• Showing compassion to all clients big and small;
• Charging fair, reasonable and clearly explained fees and not getting greedy;
• Offering clear, legally sound and carefully analyzed advice; and
• Showing plain, old fashion respect for others just as we want to be treated and respected.

Some attorneys tend to forget one or more of these simple basics of excellent client service causing many of their clients to become frustrated, confused and often beyond angry.  To change such feelings is not easy.  In fact, turning a fed up client into a satisfied one is about as easy as earning an overall college GPA of 3.5 after partying your way to a 1.5 freshman year GPA.  But both can be accomplished in most situations with a firm commitment, plan and sincere on-going efforts on the attorney’s part.

The starter list below offers a few suggestions on how to regain your disgruntled client’s confidence.  One caveat  — this list is for clients who do (or just might) have legitimate gripes with you or your firm and is NOT intended for the lying, chronically late payment types or the won’t-ever-be-pleased clients who should have been sent packing a looooong time ago!

1.     Address the issues immediately.

2.     Give them your undivided attention and adequate time to “tell their story” and to explain their concerns fully without interruption or a defensive attitude.

3.     Be open-minded and empathetic so you can better understand how things appear from your client’s perspective.

4.     Apologize for the miscommunications, their feeling poorly served or disrespectfully treated and for any actual mistakes made, if any.

5.     Show them with your timely actions –not mere promises– that you fully intend to regain and maintain their trust and satisfaction.  Plus, give them more than they expect which includes being resourceful, creative and by all means sincere and committed to finding a solution and making things right.

As mentioned above, this is a starter list and there will no doubt be several other constructive steps you will and should add based on the uniqueness of each situation.  The five shared above, however, are essential basic elements for handling most disgruntled client situations successfully.

One caveat  –  this list is for clients who do (or just might) have legitimate gripes with you or your firm and is NOT intended for lying, chronically late payment types or won’t-ever-be-pleased clients who should have been sent packing a long time ago (after, of course, your making the appropriate attempts to turn their negativity around). Better yet, improve your client selection skills! Listen to your gut instincts more carefully in addition to all the other critical factors to consider before accepting a new client…your expertise (or lack thereof) in the related practice areas, your current caseload volume, their expectations, any related statutes of limitation, etc.

Bottom Line:  Every situation must be carefully reviewed so that the right set of custom-designed solutions can be brainstormed and applied.  Also, if the allegedly negligent attorney refuses to cooperate, then other firm attorneys should immediately step in and take charge of the situation.  And, if you’re a solo who opts to put your head in the sand, then don’t be surprised when the ethical grievance and/or malpractice claims land on your desk. And don’t forget all the negative marketing you will no doubt receive “free of charge” via all your former client’s friends, business associates, church members and the list goes on.

Wish I was sharing some dazzling new data and solutions here, but it’s obviously “stuff” we already know.  With all the lawyer jokes, rising numbers of legitimate malpractice and grievances, however, too many attorneys are apparently forgetting their kindergarten basics. And, all of us privileged to practice law should ethically and morally be:

• constantly striving to enhance client services;
• ever mindful of compassionate, respectful and resourceful lawyering; and
• courageous enough to apologize, make amends, and move positively forward when we mess up.

• we’re lazy,
• don’t think clients have the know-how to judge us properly,
• that we’re really scared of what they may say negative about us or
• that we really don’t get how invaluable such a resource is to us?

