Posts filed under ‘How We Practice Law’
the importance of being nice
I received the ultimate compliment recently. A new client said to me, with surprise in his voice, “You sure are nice for a lawyer.” Of course, I thanked him profusely. Truly, it is so nice to be referred to as a NICE LAWYER.
It’s important for lawyers to be nice. This client’s comment suggests that perhaps not everyone thinks that lawyers are nice. Of course, the role of a lawyer in many instances requires this person to be aggressive – to take a hard line and stick to it. This can often be construed as the opposite of nice, especially if you’re on the receiving end of such behavior.
But, even in the midst of tough negotiations, we lawyers can still be nice. Being nice in a difficult process really does make a difference. And nice lawyers do win.
a note about email
I welcome email contact from folks who read my blog or visit my website. In fact, I generally invite readers to contact me at the end of each blog post if they would like to speak with me directly.
However, I can’t give legal advice via email. If you have an issue that you would like to discuss, feel free to send me a brief email. We can then schedule a time to talk – by phone, Skype or in person – to discuss your issue and how I may be able to assist. Or, you can access our client extranet by making contact HERE, and we will create an account for you. In the extranet, you can request a legal service or ask a legal question, and I will respond promptly.
Please understand that before I can give legal advice or assist you with a legal matter, we must first form an attorney-client relationship. This cannot be accomplished via email communication, but we can create this relationship via our secure client extranet. Until I can obtain certain information from you, I can’t provide legal advice to you in any format. This is a requirement of the ethics rules that govern the practice of law in Tennessee.
IMPORTANT NOTE: PLEASE do not include detailed information in any email communication to me. Email is NOT a secure method of communication and should not be used to share confidential information with anyone.
The information I offer in this blog is general in nature, and may not apply to your specific situation. So, if you have a legal issue (problem, question, etc.), please contact an attorney for assistance. I’m glad to speak with you, or help you find an attorney in your area.
Many thanks for reading my blog!
what we *expect* from clients
In a recent post, I spent some time outlining what folks can/should expect from a lawyer. Now, it’s my turn to suggest what your lawyer can expect from you, the client. Understanding these expectations on the front end makes it much more likely that both you and the lawyer will meet (or exceed) said expectations. The result? A much more pleasant, productive experience.
[I want to state on the front end that various clients have not always followed the seven suggested courses of action below, and more than once (but never more than once with the same client). When I started discussing expectations with clients (both theirs and mine) at the beginning of representation, it was quite magical! I found that we both were much happier throughout the process. Thus, why I'm sharing the following ...]
In a nutshell, I expect clients to treat me the way they want to be treated (does ‘do unto others…’ ring a bell?), but to be more specific, I offer the following seven expectations:
First, please speak softly. Please do not shout at me, or even raise your voice. This is never okay, even if you are angry, disappointed, upset. I will never, ever raise my voice at a client and I expect the same.
Second, please always speak the truth. Untruths are never acceptable. See above – same rules apply.
Third, please disclose everything even if you don’t think it’s relevant. I cannot do my job unless I have ALL the relevant information. As the attorney, it’s my job to decide if it’s relevant or not. So it therefore is imperative that a client provide all available information. I am bound by very strict ethics rules to keep all client information confidential, so any disclosure is safe with me. But if you want me to do my best, I need to know EVERYTHING.
Fourth, please pay timely for my work on your behalf. I perform all legal work according to the terms of written engagement agreements. The agreement outlines very specifically what the fee(s) involved for work will be, and the terms for payment. I welcome all comments, questions and feedback on my fees. Once we reach an understanding, I expect to be paid timely. Just as you expect me to do my work timely on your behalf.
Fifth, please communicate timely with me. I commit to returning all communication within 24 hours of receipt (unless I physically am unable to do so, and then someone from my office will contact you on my behalf). I think it’s only fair that a client respond in a like manner. So, if I call you to discuss your matter, please call me back. I can then do my job efficiently and timely, which will make you happy. (And, by the way, if any of your contact information changes, please share this with me. I can’t call you if I don’t have your current telephone number.)
Sixth, please don’t ask me to do anything unethical, illegal or otherwise inappropriate. While this should be obvious, I am obligated to forego participating in any such activity. Upon sharing my professional opinion regarding a requested course of action, you are welcome to seek counsel from another attorney if you don’t like my response.
