Telephone Communication Skills for Legal Hotline Advocates

September 22, 2011Presenters:

David Godfrey, ABAMeredith Childers, NJP

Shoshanna Ehrlich, CERA

RecordingToday’s webinar is being recorded

It will be posted on legalhotlines.org within 3 days

Great way to train other staff members that weren’t able to attend

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Skills For Handling CallsHandling “Normal” Calls: Setting the tone Listening Effectively Taking Charge of the Call Offering a Resolution Closing the Call

Handling Difficult Callers Assertive or Aggressive Clients Talkers Non-Talkers Angry clients Delusional Clients

Setting the ToneHave them at Hello – your voice has to take the place of

face to face meetingMatch your tone to the clientAlign with the customer’s inconvenience or distress

before tackling the issue.“They don’t care what you know until they know you

care” Your voice is you – speak in a comfortable pitch and not

too quickly; avoid terms the caller may not be familiar with.

Listening EffectivelyActive Listening before, during, and after we speak

Before: Pay attention to the emotion in the client’s voiceDuring: Align your response with the caller’s emotion After: Listen for signs that the caller has understood

Active Listening Put yourself in the other person’s shoesAsk questions and use short messages to show you are listeningLet the caller finish without interrupting

Taking Charge of the CallUse open questions to gain broad understanding of the

situationUse closed questions to ensure understanding of the

situationAsk questions developed to spot issues in the client’s

scenarioParaphrase and summarize as needed; pause frequently

Offering a ResolutionEducate instead of ordering, directing or

blaming.Create an action contract with the Client Encourage the client to write down all the

tasks and deadlinesSend the client written instructions as well

whenever possible

Closing the CallAsk a closing question: “Is there anything

else I can do?” or “Have I answered all your questions?”

Don’t promise the client you will do something that you cannot do

Document, document, document…. Memorialize all conversations/interactions with the client in the case management files

Leaving a Message

• Two most important things• Name

– Slowly and clearly– Spell it if not obvious

• Phone Number– At least twice – Speak slowly

Why Me? • Why are some clients difficult?

• We see people in crisis – Hurt– Injured– Angry– Wronged– Sick– In pain

Approach to the issue • Concentrate on communication behaviors• Techniques for managing behaviors• Diverse underlying causes• Can’t cure the causes

Types of Difficult Clients • Assertive or aggressive clients• Talkers• Non-Talkers• Frequent Flyers• Angry • Delusional • Diminished Capacity

Assertive or aggressive clients

Behaviors: • Impatient• Rushed• Cold• Loud• Show authority• Name droppers • Demand action

Strategies • Raise your assertiveness level, but always

keep it below theirs

Aggressive • If your voice is soft, raise it slightly• Be direct and to the point• Stick to the business• Cut the small talk• Sit tall

Aggressive Clients

• Do not be offended by the lack of rapport

• Culture plays a role

Talkers

Want to tell you• Life story• Lots of things unrelated

to the issue • Too much Information • Can’t get away• Talk and talk and talk and talk and talk

Varieties of Talkers • Social Talkers

– Just like to talk– Will respond to reason

• Talkers with special needs– NEED TO TALK– Are very difficult to reason with

• Sort between the two – Allow extra time with special needs

High Volume Environment

• Try more then one technique to control the conversation

• If you can’t control the conversation recognize that the client may have special needs

• Have a plan: – Out of queue – Follow up appointment – In person interview

Strategies

• Try to understand the reason• Let them know you have other obligations• Communicate time limits

Interrupt to focus• I really need to ask . . . • Let me interrupt you for just a moment . . . • I think we need to focus on . . . • Can we get back to . . .• It would really help me to know more

about . . .

Control the conversation • The person who ask questions • Shorten pauses

• Tag a question onto the end of an answer– Can you tell me about– While we are on the subject– This may sound unrelated, but

Use Closed Questions • Limited answer questions

– How many children were born during the marriage to Bob?

– Who was your last employer?• Multiple choice or suggested answer

– Did you rent or own the home on Jones Road?

– Bob is Karen’s biological father?

Set Limits • Establish ground rules

– There are three issues here, let’s start with • Concentrate on one issue at a time• Redirect the conversation back to that

issue

Ending the Conversation • I know you are busy, so I’ll let you go now• I need to get started on this right away, so

I am going to run• May I call you tomorrow after I have done

some research? • I have another call holding• I hate to run, but my 3:30 appointment is

waiting

Non-talkers • I have a problem• Short answers• No answers• Only what is asked• Fear

Surprises are for your birthday

• You need them to talk • Set the scene for privacy • Explain confidentiality • Explain why it is important that you know• Offer examples• Offer to help them find answers

• Encourage – reinforce • Get them talking about things they know• Closed to open questions• Don’t fear the silence - He who speaks

first buys it

Frequent Flyer Club

• Don’t Make Assumptions• Listen with an open mind• Ask probing questions• Identify/test ultimate goalLook For• New issue that you can help with • Change in circumstances• If underlying problem still unresolved• If irresolvable, counseling

Handling Angry and Delusional Callers

Telephone Communication Skills for Legal Hotline AdvocatesCenter for Elder Rights Advocacy

September 22, 2011*

Meredith ChildersNorthwest Justice Project

Seattle, WA

Angry Callers

• Anger is a natural response to perceived threats. It is a completely normal, usually healthy, human emotion.

