Client Relations and Communication Skills Chapter 4 Practical Law Office Management, 3 rd Edition,...

Client Relations and Communication

Skills

Chapter 4

Practical Law Office Management, 3rd Edition, Thomson Delmar Learning

©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.

2 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.

Attorneys’ Ethical Duty to Communicate with Clients

Model Rules of Professional Conduct Rule 1.4 Communicationa) A lawyer shall:(1) Promptly inform the client of any decision or circumstance with

respect to which the client’s informed consent, as defined in rule 1.0(e), is required by these rules;

(2) Reasonably consult with the client about the means by which the client’s objectives are to be accomplished;

(3) Keep the client reasonably informed about the status of the matter; (4) Promptly comply with reasonable requests for information; and(5) Consult with the client about any relevant limitation on the lawyer’s

conduct when the lawyer knows that the client expects assistance not permitted by the rules of professional conduct or other law.(B) A lawyer shall explain a matter to the extent reasonably necessary to

permit the client to make informed decisions regarding the representation.


Attorneys’ Ethical Duty to Communicate with Clients

Generally an attorney must:• Inform a client on the status of his or her case.• Timely respond to a client’s request for information.• Inform clients promptly about important information.• Not cover up a matter if he or she failed to carry out

the client’s instructions.• Notify a client if the attorney is leaving a firm or

quitting the practice of law.• Notify a client if he or she is stopping work on a

client’s case.• Explain the law, and benefits and risks of alternative

courses of action.• Notify and communicate settlement offers to clients.


Client Relationships

Ways to foster positive client relationships:• Treat each client as if he or she were your only client.• Send copies of all documents produced for the client’s

case to the client.• Do not use legalese.• Return client phone calls immediately.• Be courteous, empathetic, and professional at all

times.• Respond to client requests in a timely fashion, and

keep your promises.



Ways to foster positive client relationships:• Give clients routine, periodic status reports on

their cases.• Do not share personal or office problems with

clients.• Preserve client confidences.• Use client surveys to gain insight into client

needs.• Publish a client manual.• Take conflicts seriously, and be ethical.• Do not procrastinate.



What Clients Like What Clients Dislike

Friendliness Being talked down to

Competence Arrogance

Promptness Staff acting bored or uninterested

Being able to reach attorneys/staff on the first try

Impatience

Excellent follow-up Rudeness

Not being billed for everytwo-minute phone call

Calls and e-mails not returned

Attorneys/staff taking extra timeto explain the legal process in layperson’s terms

Incorrect billings


Client RelationshipsWhat Clients Like What Clients Dislike

Listening and paying attention to what the client has to say

Being forgotten, treated as unimportant, or taken for granted

Demonstrating genuine interest in the client’s problems and concerns year in and year out

Confidentiality breaches

Honesty Errors

Good financial stewardship Poor-quality work

Completing work on time Multiple staff billing for the same event

Waiting in the waiting room when they have an appointment and are on time


Client Relationships – Know Your Client

• When dealing with the client, take into account his or her emotional/mental/physical state.

• Establish basic trust in the relationship at every opportunity by listening to their needs, being honest, and being respectful.

• Ask your clients what their concerns are about the matter.

• Ask your clients what their businesses are about.• Do research on your own about their businesses and

industries.• Ask how they prefer to be communicated with (in

person, e-mail, telephone, voice mail, etc.)• Ask them how often they want to be communicated with.• Ask how you can serve them better periodically.


Client Relationships – Treat Each Client as if He or She Is Your Only Client

• When you meet with a client, only have his or her file on your desk.

• Never take another call when meeting with a client, and let others know not to disturb you.

• Never talk about how busy you are or about other cases to clients.

• Particularly with new clients, it is important that the initial meeting go well and that law office staff are immediately available after a referral is made.

• Particularly with new clients, be sure and mention whether the firm has handled similar cases in the past. Clients like to know the firm is experienced regarding the subject matter of their case.



• Send copies of all documents to clients.• Do not use legalese.• Return all phone calls, and reply to e-mails and

voice mails immediately.• Be courteous and professional.• Respond to clients requests, and keep promises.• Give periodic updates.• Never share personal problems or complain to

clients.• Preserve client confidences.• Survey clients.



• Management must help promote good client relations.

