Transcript Week 8 Lecture Notes

Chapter 4:
Communication
Fostering Good Client Relationships
Communicating with Clients
Client Relationships
Communication Skills
Ethical Duty to Communicate
with Client
 Attorneys and paralegals are bound by
the ethical duty to communicate with their
clients.
 Rule 1.4 of the ABA Model Rules requires
that attorneys reasonably consult with
clients to keep them informed.
What should be
communicated?
 1. Inform clients of the status of their case.
 2. Timely respond to the client’s request for
information. (24-48 hours)
 3. Inform clients promptly of important information.
 4. Not cover up a matter if the attorney failed to carry
out the client’s instructions.
 5. Notify clients if he/she is leaving a firm or quitting the
practice of law.
 6. Notify clients if he/she is stopping work on a client’s
case.
 7. Explain the law and benefits and risks of alternative
courses of action.
 8. Notify and communicate settlement offers to clients.
What Clients Like:
What Client’s Dislike:
Friendliness
Being talked down to.
Competence
Arrogance
Follow-Up
Rudeness
Not being billed for small
tasks.
Incorrect billings.
Honesty
Errors
Taking time to explain
the process.
Being forgotten, treated
as unimportant.
Notice: Winning & Losing Not Included
Page 208
 Develop a “Top 10 List for Fostering
Positive Client Relationships for Life”
Resolving Client
Dissatisfaction
 Client Dissatisfaction can result from:




Personality conflicts
Disagreements on strategy
Misunderstandings
Frustration with the legal system
Techniques to Resolve
Client Dissatisfaction
 LISTEN; Do not interrupt & do not argue.
 DON’T MAKE PROMISES: Don’t let the client force you to do
something you are not comfortable with or do not have the
authority to do. “I will talk to my attorney and get back to you as
soon as possible.”
 TAKE NOTES: This will help you recall the situation later and to
effectively relay information to find a resolution.
 FORWARD COMPLAINTS TO SUPERVISING ATTORNEY: BE
HONEST if you made a mistake, own it.
 DO NOT IGNORE THE CLIENT’S COMPLAINT: Don’t push it off,
even if you don’t think it’s a relevant claim.
 RECOGNIZE THAT SOME CLIENTS ARE JUST COMPLAINERS!
You can’t please everyone, but treat each client with the respect
and attention they deserve as a paying customer.
 WORK THROUGH PERSONALITY CONFLICTS: Passing the
buck to another staff member should be the last resort.
Clients & Technology
A Balance!
 In the age of technology clients want
immediate results, immediate answers and
often times “at no charge.”
 Always explain deadlines and make sure that
processing times are clearly outlined in an
engagement letter or other written
correspondence.
 Put the burden for communication on the client.
Encourage them to use technology to promote
cost effective legal service and a more
immediate response.
Dealing with Difficult
Clients
 Stay calm and maintain professionalism.
 Document conversations.
 Be courteous, but maintain an arm’s
length relationship.
 Keep the attorney fully informed.
Practice Scenarios:
Problematic Clients
 “I just received your bill and it’s way too
high. I can’t afford this. If I knew it was
going to cost me this much, I would have
gone elsewhere.”
 “ I called you 5 hours ago and I haven’t
heard back from you. Are you ignoring
my calls? Is something wrong with my
case.”
Practice Scenarios:
Problematic Clients
 “Hey! It’s Sherry, Tim’s wife. Tim and I
decided to work things out so he won’t be
needing your services anymore.”
 “Are you stupid? Do you have a bunch of
stupid people working in your office?
How could you lose my case after all the
money I paid you? You’re going to have a
lawsuit on your hands.”
What is a communication
barrier?
 Inhibits or prevents the receiver from
obtaining the correct message from the
sender.





Backgrounds
Language
Sex
Culture
Terminology
Nonverbal Communication
 Nonverbal communication is body
language. Be mindful of your body
language when meeting with clients and
on job interviews.





Eye contact
Posture
Appearance
Tone
Gestures
Telephone Etiquette
 Phone Skills Trainer Lesson: Essential
Telephone Etiquette
 http://www.youtube.com/watch?v=LmUc2
_sRVOk
Telephone Etiquette





Communicate in Professional Tone
Put the caller at ease
Refer to the caller by name
Take a message, get important details
When taking a message, repeat back
information
 Identify yourself as a paralegal
 Identify why the caller cannot take their call.
Being a Leader in
Communication








Be an expert.
Be honest.
Stay calm.
Trust & support your teammates.
Take risks and don’t be afraid to fail.
Encourage honest opinions from others.
Set goals and visions.
Be respectful.
Group Communication

Groupthink: Term for when the
desire for group cohesiveness
and consensus becomes
stronger than the desire for the
best possible decision.
 http://www.youtube.c
om/watch?v=qYpbSt
Myz_I&feature=relate
d
PROS
CONS
Accurate Decisions than
individuals
Increase in acceptance
Promotes compromises
Longer to Decide than an
individual decision
Promotes communication
by each member to be
included
Risky decisions
Interviewing Clients,
rd
Witnesses & 3 Parties
 Initial client interview process is very important
and is usually done by a paralegal.
 Things to Remember:









Prepare for the interview
Break the Ice
Always disclose your status
Listen Carefully
Ask Appropriate Questions
Don’t be judgmental
Never say “You have a great case.”
Don’t discuss legal fees.
Close the interview appropriately.