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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.