• Publish a client manual.• Take conflicts of interests seriously, and be

ethical.• Do not procrastinate.


Client Relationships – Resolving Client Dissatisfaction

Strategies for resolving client dissatisfaction:• Empathetically listen to the complaint; do not

interrupt, and do not argue.• Do not overstep your bounds or promise

something you cannot deliver.• Take notes.• Forward complaints to your supervising attorney,

and be honest.• Do not ignore the complaint.• Realize that some clients will always complain.• Realize that you may have personality conflicts

with some clients.


Client Relationships - Technology

Clients are demanding greater use of technology to serve them.

• E-mail• E-mail attachments (particularly Microsoft Office

products, since this is what many corporations and individuals use)

• Extranet• Attorneys’ and legal professionals’ mobile phone

numbers• Electronic billing


Client Relationships – Why Do Clients Leave?

Why Clients Leave Law Offices Percent

Death 1%

Move 3%

Dislike the product 5%

Have a dispute that is not addressed or corrected 24%

Feel they were treated discourteously, indifferently, or were simply not given good service

67%


Client Relationships – Difficult Clients

• Stay calm and maintain professionalism.• Document conversations.• Be courteous, but maintain an arm’s-length

relationship.• Keep the attorney fully informed.


Improving Communication Skills

• Listen. • Consider your nonverbal signals, such as how you are

dressed, whether or not you are fidgeting, or if you have your hands in your pockets.

• Do not become emotional.• Make eye contact.• Be precise and clear, so nothing is left to the imagination.• Tailor the content of your communication for your audience.• Consider the timing and context of your communication.• Do not be judgmental/avoid negatives.• Ask questions.• Rephrase things.


10 Commandments of Good Listening

1. STOP TALKING!• You cannot listen if you are talking.

2. PUT THE TALKER AT EASE.• Help the person feel that he or she is free to talk.

3. SHOW THE INDIVIDUAL THAT YOU WANT TO LISTEN.• Look and act interested. Do not read your e-mail while the

person talks. Listen to understand, rather than to oppose.

4. REMOVE DISTRACTIONS.• Do not doodle, tap, or shuffle papers.

5. EMPATHIZE WITH THE PERSON.• Try to see the other person’s point of view.


10 Commandments of Good Listening

6. BE PATIENT.• Allow plenty of time. Do not interrupt. Don’t start for the door or walk

away.

7. HOLD YOUR TEMPER.• An angry person gets the wrong meaning from words.

8. GO EASY ON ARGUMENT AND CRITICISM.• This puts the person on the defensive. He or she may “clam up” or get

angry. Do not argue: even if you win, you lose.

9. ASK QUESTIONS.• This encourages the speaker and shows that you are listening. It also

helps to develop points further.

10. STOP TALKING!•SOURCE: Davis, K. (1972). Human behavior at work (4th ed.). ©1972, McGraw-Hill. Reprinted with permission of McGraw-Hill.


Traits of a Leader

• Be an expert on what you are talking about. People around you will develop confidence in your abilities and rely upon your judgment and knowledge.

• Be honest. Develop a reputation for honesty and integrity.

• Stay calm. Good leaders stay calm under fire.• Trust and support subordinates.• Take risks, and do not be afraid to fail.• Encourage honest opinions from others.• Set goals and visions.• Be respectful.


Advantages of Group Communication

• Groups tend to make more accurate decisions, since they have a greater perspective.

• When a group makes a decision, it can be implemented easier than if made alone.

• Group members can explain the group’s decision, since they were included in the process.


Disadvantages of Group Communication

• Decisions made by groups take up to 50% longer than decisions made by individuals.

• Group decisions are often compromises rather than the most appropriate option.

• “Groupthink” can occur. Groupthink is where group cohesiveness and consensus becomes stronger than the desire for the best possible decision.

• Groups sometimes make more risky decisions than individuals.

• Groups can be dominated by one or more individuals.


Interviewing• Prepare for the interview.• Break the ice.• Always inform the person you are interviewing that you are a

legal assistant.• Listen carefully.• Communicate sincerity.• Be empathetic.• Organize the information.• Ask questions.• Do not be judgmental.• Never say “You have a great case.”• Leave fee discussions to the attorney.

Client Relations and Communication Skills Chapter 4 Practical Law Office Management, 3 rd Edition,...

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