Seven, please treat my office staff with the same respect you show me. My staff will always treat you exactly as I would, and will communicate with you honestly and respectfully. I simply ask the same of my clients. Then, we all have a pleasant experience. And always remember: You catch more flies with honey than vinegar.
After 13 years in practice, I’ve found that we all do a better job when we know the expectations up front. Sometimes what should be obvious isn’t, especially if someone is in a heightened emotional state regarding a legal matter.
I consider it a true privilege to work for my clients, and am grateful for the trust and reliance they place in me. Since I began clearly communicating my mutual expectations, I can say that I have had only positive interactions with my clients. Happy clients, happy lawyer, happy world!
What can (should?) you expect from your lawyer?
The sole focus of my daily work is to serve my clients. But for my clients, I would have no practice and therefore no work. So how do I best serve my clients? By meeting their expectations.
If you’re a consumer of legal services, you will benefit most from legal counsel if you have a clear set of expectations and can communicate these expectations to your attorney.
In our initial meeting, I ask clients to share their expectations with me. The quickest way to get a direct answer is to ask a direct question. This often leads to a conversation rich in information for both my client and me. But not always . . .
Thus, I also put myself in your shoes and ask myself, ‘What would I expect of my lawyer?’ Sometimes clients don’t have crystal-clear expectations on the front end, as this may be their first rodeo (to borrow a phrase from my cowboy husband). Many, many of my clients have never worked with an attorney before and thus aren’t sure what to expect.
So … the million dollar question. How do I meet client expectations, when clients aren’t even sure what those expectations are?
During my 13 years of legal practice, I’ve had some time to think about this. The result - HERE IS THE LIST of what I think YOU should expect from your lawyer. He or she should:
- Charge reasonable fees – and flat fees where possible
- Ask for your feedback throughout the process, listen to it, and integrate it into the process
- Understand your individual situation, plans and goals – this includes identifying actual or potential problems
- Assist you in avoiding problems where possible
- Solve problems (that weren’t avoided/able)
- Consider money – how you can save and keep it
- Offer expertise – depth and breadth – in the law
- Understand the nature of your business/industry/personal situation – whatever is relevant to providing the legal counsel you seek
- Communicate timely and appropriately with you regarding your matter
- Act in a manner that is trustworthy, respectful and courteous
- Provide prompt and understandable billing – with no surprises as to fees and expenses
- Advocate for your interests
- Provide guidance and advice that is responsive to your specific needs
- Refer you to other trusted and qualified professionals when your situation requires assistance outside the scope of your attorney’s expertise
On my list of resolutions for 2011 is to provide each client with this list of expectations, and ask them to comment/add as they see fit. Constant attention to acknowledging my clients’ expectations makes it much more likely that I will meet them successfully.
HOWEVER . . . because I view my work with clients as a partnership, there’s a second part to this equation. In order to meet client expectations, there are some things that *I* expect as well. Stay tuned for that list . . .
How to save money on legal fees – really!
Yes – I am going to tell you how to save money on legal fees! Why? Because this is information that every consumer of legal services needs to possess, and it makes the entire experience more productive, efficient and positive – both for the attorney and the client.
The first – and perhaps easiest – step you can take to reduce the time spent by an attorney on your matter (and thus reduce the fee) is to provide organized, responsive information as requested by your attorney. If I must spend time combing through a client’s disorganized file to retrieve the necessary information, I’m charging for this time. I save time and you save money if I can skip this step and start with a neatly organized file.
In my practice, I often utilize worksheets to assist clients in identifying and organizing the necessary information. When a client provides a full response on the worksheets – along with organized documents (see above) – then less of my time (and thus less of the client’s money) is required for me to get straight to the ‘real’ legal work required. So the second step is to complete worksheets (or checklists) fully, responsively and timely.
A third tip: offer to do some of the work yourself. Yes, I am telling you that there are certain tasks that I am happy to have the client tackle – again, saving my time and the client’s money. Of course, I’m glad to request documents from the Secretary of State – or complete and file simple forms with this office (and many of my clients are happy to pay for my time in doing this). However, if saving money is a priority and you have the time – offer to do as much work yourself as is possible and appropriate, given the matter in question.
