Thanking Clients Should Be Part of Your Closing Ritual

When was the last time you thanked clients for their business?  Asked for their feedback?  Welcomed their referrals?  Invited them to call you with questions or concerns in other areas of your practice?

All of this can and should be part of your file closing ritual. The work may be done, but your client relationship doesn’t have to be.

Your closing letter should cover the essentials, show appreciation, and cross-market your services

  • Inform the client that work is now complete and your representation is over
  • Return original client documents
  • Establish responsibility for current or future tasks
  • Advise the client of your file retention and retrieval policies
  • Answer final questions
  • Thank the client for allowing you to be of service
  • Invite the client to subscribe to your blog, YouTube channel, or social media posts
  • Educate the client about your other areas of practice
  • Let the client know you welcome referrals (see below)
  • Ask the client for his or her feedback (see below)

Send out surveys

A well-designed client survey will give you insight about what you’re doing right and what needs improvement. Increase your chances of getting a timely response by delivering the survey in a format suited to the particular client: paper, fillable PDF, or online via Survey Monkey or a similar service. For a side-by-side comparison of online survey tools, see The Best Online Survey Tools of 2016 from PC Magazine.

Sample Survey Language

The ABC Law Firm is committed to providing high quality service to all of our clients.  To help us achieve that goal, we would like your feedback regarding our services.  Please let us know how we are doing by completing the survey below.  

New to the process?

If you’ve never done a client survey before, spend some time doing a little research. Here’s a great post by Sterling Miller with his patented “ten things” to consider when creating, distributing, and analyzing a client survey.

Like to see a survey in action? Check out this example. Still not clear on what you should ask in your survey? Here is a list of 27 questions to include from Lawyers Mutual. Sample client surveys are also available on the PLF Website.  From the home page, select Practice Management > Forms > Client Relations.

Invite clients back and welcome referrals

If you perceive this as “trolling” for work, I hope you change your mind.  Letting clients know about your other areas of practice or inviting their referrals is perfectly professional:

As you may know, ABC Law Firm provides business, real estate, and land use services to a wide variety of clients.  If you know of anyone in need of legal services, I hope you will keep us in mind. 

Again, I thank you for your business and appreciate the opportunity to work with you.  If I can be of any assistance to you in the future, please do not hesitate to call me at (phone number). 

Automate first, then personalize

Client closing letters are “one more thing to do” in a busy practice.  I get it.  But don’t let them slide: your clients need the information and you need the protection that written disengagement letters offer.

  • Make the process easier by creating forms or templates.
  • If you practice in an area where your clients often have numerous tasks to perform, consider moving those items to an attached checklist.  It will make your letter shorter and the process easier for the client to follow.
  • Start using a file closing checklist. It will remind you to send a closing letter and take you through all the other details that must be tended to when a client file is closed. You can find a sample on the PLF Website.  From the home page, select Practice Management > Forms > File Management.
  • When you are ready to close a file, bring up your boilerplate. Modify it in a two-step process. First, change the form as needed to fit the case. Second, and more critical to your relationship, take the time to personalize your parting words to the client.

Find time to send personalized closing letters by delegating routine file closing tasks to staff, such as reviewing the file for documents that should be added to the firm’s template directories, adding additional names from the file to your conflict system, or entering the file in your closed file inventory.

Make thanking clients part of your everyday

Small gestures can make a big difference in client relationships.  Don’t wait until it’s all over to say “thank you.”   Express appreciation often: after visiting a client’s office or facility, for any kindness the client shows, in your holiday greeting, as part of your open house invitation, or in recognition of a long-standing relationship.  Remember: getting and keeping good clients is substantially easier than courting new ones.

All Rights Reserved Beverly Michaelis 2017

A New Ethics Standard for Client Email?

A long time ago, in a galaxy far, far away the ABA issued Formal Ethics Opinion 99-413, the gist of which was to give law firms a free pass when it came to email encryption. Since 1999, technology has evolved by leaps and bounds, the ABA has updated its model rules, and cybersecurity is a national concern.  Therefore, it should be no surprise the ABA chose to revisit its 18 year-old position on email and electronic communications.

