1. Client Relations and Communication Skills Chapter 4 Practical Law Office Management, 3 rd Edition, Thomson Delmar Learning ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.

2. 2 Attorneys’ Ethical Duty to Communicate with Clients Model Rules of Professional Conduct Rule 1.4 Communication a) A lawyer shall: (1) Promptly inform the client of any decision or circumstance with respect to which the client’s informed consent, as defined in rule 1.0(e), is required by these rules; (2) Reasonably consult with the client about the means by which the client’s objectives are to be accomplished; (3) Keep the client reasonably informed about the status of the matter; (4) Promptly comply with reasonable requests for information; and (5) Consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the rules of professional conduct or other law. (B) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

3. 3 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Attorneys’ Ethical Duty to Communicate with Clients Generally an attorney must: Inform a client on the status of his or her case. Timely respond to a client’s request for information. Inform clients promptly about important information. Not cover up a matter if he or she failed to carry out the client’s instructions. Notify a client if the attorney is leaving a firm or quitting the practice of law. Notify a client if he or she is stopping work on a client’s case. Explain the law, and benefits and risks of alternative courses of action. Notify and communicate settlement offers to clients.

4. 4 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Client Relationships Ways to foster positive client relationships: Treat each client as if he or she were your only client. Send copies of all documents produced for the client’s case to the client. Do not use legalese. Return client phone calls immediately. Be courteous, empathetic, and professional at all times. Respond to client requests in a timely fashion, and keep your promises.

5. 5 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Client Relationships Ways to foster positive client relationships: Give clients routine, periodic status reports on their cases. Do not share personal or office problems with clients. Preserve client confidences. Use client surveys to gain insight into client needs. Publish a client manual. Take conflicts seriously, and be ethical. Do not procrastinate.

6. 6 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Client Relationships What Clients LikeWhat Clients Dislike FriendlinessBeing talked down to CompetenceArrogance PromptnessStaff acting bored or uninterested Being able to reach attorneys/ staff on the first try Impatience Excellent follow-upRudeness Not being billed for every two-minute phone call Calls and e-mails not returned Attorneys/staff taking extra time to explain the legal process in layperson’s terms Incorrect billings

7. 7 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Client Relationships What Clients LikeWhat Clients Dislike Listening and paying attention to what the client has to say Being forgotten, treated as unimportant, or taken for granted Demonstrating genuine interest in the client’s problems and concerns year in and year out Confidentiality breaches HonestyErrors Good financial stewardshipPoor-quality work Completing work on timeMultiple staff billing for the same event Waiting in the waiting room when they have an appointment and are on time

8. 8 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Client Relationships – Know Your Client When dealing with the client, take into account his or her emotional/mental/physical state. Establish basic trust in the relationship at every opportunity by listening to their needs, being honest, and being respectful. Ask your clients what their concerns are about the matter. Ask your clients what their businesses are about. Do research on your own about their businesses and industries. Ask how they prefer to be communicated with (in person, e-mail, telephone, voice mail, etc.) Ask them how often they want to be communicated with. Ask how you can serve them better periodically.

9. 9 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Client Relationships – Treat Each Client as if He or She Is Your Only Client When you meet with a client, only have his or her file on your desk. Never take another call when meeting with a client, and let others know not to disturb you. Never talk about how busy you are or about other cases to clients. Particularly with new clients, it is important that the initial meeting go well and that law office staff are immediately available after a referral is made. Particularly with new clients, be sure and mention whether the firm has handled similar cases in the past. Clients like to know the firm is experienced regarding the subject matter of their case.

10. 10 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Client Relationships Send copies of all documents to clients. Do not use legalese. Return all phone calls, and reply to e-mails and voice mails immediately. Be courteous and professional. Respond to clients requests, and keep promises. Give periodic updates. Never share personal problems or complain to clients. Preserve client confidences. Survey clients.

11. 11 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Client Relationships Management must help promote good client relations. Publish a client manual. Take conflicts of interests seriously, and be ethical. Do not procrastinate.

12. 12 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Client Relationships – Resolving Client Dissatisfaction Strategies for resolving client dissatisfaction: Empathetically listen to the complaint; do not interrupt, and do not argue. Do not overstep your bounds or promise something you cannot deliver. Take notes. Forward complaints to your supervising attorney, and be honest. Do not ignore the complaint. Realize that some clients will always complain. Realize that you may have personality conflicts with some clients.