• In the legal services context, we see individuals reacting in anger for a variety of reasons, including fear, anxiety, frustration, disappointment, sadness, substance abuse, and mental health disability.

• Anger can become counterproductive during a client interview.

• What strategies can you pull out of your hat for working with an angry caller?

Strategies:

• Depersonalize - It’s not about me!

• Let the client vent;

• Sympathize;

• Be firm to keep the client on track;

• Talk calmly and softly;

• Take a break;

• Ask for help;

• Don’t take abuse – you might just have to hang up.

Angry Callers

Delusional Callers

Delusions: The DSM-IV defines a delusion generally as a persistent belief in a situation that is imagined, but not impossible. A person experiencing a delusion holds personal beliefs that are false, inaccurate or exaggerated (e.g., that people are after them, that they are royalty or a spy or a specific well-known person such as Elvis Presley or the Pope, that a famous person is in love with them, etc.). Most common delusions are paranoid delusions: the belief that someone or something is going to harm the person in some way.

Delusional Callers

Strategies:

• Try to be clear about who you are and what you can/cannot do;

• Don’t attack the delusion;

• Don’t validate the delusion;

• Recognize the client’s feelings about the delusion and move on;

• Try to focus the client on her legal issue;

• Recognize when you have become part of the delusion;

• Encourage the client to seek mental health services or emergency services where appropriate.

Rule 1.14 Client With Diminished Capacity

• (a) When a client's capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.

Legal Capacity • Does the client have the capacity to

engage a lawyer?• Does the client have the capacity to

complete the legal transaction? • We assess capacity all the time

How we assess capacity • Ask questions and listen to the answers • Can they can answer• Do the answers make sense• Do the answers match what you can verify • Are answers consistent from beginning to

end of the conversation • Can they make simple decisions

Considerations from Comment 6 to rule 1.14

• Articulate reasoning for decisions• Variability of state of mind• Appreciate consequences of decision • Substantive fairness of decision • Consistency with known long term

commitments and values

Look for • Decisional ability• Memory (short and long term) • Communication• Comprehension • Mental flexibility• Calculation• Disorientation

• Emotional distress• Emotional inappropriateness • Delusions• Hallucinations• Poor grooming

Diminished Capacity • Have a plan• Face to face meetings open the most

channels of communications• Referral to other service providers (with

permission)• Office call• Home visit

Assessing Legal Capacity • Task or transaction specific • Testimonial Capacity• Contractual Capacity• Capacity to Convey Real Estate • Health Care decisions

The Decision to Withdraw• Better to turn them down, then let them

down• Make the decision before you enter into

representation – if at all possible • Make it your fault• I don’t have the resources• I can’t do what you need

Rule 1.16 Declining Or Terminating Representation

• (a) a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:

• (1) the representation will result in violation of the rules of professional conduct or other law;

• (2) the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or

• (3) the lawyer is discharged.

(b) a lawyer may withdraw from representing a client if:

• (1) withdrawal can be accomplished without material adverse effect on the interests of the client;– If appointed or in litigation you generally must

request permission to withdraw • (2) the client persists in a course of action

involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent;

• (3) the client has used the lawyer's services to perpetrate a crime or fraud;

• (4) the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement;

Optional Withdrawal • (5) the client fails substantially to fulfill an

obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;– Payment– Signing and returning documents– Providing essential information within the

control of the client

When to withdraw?• Look to the ethics rules• Client stops responding (Non-talkers) • Client does not supply needed information and

reasonable efforts to help them obtain the information are fruitless (Aggressive, Angry and Talkers)

• Force you into an ethics breach (Aggressive or Angry)

• Is forcing you to break the law (Aggressive)• Persists in criminal or fraudulent activity

Firing the client

• Have a written retainer• Warn them in writing• Be specific • Set a date• Send them a notice of intent to withdraw• Ask permission if appointed or in litigation• Send notice of withdrawal• Help the former client • Provide copies of the file

Being fired by the client • If you don’t want me to represent you let

me know• Would you prefer that someone else

represent you?• “I don’t need your help anymore”• Confirm in writing• Notice if appointed or in litigation

• 7(d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. The lawyer may retain papers relating to the client to the extent permitted by other law.

Take Care of Yourself • Q-Tip (quit taking it personally)• Don’t internalize the clients problems • Schedule personal time each day

• Control the things you can• Acknowledge the things you can not • Know the difference between the two

• Laugh each day

Bibliography• Judith Filek, President, Impact Solutions, Inc. articles library:

www.impactsolutionsinc.com

• Megan McLaughlin, Customer Care Institute, Effectively Managing Client Calls, Legal Hotline Quarterly, Summer 1999 www.legalhotlines.org

• Hong Tran, Northwest Justice Project, Working with Difficult Clients, Legal Hotline Quarterly, Spring 2005 www.legalhotlines.org

• Controlling Anger - Before It Controls You (http://www.apa.org/pubinfo/anger.html  

• Anger management: Your questions answered – (http://www.mayoclinic.com/health/anger-management/MH00075)

Questions?

www.NLRC.AoA.gov