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!
update: DIY name change in Tennessee
I posted a while back about how you can easily DIY a legal name change in Tennessee – and how the clerk and master’s office in Williamson County gives you the pleading templates to do so. See that post HERE.
I just learned that this particular jurisdiction has changed the local process a bit. First, the court no longer requires a hearing on name change petitions. You file a petition along with the order granting the change – the judge considers only these documents, and decides whether to enter the order (or not, apparently). (Previously – and in most Tennessee jurisdictions – the court required a hearing, where the person seeking a name change appeared in court and gave sworn testimony as to why he/she was seeking the change.)
AND – this is important – you have to file the following in addition to the petition: a copy of your photo ID (establishing your identity and current legal name), a copy of a recent utility (e.g. phone, electric) statement (UNLESS your photo ID includes your current address – in order to establish you live in the court’s jurisdiction) and a copy of your birth certificate.
None of this information is available unless you go to the clerk’s office and try to file a name change petition, which isn’t very helpful to those doing it themselves. Name changes are simple, non-adversary proceedings that absolutely do not require an attorney. Our system should make it easy for folks to do it themselves.
guest post: get organized – start with your desk paper flow!
There are A LOT of good reasons to get and stay organized. Organization can reduce stress, reduce (or eliminate) time spent on mundane tasks … and even reduce the likelihood you will experience legal problems. No missed tax or business filings, no late payment of bills … you get the idea. Having ready access to important documents, knowing important deadlines and generally being aware of what needs to be done when – all of these things directly affect your daily personal and business life. The following guest post by Liz Jenkins, a local professional organizer, shares some simple tricks on how to start … beginning with your desk paper flow. No excuses – just do it!
When I was working with a client recently, I found a check for $11,500 that had never been cashed. It was mixed in a box of random papers. The check was 10 years old. I don’t know about you, but that’s a lot of money to just misplace.
Here’s what happened: My client has a lot of paper come into his office. Instead of dealing with them promptly, systematically, and having set places for certain types of papers, he would let them pile up on his desk and then they would end up either in cardboard bankers boxes to ‘deal with later’ or fall on the floor and get caught up in the trash.
Sound familiar? Well, maybe except for the size of the check. But I so often run into intelligent, competent people who get completely frazzled by paper. The problems can be as minor as misplacing a business card to late bill paying to losing out on tax deductions because you can’t find a receipt to as serious as your entire estate falling apart because something happens to you and no one knows where the proper documentation might be.
Here are my suggestions to help with this:
First, have a designated “IN” box. This could be a wicker basket, a basic metal office supply store tray, a pretty canvas covered bin, whatever. As long as it is big enough to hold about a weeks worth of incoming papers into your home or office – generally a 9 x 12 inch one is good.
Place this container at a location that works in your setup. The best way to figure this out is to look for where papers naturally land – you know, that pile you have. If you have to trek across the house or office to put things in the IN box, it won’t happen. Put the box where you enter, in the kitchen, on an entry table . . . the easiest place to just drop them.
Next, assign designated places to ‘sort’ out the papers you acquire. Here are some ideas:
- Shred – to hold any papers you don’t need to keep that may have identifying information such as credit card offers or receipts.
- Recycle – papers you don’t need but aren’t personal
- Bill pay – one place where all the bills go that need to be paid whether you pay them online or by check. I recommend keeping checks, envelopes, stamps and a pen in that same location. If you pay your bills online, then this place should be near the computer.
- Action items – events/appointments/invitations/correspondence – these need to get on your calendar, rsvp or decline. These require your attention – usually in a timely manner.
- Contacts – business cards, phone numbers, flyers for a product or business you want to try
- Things to read – a lot of my clients gather newspaper articles, magazines, etc. that they want to read but don’t have time right at the moment. Corral these until you have that time otherwise the really important stuff gets caught up in them.
Other papers that come in may be coupons, summer camp information, promotional items, etc. Look at what you have in your weekly stash and determine the appropriate categories. Then make a place for each. But remember, you are not the keeper of all paper and are not responsible for honoring papers that come in unsolicited such as advertisements and catalogs.

Tip: get off of mailing lists using services such as www.dmachoice.org or contact catalog companies directly and specifically ask to be removed.
These designated locations to sort into can be as simple as a small garbage can for shredding or recycling, a labeled file folder, a pretty basket, a desk drawer or a letter tray. Be creative but be practical. And do label each of these places.
Lastly, have a designated place where papers go when you are finished with them but need to hang on to them for tax, personal or legal purposes. This is your “FILE” bin.
When you come in each day with the mail and the other accumulated papers, dump them in your IN box and go on with your day. BUT! Once a day or once a week or on a regular basis that works for you – SORT these papers into their categories. Then deal with them according to your schedule.
Here’s the flow when you pull everything out of the IN box . . .