13. 13 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Client Relationships - Technology Clients are demanding greater use of technology to serve them. E-mail E-mail attachments (particularly Microsoft Office products, since this is what many corporations and individuals use) Extranet Attorneys’ and legal professionals’ mobile phone numbers Electronic billing

14. 14 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Client Relationships – Why Do Clients Leave? Why Clients Leave Law OfficesPercent Death1% Move3% Dislike the product5% Have a dispute that is not addressed or corrected24% Feel they were treated discourteously, indifferently, or were simply not given good service 67%

15. 15 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Client Relationships – Difficult Clients Stay calm and maintain professionalism. Document conversations. Be courteous, but maintain an arm’s-length relationship. Keep the attorney fully informed.

16. 16 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Improving Communication Skills Listen. Consider your nonverbal signals, such as how you are dressed, whether or not you are fidgeting, or if you have your hands in your pockets. Do not become emotional. Make eye contact. Be precise and clear, so nothing is left to the imagination. Tailor the content of your communication for your audience. Consider the timing and context of your communication. Do not be judgmental/avoid negatives. Ask questions. Rephrase things.

17. 17 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. 10 Commandments of Good Listening 1.STOP TALKING! You cannot listen if you are talking. 2.PUT THE TALKER AT EASE. Help the person feel that he or she is free to talk. 3.SHOW THE INDIVIDUAL THAT YOU WANT TO LISTEN. Look and act interested. Do not read your e-mail while the person talks. Listen to understand, rather than to oppose. 4.REMOVE DISTRACTIONS. Do not doodle, tap, or shuffle papers. 5.EMPATHIZE WITH THE PERSON. Try to see the other person’s point of view.

18. 18 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. 10 Commandments of Good Listening 6.BE PATIENT. Allow plenty of time. Do not interrupt. Don’t start for the door or walk away. 7.HOLD YOUR TEMPER. An angry person gets the wrong meaning from words. 8.GO EASY ON ARGUMENT AND CRITICISM. This puts the person on the defensive. He or she may “clam up” or get angry. Do not argue: even if you win, you lose. 9.ASK QUESTIONS. This encourages the speaker and shows that you are listening. It also helps to develop points further. 10. STOP TALKING! SOURCE: Davis, K. (1972). Human behavior at work (4th ed.). ©1972, McGraw-Hill. Reprinted with permission of McGraw-Hill.

19. 19 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Traits of a Leader Be an expert on what you are talking about. People around you will develop confidence in your abilities and rely upon your judgment and knowledge. Be honest. Develop a reputation for honesty and integrity. Stay calm. Good leaders stay calm under fire. Trust and support subordinates. Take risks, and do not be afraid to fail. Encourage honest opinions from others. Set goals and visions. Be respectful.

20. 20 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Advantages of Group Communication Groups tend to make more accurate decisions, since they have a greater perspective. When a group makes a decision, it can be implemented easier than if made alone. Group members can explain the group’s decision, since they were included in the process.

21. 21 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Disadvantages of Group Communication Decisions made by groups take up to 50% longer than decisions made by individuals. Group decisions are often compromises rather than the most appropriate option. “Groupthink” can occur. Groupthink is where group cohesiveness and consensus becomes stronger than the desire for the best possible decision. Groups sometimes make more risky decisions than individuals. Groups can be dominated by one or more individuals.

22. 22 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Interviewing Prepare for the interview. Break the ice. Always inform the person you are interviewing that you are a legal assistant. Listen carefully. Communicate sincerity. Be empathetic. Organize the information. Ask questions. Do not be judgmental. Never say “You have a great case.” Leave fee discussions to the attorney.

23. Legal Marketing Practical Law Office Management, 3 rd Edition, Thomson Delmar Learning Chapter 8 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED.

24. 24 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Legal Marketing Legal marketing - the process of educating consumers on a firm’s legal and business activities it uses to deliver quality and ethical legal services. Landmark Supreme Court case of Bates v. State Bar of Arizona, 433 U.S. 350 (1977)

25. 25 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Goals of Marketing Educating clients and potential clients regarding the firm’s array of services. Educating clients and potential clients as to the particular expertise of the firm in certain areas. Creating goodwill and interest in the firm. Creating positive name recognition for the firm. Creating an image of honesty, ethics, and sincere interest in clients. Publicizing the firm’s accomplishments to the profession and community. Educating clients on changes in the law, thus creating client confidence in the firm.