The New ABA Standard

Is email encryption required by the new ABA opinion?  Yes and no.

As Bob Ambrogi reports in his blog:

In this new opinion, the committee declined to draw a bright line as to when encryption is required or as to the other security measures lawyers should take. Instead, the committee recommended that lawyers undergo a “fact-based analysis” that includes evaluating factors such as:

  • The sensitivity of the information.
  • The likelihood of disclosure if additional safeguards are not employed.
  • The cost of employing additional safeguards.
  • The difficulty of implementing the safeguards.
  • The extent to which the safeguards adversely affect the lawyer’s ability to represent clients (e.g., by making a device or important piece of software excessively difficult to use).

However, special security precautions may be required “to protect against the inadvertent or unauthorized disclosure of client information when required by an agreement with the client or by law, or when the nature of the information requires a higher degree of security.” ABA Formal Opinion 477.

The Oregon Standard

The last bit of ABA Formal Opinion 477 may sound familiar to Oregon lawyers.  In this article written by Helen Hierschbiel in 2010, the bar gave us some insight on the topic of electronic communications, including email:

Although use of electronic communications is not a per se violation of the duty of confidentiality, special precautions may be necessary in particular circumstances. For example, if information is particularly sensitive or subject to a confidentiality agreement, a lawyer may need to implement special security measures. Also, if a client requests it, a lawyer may be required to avoid, or be allowed to use, a particular type of electronic communication notwithstanding expectations of privacy in the communication method.

While the article cites to a model rule that was later amended, the parallels between Hierschbiel’s language and that of the new opinion are hard to miss.  Bottom line? Email encryption is required if the circumstances warrant it.

Choosing an Email Encryption App

Fortunately, Bob Ambrogi has come to our rescue yet again.  In his article, Encryption so Easy a Lawyer Can Do It, Bob discusses three incredibly simple solutions that allow lawyers to send encrypted messages.  No more clunky interface requiring the sender to transmit keys before the recipient decrypts the message.  No more need for both parties to use the same software.  (Although a simple plug-in may be needed, depending on the software you choose.)

With secure cloud-based solutions Enlocked, Virtru, or Delivery Trust, Ambrogi concludes:

What all three programs have in common is that they make encryption as easy as the push of a button.  If you use email to communicate with clients or colleagues about sensitive matters – and what lawyer does not? – you have no excuse not to encrypt.

What To Do Next

  • Encrypt all client email, not some client email.  Why?  Mainly to eliminate guesswork, reduce risk, and preserve your sanity.  Not convinced?  Consider how clients might view on again/off again encryption: some messages are worth protecting and other’s aren’t?  Hmmm….
  • Put sensitive content behind a secure client portal.  Many practice management programs have this functionality, but if yours doesn’t, consider Slack.
  • Discuss electronic communication policies with clients and reiterate them in your fee agreement or engagement letter.

All Rights Reserved Beverly Michaelis 2017

Revisiting Smart Delegation

mg1ysmkWhen we last discussed the subject of delegation, I shared tips for supervising lawyers and associates. That advice was fine as far as it went, but it left a gaping hole: how can we best utilize support staff? Being S-M-A-R-T is the best answer I’ve found to date.

S-M-A-R-T is shorthand for delegating tasks that are:

  • Specific
  • Measurable
  • Agreed
  • Realistic
  • Time-bound

The idea comes from Associate’s Mind, and the simplicity is genius.

The original post gives this additional advice:

Define the task. The more specific the better. Don’t attempt to delegate some open-ended assignment and then get upset with what you get back.
Assess ability. Who on your staff is capable of completing the task? Certain tasks are likely better suited to paralegals, while others are better suited to assistants. You need to take the time to learn who can do what. Once you’ve done that, you can select the right individual for the job.
Explain the reasons behind the task and why they were chosen.  This only applies if it’s a new, or novel task.
State required results.  Again, think specificity NOT “Tell me about the local rules in Court X.” Instead: “Please draft a memo on the local rules in Court X regarding discovery deadlines and how they apply to case Y.”
Agreed upon deadline. Don’t just assign a task and not give a deadline. Otherwise, the person you’re delegating the task to has no clue how urgent it is.
Support and communicate through the process if they need further information or assistance. Sometimes there are speed bumps in the process. This is to be expected, especially if it’s a novel task. You need to be available to give assistance if they stumble.
Provide feedback on results.  If the work product that is returned to you is sub-par, they need to know. On the flipside, if the work product is exactly what you needed and delivered on time, they deserve positive feedback as well.

