign to acknowledge the debt due, and then pay according to the terms – straightaway [pay on demand] or later [at a fixed or determined future date].  B/E are not common in UK trade these days [except for some specific sectors] but are common in International Trade – especially for those who deal with Letters of Credit or Collections – both of which will be explained when we get to the relevant letter.  Therefore, if you do deal with these, it’s important to understand what a B/E is and, more importantly, what you can do with it, since, especially under Letters of Credit, they can be used to raise funds.

Bill of Lading

Not to be confused with B/E above.  Bills of Lading are often referred to as BL or BLading.  BL here to save space.  A BL is a document of title to the goods to which it refers.  It is issued to cover sea shipments and is usually issued by the shipping company.  It also acts as a receipt for goods received for carriage and providesevidence of the terms of the underlying contract between the shipper and transport company.  Being a document of title, the buyer [or more usually their agent] needs to present an original BL at the destination to obtain the goods.  BL are often issued in sets of 3 original – any one can be used to collect goods – plus any number of non negotiable copies.  It is important that, as a buyer, you know how many original BL are to be issued and that you can account for them all.  They are usually referred to in documentation,as, for example, 3/3BL + 2NNC, meaning 3 original Bills of Lading

[any of which can be used to obtain the goods] and 2 Non Negotiable Copies.

That’s more than enough for this month.  Both are important, though, and if you are involved in International Trade, it is well worth taking the time to understand their functions and some of the drawbacks and advantages of using them.  For Bills of Exchange, they can have a beneficial effect on cashflow in some circumstances, so find out more before you sign any contracts.

 

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