26. 26 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Goals of Marketing Improving the firm’s competitive position in the marketplace. Obtaining referrals from other attorneys. Maintaining communication with existing clients. Obtaining repeat business from existing clients. Increasing client loyalty and client retention. Increasing staff morale and reinforcing your firm’s self-image.

27. 27 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Law Firms Employing Marketing Staff DescriptionPercent Professional Marketing Staff50% Client Services Staff24% Professional Sales Staff6% Business Development Coach6% Does your firm currently employ individuals in the following in-house role? Source: American Bar Association. (2005, March). Solo and small firm marketing pulse 2005. Law Practice, 44.

28. 28 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Law Firms Using Legal Marketing Consultants Do you currently have an ongoing relationship with any of the following? Source: American Bar Association. (2005, March). Solo and small firm marketing pulse 2005. Law Practice, 44. DescriptionPercent Legal Marketing/Business Development70% Legal Management Consultant Who Advises on Marketing 35% Advertising Agency44% Public Relations Counsel62% Personal Coach43%

29. 29 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Legal Marketing Budgets No. of LawyersMarketing Dollars Spent per Lawyer Annually Percent of Firm Revenue Under 9$6,2602.0% 9-20$5,8661.8% 21-40$6,2001.9% 41-75$6,3361.8% 76-150$6,6821.7% 151+ lawyers$6,6351.5% Source: American Bar Association. (2005, March). Solo and small firm marketing hurdle. Law Practice, p. 33, citing 2004 Altman Weil Survey of Law Firm Economics.

30. 30 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Plan ] 1. 1.Develop a Strategic Business Plan for the Firm. What market will we compete in? Who are our competitors? What are the needs of the clients? What direction is our firm headed in? 2. 2.Who is Our Target Market and What are the Goals of the Marketing Program? Define our clients by geographical area, gender, age, education, occupation, financial status, and marital status. Where can our clients be found? How can we best make them aware of the firm’s services? What are we trying to accomplish through our marketing plan?

31. 31 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Plan 2. (continued) Types of Client Markets: Government - federal, state, local Business Organizations - publicly owned, privately owned, non- profit institutions, small businesses, large businesses Labor Organizations Individuals - middle class, wealthy, disadvantaged

32. 32 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Plan 2. (Continued) Legal Specialty Markets Administrative Law Criminal Law Admiralty Law Employee Benefit Law Antitrust Law Entertainment Law Banking Law Environmental Law Bankruptcy Law Estates, Trusts, and Probate Civil Rights Law Family Law Collections Law Immigration Law Contract Law Insurance Law Corporate Law International Law Labor Law Social Security Law Landlord and Tenant Law Tax Law Litigation Tort Law Military Law Water Law Municipal Finance Law Workers’ Compensation Law Oil and Gas Law Real Estate Law

33. 33 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Plan 3. Research the Market. What do our target clients want? What do our target clients need? What services should we provide to our target clients? Researching the Market: Study our own marketing successes/failures. Study the marketing efforts of competitors. Survey the target group (talk to them, ask what they want). Use in-house surveys to survey clients. Talk to consultants.

34. 34 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Plan 4. 4.Examine Problems. Anticipate what problems will be encountered, and create possible solutions. 5. 5.Develop Specific Strategies and an Action Plan For Meeting the Goals. Set specific strategies for achieving the goals, including marketing techniques that will be used to convey the message, pricing strategies, and so forth. 6. Develop a Marketing Budget and Analyze Resources.

35. 35 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Options/Strategies Internet site E-mail newsletter Online yellow pages Keyword-searching advertising on search engine sites Firm brochures and resume Hard-copy newsletter Promotional materials (folders, pencils, and more, with law office logo) Business cards/letterhead/announcement cards Subject area information brochures (e.g., tax, auto accidents, etc.)