My two cents?

If a task is complex or time-consuming, make regular progress reports part of the delegated assignment.  This will keep you informed and ease your mind about the status of the work.  Encourage staff to ask questions and use this opportunity to ferret out problems.

When giving feedback, be constructive.  Simply telling staff that work product is “sub-par,” doesn’t help you or them.  In fact, statistics show that people who receive feedback only apply it about 30% of the time.  If you want to improve those odds, follow these tips:

  • Assess what went wrong and consider your role – maybe you used the S-M-A-R-T method and maybe you didn’t….
  • Focus on the task, not the person. This is a training opportunity!
  • Is your quarrel with the method or the result?  If the result is desirable, but you would have done it differently, try not to be a nitpicker unless you have a good reason to be.
  • Be specific about what needs to be done differently and provide context.
  • Deliver the feedback as soon as possible.

All Rights Reserved (2017) Beverly Michaelis

 

 

 

 

 

 

 

 

 

Ethics CLE June 7  2017 – Ethical Guidelines for Client Files

Join me for a CLE on June 7, 2017 about OSB Formal Ethics Opinions 2016-191 – Client Property: Electronic-Only or “Paperless” Client Documents and 2017-192 – Client Property: Duplication Charges for Client Files, Production or Withholding of Client Files. Learn:

What are lawyers required to produce and when?

  • In some cases, lawyer notes and communications must be produced, in other instances they can be withheld: do you know the difference?
  • If you store data in proprietary law office software (e.g. in a docketing or practice management program), must you extract and convert the data for the client?
  • What circumstance might provoke disclosure of “confidential” information belonging to another client?
  • Can you refuse to deliver file material on the grounds that it is too burdensome or expensive to produce?
  • Is it possible to deliver less than the “entire client file” if the client consents?
  • Are you required to produce work product? Conflict information? Time and expense records? Reports about the client’s creditworthiness? Expert witness information? Metadata? Text messages?

Standards governing retention and storage of client files – Is it ethical to store client files electronically? Do any exceptions apply? What duties does a lawyer have when using electronic-only storage?

When to charge for locating, segregating, or duplicating file material – When you can (and can’t) pass costs on to the client, whether client originals can ever be destroyed, and your ethical responsibilities to the “impecunious client.”

Appreciate the difference between ethical duties and discoverability – The interplay of the Oregon Rules of Professional Conduct vs. state and federal rules of civil procedure.

Throughout the program “best practice” tips will be shared.

Date/Time/Location

Wednesday, June 7, 2017 from 10:00 a.m. to 11:30 a.m. Pacific Time.  This is a live, online webinar. Watch from your desktop computer or mobile device. Connect to audio via telephone or computer/device speakers.

Who Should Attend?

Lawyers, office managers or administrators, staff – anyone interested in learning more about Oregon’s new formal ethics opinions, 2016-191 and 2017-192.

Does the Program Include Written Materials?

Yes.  Written materials will be distributed electronically to all registered attendees before the event.

Ask Questions/Participate in Live Polling

Questions are welcome during the live event.  Attendees are also encouraged to participate in live, anonymous polling.

Registration Fee

$25 – Visit the Upcoming CLE page or click here, or choose the Register button below. Secure payment processing powered by Eventbrite. Visa, MasterCard, Discover, and American Express accepted. Program materials included in the registration price.

Eventbrite - Ethical Guidelines for Client Files

MCLE Credits
1.5 Ethics MCLE Credits pending.

Can’t Attend?

Video and audio recordings of Ethical Guidelines for Client Files will be available to download along with the program materials following the June 7 CLE. Price: $25. Contact me or visit my online CLE store after June 7.

All Rights Reserved [2017] Beverly Michaelis