- Purge. Immediately toss everything you don’t need or want into either the shred or recycling bin
- Deal with anything immediately that is time sensitive such as bills or invitations *if you can do it in 5 minutes or less –just do it
- Sort any remaining papers into their appropriate locations to be dealt with at a later time
- Place finished paperwork that needs to be saved into your file bin
The key is to have like papers with like papers, and in a location where they are easily accessed and you have all the materials you need in order to deal with them. For example, invitations should be kept near your calendar. Bills with the checkbook. Etc.
Then, when you sit down to process these papers, you have everything you need at your fingertips and nothing gets left behind. The biggest benefit to this system is the mental relief. You know everything is where it needs to be, waiting for you. You don’t have to worry you’ve missed something because you’ve looked at it and placed it where you want it, to be dealt with on your terms.
Take a few minutes to analyze your papers, set up a simple system and tweak when necessary. Papers don’t have to be overwhelming. Using these tips can help save your sanity . . . and maybe $11,500!
Liz Jenkins, Certified Professional Organizer and owner of A Fresh Space in the Nashville, TN area, specializes in helping people in their homes or small businesses streamline their lives so they can be more effective, productive and not so stressed out and frazzled. A self-professed life-long organizing geek, Liz wields a label maker with style and can sort & containerize with a wave of her magic wand (not really but wouldn’t it be cool?). De-cluttering, figuring out what to do with all the papers, wrangling the kids toys, managing emails & calendars, creating order out of chaos . . . these are the things that make her day. Find more organizing tips on her blog, A Fresh Space.
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 . . .
‘nest egg’ planning – an important end-of-year goal
The end-of-the-year rush is in full swing. You’re busy shopping for holiday gifts, planning and attending gatherings with family and friends and (hopefully) simply enjoying the magic of the season . . . so why make time in the midst of all this to think about your nest egg?
Because it’s the *ideal* time to focus on the simple steps to take to properly preserve and protect your nest egg. You can chart a course, follow it (at whatever pace YOU choose) and in the process check off some very important items from your to-do list. The bottom line: the greatest gift you can give your family is to put an organized and thoughtful estate plan into place – one that protects your nest egg.
We’ll go through the steps incrementally, starting out with the first seven estate planning items on the checklist. (My next post will cover insurance planning, which ties in directly to a thoughtful estate plan for most people.)
- Make (or update) your will document. If you don’t already have a will document, now is the time to put one in place. This isn’t a complicated or expensive task. I’ve written previously about why everyone should have a will – check out these posts for more information HERE and HERE. And if you already have a will, you should review it on an annual basis to make sure that it continues to carry out your wishes. Obviously, if you’ve had a change in life circumstances in 2010 – marriage, divorce, new child, etc. – then a review of your will is imperative.
- Create (or update) your powers of attorney and living will. Everyone should have two powers of attorney in place, if you reside in Tennessee: a general durable power of attorney and a power of attorney for healthcare. With these two documents, your family will be able to manage your affairs in the event you’re disabled. Without these documents, a conservatorship may be necessary – go here to read my article on this topic. And as with your will documents, the powers of attorney should be reviewed annually – make sure that the people you’ve designated are still appropriate for this position. As well, terms for the documents do change, so check with your estate planning attorney to see if your documents require substantive revision. A living will sets out your end-of-life health care preferences and is important information for health care providers and your family.
- Create a letter of instruction. This letter goes hand-in-hand with your will and powers of attorney documents. In this letter, you provide invaluable information to your heirs: where important documents are located, where your financial accounts are located, special burial wishes, and the like. I’ve written before about compiling this information for your heirs – you can read this article here.
- Calculate (or review) your net worth. The amount of your estate – e.g. the value of all of your assets – determines in large part what kind of estate planning you can/should do to protect your nest egg for your heirs. You should review your net worth annually and consult with your tax and/or estate planning advisors to determine if your plan requires any substantive changes in order to achieve your goals.
- Consider creation of a trust. Your annual review of net worth may lead to a recommendation that you establish a trust – either living (created and funded in the present) or testamentary (created and funded following your death). A trust often can be an effective vehicle for transferring wealth and protecting assets.
- Consider funeral pre-planning. This is a simple step to take, and can save cost and time for your family. It’s as simple as contacting local funeral homes and requesting pre-planning information.
- Arrange for the orderly transfer of business assets. If you are a small business owner, planning for the smooth operation (or sale) of your business in your absence requires more than a simple reference in your will document. Your entity documents (or legal agreements with business partners) should address what happens to the business upon death, and should be reviewed annually to confirm that the plan continues to meet such goals. As well, you should consider the purchase of life insurance as a vehicle for funding the transfer of business assets at death.
Take the above steps, one-at-a-time and at your own pace. But just do it. In my next post, I’ll add a few more to-do items to the list. And in the meantime, feel free to call (615.595.7776) or email (cnm@csquaredlaw.com) if you have question about your year-end planning.
