How Running A Law Firm Is Like Being A Parent, Part V (Clients)

Continuing with the ‘parenting’ theme and getting back to those 11 “Nanny 911” commandments, let’s consider how they apply to clients:

1. Be consistent. No means no.  Yes means yes. 

One of the most important ways to build strong client relationships is by managing client’s expectations.  Sometimes these expectations arise out of pre-conceived notions.  Sometimes they come from statements made by the lawyer or someone else in the firm.  And sometimes expectations result from prior actions of the firm.  It’s best to begin managing expectations at the earliest stages of the client relationship.  Once those expectations are established, it’s important to be consistent in meeting (and exceeding) those expectations.  But it’s also important to eliminate unrealistic expectations. 

What the firm tells a client and what the firm delivers must also be consistent.  A client comes to expect that the lawyer will contact him at certain stages of the litigation, or when certain activities occur. Once that expectation is established, woe to the lawyer that fails to meet it consistently.  Sometimes providing an ‘extra’ service for a client establishes an expectation that the same service will always be provided, and inconsistent or erratic performance on this account reflects less favorably on the firm than the failure to provide this ‘extra’ service in the first place.

In his book The Trusted Advisor, David Maister discusses what he calls the “trust equation.”  One of the elements of the trust equation is reliability – “the repeated experience of links between promises and action” and “the repeated experience of expectations fulfilled.”  From the perspective of the client, consistency is valuable when it is the consistent meeting of the client’s needs.

It is vitally important to the client relationship that all members of the ‘team’ involved in a client engagement are aware of the client’s expectations, and that the client’s needs are met consistently, regardless of who is interacting with the client.  The client who receives excellent service from one individual in the firm and poor service from someone else is likely to be left with an impression of poor service.

2. Actions have consequences.  Good behavior is rewarded.  Bad behavior comes with penalties.

This goes both ways. The firm needs to understand that everything that the firm does (or doesn’t do) for the client has consequences.  Failure to return phone calls or live up to a client’s expectations may mean a loss of that client, or that account, along with any referrals that client could make in the future.    Clients need to understand that if they don’t pay, the consequence may be that the lawyer stops work or withdraws. 

There are always consequences for failing to properly manage client expectations.  Sometimes, lawyers get carried away with trying to impress a potential client, and in trying to win the business, over-state what they can provide for the client.  The consequences of over-stating can be disastrous.  By contrast, when a firm provides a client with excellent service, the client often becomes a ‘raving fan,’ and a source of new business for the firm.

3. Say what you mean, and mean it.  Think before you speak, or you’ll pay the price.

This is particularly important when dealing with clients, and violating this ‘commandment’ is what causes a lot of trouble in lawyer-client relationships.  Too many lawyers are so concerned about getting the business or convincing the client of their skills that they get carried away with what they promise.  Rather than focusing on creating good relationships, their zeal takes them too far.  They aren’t even aware of what they’re saying.

Alternatively, sometimes lawyers make representations to clients just to get off of the ‘hot seat’ – they tell the client they’ll call back and promptly forget, or they say they’ll take care of something but don’t get around to it.

You must be able to deliver on the promises you make to clients.  If you can’t deliver, don’t make the promise.  (See number 5 coming in my next post).

Telling the client exactly what’s happening on a matter is another way of saying what you mean, and meaning it.  Many laywers avoid telling clients ‘bad’ news, but the older the bad news gets, the worse it is.  Clients respect lawyers that tell them up front what’s happening, give clients options and recommendations, and let the clients be involved in the decisionmaking.  Clients also respect lawyers that thell them up front that a mistake has been made, and what the firm is doing to correct it.

Saying what you mean also includes admitting when you don’t know the answer to a client’s question.  Rather than making up an answer and having to justify it later, say you don’t know and tell the client how and when you plan to find the answer.

4. Partners work together as a team.  If you can’t be on the same page, your clients won’t know who to listen to – and they’ll end up listening to no one.

Clients need to know that you and your partners, along with the others that work in your firm, work together as a team.  Sometimes that means a client is dealing with more than one lawyer at the firm.  This is usually to the client’s benefit, since the client doesn’t have to worry about one lawyer being unavailable when the client needs a question answered.  It’s also to the client’s benefit because the client gets better service when the right person – whether a partner, associate, paralegal, etc., is the one performing the task at hand. 

It is important to ensure that everyone on the team knows the game plan for the engagement and is kept up to date, so that the client gets timely, accurate, consistent information that the client can rely on.  If the client has multiple engagements with the firm, each team handling matters for that client should be in contact to ensure that the client is receiving consistent counsel. 

But lawyers would do well to remember that they’re part of another team as well – the team that’s comprised of you and your client.  The client should feel he’s part of the team.  Lawyer and client together are working toward solutions, and both the lawyer’s viewpoint and the client’s viewpoint need to be considered.  The lawyer shouldn’t think he can run roughshod over the client, and indeed, doing so can be disaster for the lawyer. 

The client is the most important part of the team, and the contribution of the client must be respected.  A client is much more likely to listen to the lawyer’s counsel if he feels his position has been considered, and if the client and the lawyer can come to an agreement about how to proceed.  A client that resists the lawyer’s counsel or feels that she is not part of the process is less likely to hear and respect the lawyer’s opinion.