Whatever our reason for not providing several alternative ways for our clients to give us their ongoing and forthright feedback (and sooner than later hopefully), we are missing out on an enormously valuable marketing and planning tool.   Who better than our clients to tell us how we’re doing and that includes what we’re doing right, what they appreciate most and whatever else we do to earn their loyalty.  Client surveys – written, oral or otherwise – are not for the sole purpose of digging of all our faults per the client’s eye….they are also about finding out what we’re doing right to help ensure we recognize (and keep doing!) those things appreciated and valued by our clients.  So as my 2002 article suggest, let’s put on our thick skins and begin soliciting more feedback from our clients….start with the next one you email or talk to by phone by asking one feedback-type question before hanging up or hitting the email “send” button (e.g. “How have I helped you most?”  “Is there anyone at our office that stands out as one you can always count on to have a positive and helpful attitude?”  “Would you feel totally comfortable recommending our firm to one of your friends, relatives or business associates?” )

If your firm hasn’t given client feedback an honest effort yet, I strongly recommend you make it a top priority over the next few months.  You’ll find out who the comedians are, get some bogus feedback, and will absolutely gain some very useful bits of information from the best sources possible…those we serve.  Let me know how it goes and if you don’t agree 1000% that it was worth the effort.

Enjoy your day in spite of any jerks who attempt to make it less than enjoyable for you!  And please let’s all make and take time for whatever helps us de-stress, re-align our positive spirits, etc.  As for me, our 4-legged family members …the horses, donkeys, dogs, cat…. help bring back my sense of humor and positive attitude whenever my plate gets overloaded from too much work or having to deal with too many toxic folks during any given day!  And, thank heavens for a great sense of humor…some times it seems that’s all we have left for the moment.

With Smiles,

Nancy

Cowgirl at Heart

A handwritten thank-you note is always appreciated and becoming a true rarity to receive in our electronic times.

Or, if more appropriate, how about taking the time to take them out to one of their favorite restaurants.  And, if that doesn’t seem to “fit,” here are a few more suggestions :

• a gift certificate from a nice restaurant or popular local store
• a basket of fruit or other goodies
• a flower arrangement or potted plant
• tickets to a sporting event
• contribution in their honor to a local charity or cause
• referring business their way whenever appropriate

The critical point is that is we fail to appreciate and express our appreciation for referrals sent our way, the nice folks sending us potential business will stop doing so.

Bottom Line: We can’t take our referral sources for granted or tell ourselves we’re just too busy to take the time to show our appreciation.  And, if we are too busy, then we’re too busy to accept the new business referrals as well!

1. Contact and choose an attorney sooner than later if you know or think you may need legal representation and/or advice.

2. Heed the tip above in #1 and yet also do your “homework” carefully.  Don’t select a law firm just because your best friend used them or you like their advertisements.  Search out the right one for you and your legal needs.  Seek references from trusted sources and try to “interview” at least two attorneys before making a final decision on retaining your attorney.  Give special attention to:

• Did they give you their undivided attention or seem distracted with other things while you talked with them?
• Did they answer your questions clearly and give you plenty of opportunity to ask them?
• Did they explain your discussions would be confidential even if you don’t retain their firm?
• Were their professional fees and what your out-of-pocket costs would be explained clearly?
• Did the staff greet you warmly when you arrived and treat you respectfully and professionally throughout your visit?
• Is the office easy for you to get to and what about parking access…safe, affordable, nearby, etc.?
• Was the office décor professional, but comfortable or was it overly pretentious?
• Could you clearly hear other conversations while in the attorney’s office that did not include you?  What about other confidential matters…could you see client names on files lying around?
• After meeting the attorney in person, what do your instincts say about him or her?  Make sure your frustration over having to seek legal advice in the first place isn’t being misinterpreted as your inner voice.  If you didn’t have this legal matter on your plate, do you feel the attorney has your best interests at heart, is good communicator and teacher?  If not, keep looking

3. Remember no employee can give legal advice unless they are licensed to practice law in your state. Yes, you can usually make contact with a staff member more quickly and you are usually not charged to talk with an employee, HOWEVER, they are NOT attorneys, CANNOT give legal advice and if they are true professionals, they will remind you of that each time you ask them a question that would require legal advice to answer.