A great example of how doing it yourself can save money: you can utilize the c2lawonline.com ‘virtual law office’ to create a complete estate plan online via secure checklists and e-mail communication with me. You save substantially because the process is streamlined (versus the traditional in-office consultation process) – and you, the client, are responsible for execution of the documents, thus saving even more attorney time.
Along the same lines, you can also ask your attorney to be your ‘coach’ – you receive advice on how to proceed, but do the actual work yourself. This may or may not apply to your specific legal matter, but if you have the time and inclination to do most of the work yourself and simply have an attorney as a ‘coach,’ then ask if this is a viable option!
Finally, one of the easiest ways to save on legal fees is to group all of your legal matters together, working with a single attorney or firm. Why this costs less is obvious – an attorney (or firm) who already knows a lot about your business/family/legal history will be able to complete work much more efficiently, even in different areas of the law. Each time you commence to work with a ‘new’ attorney, that person faces a learning curve – he/she must review files, documents, ask you to complete worksheets, and so on, to gather the necessary background and information. By keeping your work grouped with one attorney, this learning curve disappears – and you save in legal fees as a direct result.
Many of my clients benefit from this concept – starting out as business clients, I then work with them on an estate plan. For the vast majority of small business owners, it is crucial that an estate plan adequately address the business – and often the business documents and estate planning documents work together. Because I am already familiar with the business structure, I can skip the step of gathering and processing this information and get right to the estate planning. The result? My client spends much less on his or her estate plan.
If any/all of these steps apply to your legal matter – put them in place and start saving money on legal fees!
My PROFESSIONAL PLEDGE – or how I turned lemons into lemonade . . .
I’ve spent my fair share of time dealing with lousy, if not downright incompetent, professionals. Even lawyers get stuck with a contractor who botches the new floor in the kitchen, or a service provider who doesn’t return phone calls or finish a job timely.
I’ve spent hours on the phone and waging letter-writing campaigns to get the attention *I deserve* from professionals who have, quite simply, dropped the ball for me.
When I’ve had a chance to calm down, I’ve stepped back to ask myself, ‘What can I learn from this experience? How can I use this knowledge to improve my own professional practice?’
Taking lemons and making lemonade has helped me to turn around my negative attitude and put the experience to use in better serving my clients.
So what does this mean, exactly? Well, it means that I’ve been the person who didn’t get a return call when I was told I would, by someone I’d paid a lot of money to for a job that wasn’t yet done. I don’t want to ever put someone else in that position. So I’ve thoughtfully considered all of the negative, annoying or simply aggravating things I’ve encountered in my personal interactions with other professionals. And I’m pledging not to let any of these negativities into my client relationships.
The end result? The following PROFESSIONAL PLEDGE that I make to the people I am fortunate to serve in my law practice:
My Professional Pledge: Call me and I will call you back – quickly!
•Return phone calls. I will return your call before the end of the following business day (and usually much sooner), unless I am physically unable to do so. And then, someone from my office will return your call.
•Provide regular updates on the status of your matter. I will contact you on a regular and consistent basis to confirm the status of your matter. The period of contact will depend on the type of matter – it may require a weekly update, or a monthly one. Regardless, you will hear from me on a regular basis.
•Provide a schedule for completion of your project. In most instances, such as in estate planning and business entity creation projects, I can provide a concrete timeline for completion of your project in our first meeting. You, the client, will have a clear expectation of when you can expect goals to be met and completion to be achieved.
•Provide transparency for all billing – including the use of flat fees when possible. You will always have detailed information regarding any and all charges incurred during my representation. As well, I strive in all instances possible to offer my services on a flat fee basis, so that neither of us is constrained by hourly billing and you, the client, feel free to contact me as often as necessary with no fear of the cost increasing as a result.
The ability to serve my clients is a privilege, and not a right. I recognize that people have many choices when seeking an estate planning or business law attorney. I want to earn my clients’ business – and trust and loyalty – by raising the bar for client expectations.
As my client, you can expect that I will honor my professional pledge in all aspects of my representation. If interested in learning more about my practice, I would love to talk with you. Please feel free to contact me: cnm@csquaredlaw.com or 615.656.4044 (direct dial).
Many thanks for taking the time to read this post!
Kindest regards,
Caitlin