As I write this post, my satellite weather station reports the temperature at 19 degrees, with a ‘feels like’ temperature of six degrees. I hope you’re staying warm and enjoying this holiday season!
With *warm* regards,
Caitlin Moon
tech for business part II: try a *VIRTUAL* assistant
One of the biggest technology-driven trends for small businesses is the utilization of virtual assistants. This model of employment offers great flexibility to business owners who require specific help that can be accomplished from a remote location. What kind of help? A virtual assistant can provide administrative, technical, and/or creative (social) assistance to clients from his/her office (which is usually home-based). This truly is an innovation for a number of reasons.
So what does this mean? A virtual assistant can answer your business telephone – from anywhere. A virtual assistant can handle all of your invoicing – from anywhere. A virtual assistant can manage your information technology – from anywhere.
A primary benefit to the small business: you buy only the time you need from the virtual assistant, and the assistant generally can be paid as an independent contractor. (Side note: you should always confirm with your tax advisor how any person you pay for work should be classified – this is a case-by-case evaluation.) If you need only a certain number of hours per week devoted to a specific task, you can realize a tremendous savings through the use of a virtual assistant.
As well, combining the use of a virtual assistant with certain SaaS services (such as online accounting or a shared workspace) streamlines the work process and thus can streamline your overhead. Click HERE to learn more about virtual assistants and how to utilize one in your business.
Of course, you must treat a virtual assistant just as you would a traditional one, in terms of work-related expectations. As with any other person who performs work on behalf of your business, a virtual assistant should be provided with written parameters that set forth your expectations. Using a virtual assistant may require an update to your employee manual, as well.
NOTE: The above first appeared in the November 2010 edition of BRIGHT IDEAS, C²Law’s e-newsletter for business owners. To view the entire newsletter, click HERE. To subscribe to BRIGHT IDEAS, click HERE. We publish monthly, and promise to provide useful and timely information in a brief format. We don’t like receiving junk mail, so we don’t send it.
add some tech, save some green
Hot off the press! The November 2010 edition of BRIGHT LIGHTS, my business e-newsletter. This month I focused on how a business can leverage technology to save green (cash). In this post, I’m sharing one of the topics from this newsletter – using Software as a Service (SAAS) to take your business to *the cloud* – all the while saving time and money.
To view the entire newsletter, CLICK HERE. You can also subscribe to receive editions monthly by CLICKING HERE. Content is timely, succinct and interesting. And if, after receiving you don’t agree, you can unsubscribe anytime.
WEB-BASED SOFTWARE: take your business information to the cloud
One of my favorite internet innovations is software as a service (“SaaS”) technology. Through SaaS, a small business can set up sophisticated business software programs via the internet – the interface is user-friendly; the data is encrypted, secure, and automatically backed-up; and updates to the software are automatic (i.e., you don’t pay for an annual upgrade each year). The software lives ‘in the cloud’ – e.g. on a remote server owned by the software provider. Your business can access it from anywhere that an internet connection exists.
SaaS Options
Practically any kind of software used by a business is available in SaaS format. Following are a few of the most prevalent in use today.
- Accounting software is one of the most common and popular – and many local applications are also available in web-based form, so you don’t have to change formats to move your accounting to the cloud. Click HERE for an exhaustive list of options (both local/server installed and cloud-based). From anywhere you have internet access, you can manage your books. Options also include the ability to invoice clients and accept payments online.
- Another popular example is marketing software, utilizing internet resources to target marketing campaigns to specific audiences via email, websites, etc. Click HERE for information comparing various online marketing providers.

C²Law uses Mad Mimi for all email marketing - the user interface is super-easy, customer service is excellent and our readers like our newsletters!
- If your business is project-oriented, and you often have many people working together, there are numerous options for project management SaaS. These products enable people to work jointly on common documents, projects, presentations – you name it – whether located in the same office or different countries. You also can use these products to collaborate with clients, giving them 24/7 access to the information they need. I use a SaaS client extranet to share documents and communicate securely with both my business and estate planning clients. ClickHERE for a description of numerous project management SaaS providers.

At C²Law, we use a *secure* SaaS client extranet - it serves as a workspace where we share documents, information and communication with our clients.
Regardless of the kind of SaaS you deploy in your business, the savings can be great for many reasons. Generally, SaaS options reduce cost on an ongoing basis. Such options also provide incredible flexibility to users – all you need is an internet connection, so work can happen anywhere your computer is located. Finally, SaaS can provide an increased level in both security and reliabilitythat may be lacking with locally- or server-installed software. By securing your important business information and making it redundant (e.g. having it backed up by the SaaS provider), you are keeping your information safe. This can greatly reduce the likelihood of information theft or loss, both of which create unnecessary liability for a business.
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
