4. Be yourself and relax as much as possible when meeting with your attorney.  Yes, they are the legal experts and you respect their legal expertise, BUT they are humans too and aren’t to be put on a pedestal because you think they are smarter than you (they are when it comes to legal matters most likely –  hopefully — but you are smarter than they are in other subjects no doubt). And, reversely, don’t assume from the onset that your lawyers can’t be trusted just because they are a lawyer and, therefore, the bunt of many lawyer jokes.   Trust is and should be the foundation of your entire attorney-client relationship. It can’t be demanded by either of you, however, as it must be earned. Be open and expecting a trusting relationship to develop and if you’ve chosen your attorney wisely and an ethical one, the trust will build quickly.

5. Don’t talk rudely to the staff.  They are not your hired punching bag and should be treated with the same respect you expect from them

6. If you have a legitimate gripe against your attorney, let him or her know that ASAP in an effort to get things back on track sooner than later. If you keep your concern to yourself or complain to any and everyone, but him or her, it will only grow and become far thornier and troublesome that it needs to be…not to mention your stress level over it.  Attorneys are human like you. They make mistakes and sometimes say or do the wrong thing.  Even the best of the best mess up occasionally with poor communications, over-promising too much to too many, etc.  Just don’t compound his or her oversight, miscommunication or other error by failing to talk directly and promptly with them about what’s bothering you.

7. When you call or meet with your attorney, be prepared!  Have your list of questions written down along with any key points you want to make sure to make clear to them during the conversation. And, take good notes…ask your attorney to also give you his/her written summary of your meeting including what was decided, who is to do what by when, etc.  Better yet, before leaving ask your attorney to give you a verbal summary of those same things so the chances of a miscommunication will be minimized.

8. Be a good listener!  While your attorney is talking, listen carefully and don’t be thinking about where you have to go after the meeting, your to do list or what you want to say next…just listen and listen carefully.  Think of this way, if you don’t have to keep asking the same questions over and over because of your poor listening skills, you WILL save money! And, that’s always a good thing!

9. Hold your attorney accountable to do what they promise to do and the time frame within which they assured you it would be done.  Ditto about your promises to get the firm documents or other materials and information they need for you to gather. Keep your word and do things in a timely fashion.  By the way, if your attorney repeatedly does not return your calls in a reasonable time or complete other things as promised, fire him or her and hire a new one.  When folks repeatedly apologize for their delays, but keep repeating the same actions or non-actions, their apologies mean zilch.  Yes, it’s that simple… so remember your time is just as valuable as your attorney’s and if they don’t value it or the promises made to you, don’t be scared to say “Goodbye” and find another one that will.

10. Just like I recommend in #6 above about letting your attorney know promptly if you are “miffed” over any thing ….. a big Ditto for letting them know what you appreciate them for  – things they and their employees have done for you that meant a lot (little things, big or in-between).

Yes, you’re paying them to do a job for you.  We are all human, however, and it does motivate attorneys and feel good to receive positive feedback from their clients.  Heavens know, we all are subject to the old saying: “When I’m right, who remembers and when I’m wrong, who the heck forgets!” And, sadly, there’s plenty of negativity and disparaging jokes from which to choose when it comes to the subject of attorneys these days.

Clients need their attorneys to take care of their legal needs in a positive and progressive manner.  Attorneys need their client to do their part in the same manner and this includes the occasional “Thank You” in the midst of it all.

You and your attorney are indeed a team during this chapter of your life — albeit not a fun situation to be in — I know that from personal experience and from observing what my wonderful clients during my years of practicing law.

Successful resolutions have the best chance of growing from teams where all members support each other 100%,  And, when they don’t do that, well… successful conclusions may result, but only by chance.

You are indeed a critical part of your legal team and just as valuable as all other team members.  Never forget that and do your part 100%,  If you’re unwilling to do so, then you certainly won’t have a legitimate gripe when you feel your attorney has let you down?

Your attorney will appreciate your efforts to be a productive team member, the resolutions will most likely be of a higher quality and come more quickly … and you and your attorney can always look back on a tough job well done…together.