36. 36 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Options/Strategies Public Relations – Belonging to boards, associations, and community groups – Speaking at public functions – Writing articles on legal subjects for the local newspaper – Issuing press releases – Handling publicized pro bono cases – Volunteering in “law day” activities – Volunteering staff time to help with fundraisers for community groups Running for Public Office

37. 37 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Options/Strategies Firm Open House Public Advertising – Yellow pages ads – Newspaper ads – Newspaper inserts – Television ads – Radio ads Client Seminars

38. 38 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Options/Strategies Direct Mail (not allowable in some states) Mining Other Legal Professionals – Obtaining referrals – Joining legal associations – Networking with other legal professionals Mining Friends, Associates, and Social Contacts Regarding the Legal Services Offered – Making a call or contact list, including a mailing list – Contacting them monthly or quarterly – Breakfast, lunch, or dinner engagements regarding their needs and your services

39. 39 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Marketing Options/Strategies Mining Existing Clients – Contacting current and past clients monthly – Cross-selling – Breakfast, lunch, or dinner engagements regarding their needs and your services – Personal notes of congratulations or accomplishments – Holiday cards – Thank-you notes for referrals – Reading trade journals regarding a client’s business

40. 40 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Rainmakers “Rainmaking” refers to the ability to bring in new clients to a law office. What makes a good rainmaker is helping clients achieve their business goals and dreams.

41. 41 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. No False or Misleading Statements in Advertising - ABA Model Rule 7.1 Rule 7.1 Communications Concerning a Lawyer’s Services A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.

42. 42 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Advertising – Model Rule 7.2 Rule 7.2 Advertising (a) Subject to the requirements of Rules 7.1 and 7.3, a lawyer may advertise services through written, recorded, or electronic communication, including public media. (b) A lawyer shall not give anything of value to a person for recommending the lawyer’s services except that a lawyer may (1) pay the reasonable costs of advertisements or communications permitted by this Rule; (2) pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service. A qualified lawyer referral service is a lawyer referral service that has been approved by an appropriate regulatory authority;

43. 43 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Advertising – Model Rule 7.2 Rule 7.2 Advertising (continued) ( 3) pay for a law practice in accordance with Rule 1.17; and (4) refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if (i) the reciprocal referral agreement is not exclusive, and (ii) the client is informed of the existence and nature of the agreement. (c) Any communication made pursuant to this rule shall include the name and office address of at least one lawyer or law firm responsible for its content.

44. 44 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. No Direct Solicitation of Clients - Model Rule 7.3 Rule 7.3 Direct Contact with Prospective Clients (a) A lawyer shall not by in-person, live telephone, or real-time electronic contact solicit professional employment from a prospective client when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain, unless the person contacted: (1) is a lawyer; or (2) has a family, close personal, or prior professional relationship with the lawyer.

45. 45 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. No Direct Solicitation of Clients - Model Rule 7.3 Rule 7.3 Direct Contact with Prospective Clients (continued) (b) A lawyer shall not solicit professional employment from a prospective client by written, recorded, or electronic communication or by in-person, telephone, or real-time electronic contact even when not otherwise prohibited by paragraph (a), if: (1) the prospective client has made known to the lawyer a desire not to be solicited by the lawyer; or (2) the solicitation involves coercion, duress, or harassment. (c) Every written, recorded, or electronic communication from a lawyer soliciting professional employment from a prospective client known to be in need of legal services in a particular matter shall include the words “Advertising Material” on the outside envelope, if any, and at the beginning and ending of any recorded or electronic communication, unless the recipient of the communication is a person specified in paragraphs (a)(1) or (a)(2).

46. 46 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. No Direct Solicitation of Clients - Model Rule 7.3 Rule 7.3 Direct Contact with Prospective Clients (continued) (d) Notwithstanding the prohibitions in paragraph (a), a lawyer may participate with a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer that uses in-person or telephone contact to solicit memberships or subscriptions for the plan from persons who are not known to need legal services in a particular matter covered by the plan.

47. 47 ©2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Lawyers as “Specialists” Rule 7.4 Communication of Fields of Practice and Specialization (a) A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law. (b) A lawyer admitted to engage in patent practice before the United States Patent and Trademark Office may use the designation “Patent Attorney” or a substantially similar designation. (c) A lawyer engaged in Admiralty practice may use the designation “Admiralty,” “Proctor in Admiralty,” or a substantially similar designation. (d) A lawyer shall not state or imply that a lawyer is certified as a specialist in a particular field of law, unless: (1) the lawyer has been certified as a specialist by an organization that has been approved by an appropriate state authority or that has been accredited by the American Bar Association; and (2) the name of the certifying organization is clearly identified in the communication.