Law 20 Client Relations and Communication Skills

Objectives o Discuss factors that will promote effective client relationships. o Discuss ways to communicate effectively. o Identify communication barriers. o Explain the importance of good listening skills. o Identify the pros and cons of using groups to make decisions. o Discuss the characteristics of a leader. 2

Client Relationships o Attorneys have an ethical duty to communicate with clients. Model Rule 1.4, Communication, states: 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. o Generally an attorney must: o Inform a client on the status of his or her case. o Timely respond to a client’s request for information. o Inform clients promptly about important information. o Not cover up a matter if he or she failed to carry out the client’s instructions. o Notify a client if the attorney is leaving a firm or quitting the practice of law. o Notify a client if he or she is stopping work on a client’s case. o Explain the law, and benefits and risks of alternative courses of action. o Notify and communicate settlement offers to clients. 3

Fostering Client Relationships o Treat each client as if he or she were your only client. o Send copies of all documents produced for the client’s case to the client. o Do not use legalese. o Return client phone calls immediately. o Be courteous, empathetic, and professional at all times. o Respond to client requests in a timely fashion, and keep your promises. o Give clients routine, periodic status reports on their cases. o Do not share personal or office problems with clients. o Preserve client confidences. o Use client surveys to gain insight into client needs. o Publish a client manual. o Take conflicts seriously, and be ethical. o Do not procrastinate. 4

Resolving Client Dissatisfaction o Strategies: o Listen to the complaint; do not interrupt, and do not argue. o Empathically listen. o Do not overstep your bounds or promise something you cannot deliver. o Take notes. o Forward serious complaints to your supervising attorney, and be honest. o Do not ignore the complaint. o Realize that some clients will always complain. o Realize that you may have personality conflicts with some clients. 5

Clients and Technology o o attachments (particularly Microsoft Office products, since this is what many corporations and individual users own) o Extranet o Attorneys’ and legal professionals’ mobile phone numbers o Electronic billing 6

Dealing with Difficult Clients o Staying calm and maintaining professionalism o Documenting conversations o Being courteous but maintaining an arm’s-length relationship o Keeping the attorney fully informed 7

Communication Skills o A communication barrier inhibits or prevents the receiver from obtaining the correct message from the sender o Barriers include: o Different cultural backgrounds between sender and receiver o Different perceptions o Different understandings o Different ages o Noise o Noise refers to any situation that interferes with or distorts the message being communicated from a sender to a receiver. o Feedback is information sent in response to the sender’s message. This is the only way the sender knows whether his or her information was properly received as intended. 8

Nonverbal Communication o Nonverbal communicators include: o Eye contact o Facial expressions o Posture o Appearance o Clothing o Tone of voice o Gestures 9

Improving Your Communication Skills o Listening. o Keeping it simple and to the point. o Considering your nonverbal signals, such as how you are dressed, whether or not you are o fidgeting, or if you have your hands in your pockets. o Not becoming emotional. o Making eye contact. o Being precise and clear, so nothing is left to the imagination. o Tailoring the content of your communication for your audience. o Considering the timing and context of your communication. o Not being judgmental/avoiding negatives. o Asking questions. o Rephrasing things. Rephrasing is the technique of telling the sender your understanding of the o communication or conversation. It allows the sender to clarify information that might not have o been understood clearly. o Using good telephone techniques: o Be businesslike and use a professional tone at all times. o Put the caller at ease. o Refer to the caller by name. o When taking messages, always get the telephone number of the person. o Repeat the message back. o Identify yourself as a legal assistant. o Find out the subject matter of the call. o Be careful of talking about sensitive matters on mobile phones. o Try to answer your phone personally (when not with a client). o Only put callers on hold for a short period. 10

Leadership and Communication o Be an expert on what you are talking out. People around you will develop confidence in your abilities and rely upon your judgment and knowledge. o Be honest. Develop a reputation for honesty and integrity. o Stay calm. Good leaders stay calm under fire. o Trust and support subordinates. o Take risks, and do not be afraid to fail. o Encourage honest opinions from others. o Set goals and visions. o Be respectful. 11

Group Communication o Advantages of groups include: o Groups tend to make more accurate decisions, since they have a greater perspective. o When a group makes a decision, it can be implemented easier than if made alone. o Group members can explain the group’s decision, since there were included in the process. o Disadvantages of groups include: o Decisions made by groups take up to 50% longer than decisions made by individuals. o Group decisions are often compromises rather than the most appropriate option. o “Groupthink” can occur. Groupthink is where group cohesiveness and consensus become stronger than the desire for the best possible decision. o Groups sometimes make more risky decisions than individuals. 12

Communication in Interviewing Clients o Prepare for the interview. o Break the ice. o Always inform the person you are interviewing that you are a legal assistant. o Listen carefully. o Communicate sincerity. o Be empathetic. o Organize the information. o Ask questions. o Do not be judgmental. o Never say “You have a great case.” o Leave fee discussions to the attorney. 13