Creating and Managing Effective Client Relationships
If you’re like me, you automatically ignore CLEs offered solely by a sponsor. Since it was offered through the Bar and by an attorney, I took a second look at the April 22 “Creating and Managing Effective Client Relationships” webinar. Jordan Turk, Esquire – Attorney and Law Practice Advisor, LawPay Affinity Solutions – did not disappoint.
Turk is an experienced Texas family law attorney. For seasoned attorneys who may think this topic is too simple, think again. Make sure you haven’t become complacent with intake basics.
When potential clients call, “before they speak with anyone about their case, there should be a conflict check run right then and there. A huge portion of so many bar grievances is due to conflicts.”
“Intake sets the tone for the entire case.” Turk recommends having clients complete initial paperwork before meeting to avoid wait time. Especially for family law clients, “they don’t want to be there; this is the worst time of their life.”
“If you collect a consultation fee, collect it before the meeting.” The easiest method for prepayment is through an online payment processor, regardless of whether the meeting will take place in-person or remotely. Confirm consultations via email with a link to make payments. Include language stating that “the consultation shall not take place unless and until the fee has been confirmed as received by the firm.” [Author sidenote: we implemented an online payment processor two years ago, one of the best decisions we’ve ever made.]
Some clients like to bring another person along for moral support. If they want someone to sit in on the consultation, explain how that could constitute a waiver of attorney-client privilege and that these third-parties can be subsequently subpoenaed and deposed. Caution against it; but, if they insist, Turk makes them sign a form acknowledging the risk.
Once the consultation starts, make sure you’re not interrupted. The only exception should be calls from a judge. “Initial questions to ask any client – regardless of what type of law you practice – are: 1) what is the other party telling their attorney about you; and 2) what do you think I can do for you? Give them a timeline and approximate cost. Do a cost-benefit analysis. Temper expectations and offer alternatives. “Always try to save money for the client because those are also the clients who will be repeat clients or who will give you referrals.”
Have a fee agreement prepared in advance. “Don’t keep clients waiting to basically make the most stressful decision of their life and probably pay the most money that they’ve ever paid in their entire life to one person.” And, be sure to include a social media policy that cautions against sharing details of their case online.
“Never underestimate your fees … explain that “I’m going to quote you a retainer, but I need to let you know that this isn’t the cost of the case.” Tell clients at the end of every consultation that you can’t start working until you receive both a signed fee agreement and payment – make that policy clear and stick to it. Or, to decline representation, consider quoting a high retainer or saying you just received trial notices which prevent you from taking a new case.
If you take handwritten notes, get them to an assistant for scanning that day. Some clients need time before hiring an attorney; scanned notes allow for easy access to quickly refresh your memory when they reconnect.
“The number one grievance in the U.S. and Canada is communication with the attorney.” Communicate effectively and often, from the moment the potential client calls and throughout your representation.
Reprinted with permission from the June 2022 edition of the Philadelphia Bar Reporter © 2022 Philadelphia Bar Association. All rights reserved. Further duplication without permission is prohibited (contact (215) 238-6300 or reporter@philabar.org).
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