How to Build and Maintain Effective Attorney-Client Relationships

A number of years ago I had an interesting conversation with a lawyer who had missed a statute of limitations filing deadline on a significant matter. He shared that after informing his client of the misstep, the client’s family responded by stating they would never dream of filing a malpractice claim and they never did. The interesting part of this story is this client’s family continued to bring additional work to the firm after the misstep. So, why would someone not only choose to accept a sizeable loss after learning their lawyer blew a critical deadline, but continue to bring additional work to the firm?

We were both in agreement that this outcome had everything to do with how well this lawyer had managed the attorney-client relationship with various family members over the years. From that day forward I have never forgotten how important managing the attorney-client relationship really is. When managed extremely well, even if an unfortunate legal misstep were to occur, a lawyer can find that they have been forgiven. As I see it, that’s powerful stuff!

I imagine some of you are wondering how he did it. In short, he was genuine in his desire to get to know, take care of, and communicate with his clients. That’s it. That’s all it took. Now, understand in my world mistakes such as failing to obtain client consent, to keep the client informed, to provide sufficient information to allow the client to meaningfully participate in the decision-making process, and to follow the client’s instructions are all too common. I can also share that even when attorneys have obtained a decent outcome for their clients, we still sometimes see claims because the outcome wasn’t satisfactory to the clients given how they were treated during the course of representation.

Failing to establish and maintain an effective attorney-client relationship with any given client will have consequences. Of course, these consequences won’t always result in a malpractice claim, but there will be consequences none-the-less. It could be a lost opportunity for referrals, a negative online review, losing out on repeat work, bad-mouthing your firm to client friends and family; and the list goes on.

The good news is that many of the client relationship errors we see can be avoided by adopting a simple, commonsense approach to working and communicating with clients. If you feel you could benefit from making a few changes, here are a few ideas that can help in your efforts to build and maintain effective attorney-client relationships.

• Establish and Maintain Clear Communication Channels – The cornerstone of an effective attorney-client relationship is clear and consistent communication. Establish communication protocols from the get-go. Identify preferred methods of communication (e.g. texting, email, phone calls, in-person or virtual meetings), determine the frequency of updates, and set expectations regarding response times. Then make sure you follow through! You might also consider providing a direct line of communication with you as a way to foster transparency and trust.

Of course, at a minimum, this means you will need to do the following: Promptly respond to all client inquiries, provide regular updates and progress reports, timely report negative information, and always be on time with client appointments. When forwarding documents or correspondence, provide an explanation as to the meaning and purpose of what you have sent. If an unforeseen delay arises, provide an explanation to your client as soon as possible. Tell them the reason for the delay and provide a revised expected completion date. Be sure to bill your clients regularly and provide sufficient detail to enable the client to completely understand all charges. Taking steps like these reassures clients that their matter is being actively pursued, thereby allowing them to take comfort in knowing their matter is in good hands.

• Actively Listen to Your Clients – Remember who has hired who. When you take the time to emphatically listen to your clients you are demonstrating respect and enabling them to feel they have been heard.

Take time at the beginning of the attorney-client relationship to clearly identify the client’s goals or objectives because clients don’t always wish to pursue litigation or cut the best deal. Learn what the true problem is. Ask questions. Consider and propose alternative directions or solutions. Let your clients participate in the decision-making process and feel some control in resolving their legal issues.

Again, you are in their employ. Trying to determine how you can best meet your clients’ needs should be a never-ending priority. I would also encourage you to ask for and be receptive to receiving constructive feedback from clients throughout the course of representation. This can be a great way to demonstrate your commitment to delivering exceptional service. Think about it this way. The more you learn, the better you become.

• Set Realistic Expectations – In order to avoid misunderstandings and eventual dissatisfaction with how their matters are progressing, provide clients with a realistic assessment of their matter, to include potential challenges, timelines, and possible outcomes. When you are transparent with your clients about risks and uncertainties you help them make informed decisions thereby reducing the likelihood of unrealistic expectations.

As part of this process, clearly explain the fee arrangement, billing procedures, and the client's obligations. This should be done both orally and in writing in order to provide an opportunity for your client to voice any questions or concerns. As you explain the fee arrangement, ensure that the client has a thorough understanding of what the total cost of representation might be. To draw a parallel, no one in their right mind would ever agree to purchase a new car after only being told what the monthly payment was going to be. Everyone wants to know what the total price is and how long those payments are going to last. Clients want the same kind of information from their lawyer, but they don’t always say so. When they don’t, they may run with an assumption about what the total bill will end up being. If their assumption ends up being way off, you’ve got a problem.

• Be Personable - Pleasant conversation or a little levity when appropriate can demonstrate you are invested in the client as a person. Clients will feel that you view them as more than just a money source. For business clients, learn as much as you can about the client’s business or industry. The more a client gets to know you and you them, the easier it will be for that client to place confidence and trust in you and your legal advice.
• With Support Staff, Emphasize the Importance of Courtesy, Timeliness, Professionalism, and Confidentiality – Of course, make certain you practice what you preach! Act and speak like a professional at all times. Also, never minimize the value of treating your staff well. They are a significant interface between you and your clients. If any staff are depressed, overworked, feel taken for granted, or are dissatisfied generally, you will have problems. The reality will be that negative messages, however unintended, will reach your clients.
• Never Forget That Nonverbal Messages Can Speak Volumes – This is why you should find ways to let your clients know how important they are. Start with keeping all public spaces, including conference rooms, neat and free of client materials. Close doors so that no one will overhear your conversations with them. Don’t allow yourself to be constantly interrupted when meeting with them. Consider letting them know your time with them is a priority. For example, as you greet your clients in the reception area you might begin to get in the habit of telling your receptionist something along the lines of “Please hold all calls. The next hour belongs to Ms. Jones.” Of course, you’re not going to be saying this for the sake of your receptionist; you’re going to be saying it for your client’s sake because that kind of sentiment and statement can work wonders.
• And Always Say Thank You at the Conclusion of Representation – I’ll say it one last time, remember who hired who. Someone entrusted to you the responsibility for competently handling their legal matter. That’s quite an honor. Honor them back by sharing a sincere message of thanks. Trust me, this matters.