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.