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Presentation Details Do Matter
Mark Bassingthwaighte, Esq.
May 31, 2006

Let’s face it. The typical law practice is not a place where there are hours of free time. More often than not, attorneys are balancing several client matters at any given time and as a result, feel as if there is never enough time. The workload simply never ends. One result of this reality can be that attention to certain seemingly minor details goes by the wayside.

The kinds of details that I am referring to are those that are all too easily overlooked. They are details of presentation and interaction as opposed to relevant legal details. Allowing a bill to go to a client that has one or more errors in it, sending a letter to a client with the client’s name misspelled because the name was entered into the firm’s computer database incorrectly, or breaking a promise to have work completed by a certain time serve as examples.

Are these kinds of oversights cause for concern when they happen? After all, don’t clients understand that significant demands are placed upon attorneys? I must admit that I am not aware of any malpractice claims that arose due to a misspelled surname on an envelope. Although this topic is not about malpractice directly, it is about getting and keeping good clients, which indirectly has a bearing on reducing malpractice exposure. Viewed in this light, I do view these presentation and interaction issues as important.

Consider this: ALPS is a significant consumer of legal services. We would be remiss if we did not review the bills submitted to us for payment, and reviewed they are. We have come across billing errors such as overcharges, personal expenses that had no business being submitted on an attorney’s bill, and charges for work done on files that had nothing to do with us. We also find that with some files, bills come in on a very infrequent basis and, when they do show up, they can be for very large sums of money and for much more than we were expecting. Our response to situations such as these, as the client, is one of concern. We begin to ask questions such as, “If the bills contain errors, what about the quality of the legal work that is being done,” or “If bills are sent infrequently is our legal matter being similarly ignored.” Trust starts to come into question and can all too readily erode if the attorney or the firm does not address the situation, and quickly. Further, if not rectified, we will eventually take our work elsewhere all due to apparent inattention to business details.

I suspect that many clients respond similarly. A misspelled name in correspondence, a client repeatedly kept waiting, a history of limited bills or bills with errors, a history of having work completed past promised due dates, forgetting a client’s name, repeatedly interrupting client time in order to answer phone calls or to respond to staff all give a clear message: the client is not important. It may be that this message is not what is intended, but the message may be received as such regardless. Errors and interruptions happen and explanations help. Clients will often forgive and forget. However, with carelessness or personal inattention, the client may not be so inclined.

I have heard it said that client care, personal attention and reliability are fundamental to an attorney’s success. This success is not in reference to a legal win but to the business success of establishing and maintaining strong client relationships that foster the creation of trust and confidence in the attorney. The trick is in seeing that the client feels that both their legal matter and their personal self are important to the attorney.

I can understand that finding the time and energy to go that extra step to pay attention to some of these presentation and interaction details can be tough at times. It is so easy to let it go. Personally, I believe the effort is worth it. I view the effort as a long-term investment in personal and professional relationships with one natural outcome being a higher probability of obtaining future referrals and repeat business. It may also reduce your exposure to a future claim.

The Risk Management Report is not legal advice. It does not, and is not intended to, respond to any individual situation or concern. The reader must conduct independent research and analysis to determine the constraints and best way to act for each matter in each jurisdiction.

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