Tag Archives: client expectations

Think Like a Client

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In 2019 the Institute for the Advancement of the American Legal System and AVVO partnered up to better understand what clients value in their lawyers. The result?
A 32-page report reflecting client preferences, needs, and expectations. Here are some of the key findings:

Communications

It’s no surprise that what matters most to clients is promptness. When you can’t respond promptly, ask staff to reach out. Use outgoing messages or auto-replies that provide information about your availability then follow-up as promised.

Keep clients informed. Don’t make the client ask you for a status update. This is another area where staff can help. Let them make calls or draft emails and memos. If the client has a legal question, you can follow-up. Always copy the client on documents and case activity as the matter proceeds.

Fully answer client questions, give an honest evaluation of the case, discuss options, and review case strategies. Clients want to be in the know.

Demeanor

Professionalism, tolerance, sensitivity, compassion, sociability, courtesy, and respect are all part of demeanor in the client’s eyes. Clients want their lawyer to take a personal interest in their case and demonstrate qualities associated with integrity and trustworthiness.

Fees

Clients who reported positive experiences felt the lawyer’s fee was fair, reasonable, affordable, or competitive. Flexibility, including willingness to set up an alternative fee arrangement, was appreciated. Many clients emphasized the need for billing transparency and avoiding surprises.

More to Learn

As you might imagine, there is more to learn on the subject of thinking like a client. View the full report here.

All Rights Reserved 2020 Beverly Michaelis

Fresh Start for the New Year

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The new year offers each of us the chance to make changes. Not by setting lofty goals, but by committing to small adjustments that can make a big difference in attitude, health, and resilience. Here are 7 micro goals that anyone can follow.

Micro Goal 1 – Cut Your Work Hours

Several years ago I reported on a study from the Annals of Internal Medicine that found people “who work an average of 11 or more hours per day have a 67 percent higher risk of suffering a heart attack or dying from heart disease than people who work a standard seven- to eight-hour day.  Those who work between 10 and 11 hours per day have a 45 percent higher risk.”

Your micro goal: Commit to a 9 hour (or less) work day. The occasional exception is fine, just don’t backslide.

Micro Goal 2 – Stand, Move, Stretch

Sitting in your chair for hours on end shouldn’t be the norm. Stand, move, stretch. Consider a treadmill or standing desk. Better yet, leave the office for a few minutes and walk around the block! Your joints and muscles will thank you.

Your micro goal: Move at least once an hour. Use a cheap timer, an app, recurring task reminders, or whatever it takes to remind yourself to get up. No one will care if you stretch during a deposition or walk to the back of the room during a CLE.

Micro Goal 3 – Just Say No

Find it hard to turn people away? You aren’t alone. I don’t really have a choice. I need the money. Family, friends, or former clients are depending on me. These are things we tell ourselves. Follow this advice to turn the tide.

Your micro goal: Say no at least once a month. As you gain confidence, don’t hesitate to say no whenever necessary.

Micro Goal 4 – Say Goodbye

Too much to do and not enough time? Cull the herd.

  • Review your current client list for matters you regret taking.  If feasible, say goodbye to those clients.
  • Farm out work or delegate to others in your firm. If you’re a solo/small firm practitioner, reach out to colleagues for referrals to a contract lawyer who can get you over the hump.

Your micro goal: Apply your newfound client/case criteria to future matters and screen out cases that aren’t a good match for you.

Micro Goal 5 – Protect your Priorities

What do you want to get done? What are your priorities? When is the last time you even thought about what you wanted?

It’s easy to get pushed around by interruptions: phone calls, texts, emails, pop-in clients, or colleagues.

Your micro goal: Block out time on your calendar for work you want to get done. Treat this time as if it were a client appointment. (No interruptions allowed.) Stay off the Internet unless the task at hand involves being on the Internet. Give the matter your undivided attention.

Micro Goal 6 – Put Your Calendar First

If your calendar contains your personal and business commitments, including time blocks to get work done, let it determine the scheduling for all new promises.

Your micro goal: Check your calendar before promising completion of a time-related task. If there is no “deadline” per se, determine when you can reasonably fit the new project into your schedule. Add it to your calendar and back it up with a task reminder. You gain nothing by promising a quick turnaround if you can’t keep your word.

Micro Goal 7 – Triage When You Know You Can’t Meet a Deadline

If you’re in a pickle – a deadline is approaching and you know you can’t meet it  – the best approach is to face it head on. I know this can be hard. We assume clients or other lawyers will yell at us. The truth is, people are more understanding than we give them credit for. Everyone has been there. They get it.

Your micro goal: Renegotiate deadlines you can’t meet.

You can start over. You can make changes. Never let anyone tell you otherwise.

All Rights Reserved Beverly Michaelis 2020

 

Regain Control in 2019

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Is it really possible to change your work habits?

Absolutely! The new year offers each of us the chance to make changes. Not by setting lofty goals, but by committing to small adjustments that can make a big difference in attitude, health, and resilience.

Cut your work hours

Several years ago I reported on a study from the Annals of Internal Medicine that found people “who work an average of 11 or more hours per day have a 67 percent higher risk of suffering a heart attack or dying from heart disease than people who work a standard seven- to eight-hour day.  Those who work between 10 and 11 hours per day have a 45 percent higher risk.”

Your micro goal: Commit to a 9 hour (or less) work day. The occasional exception is fine, just don’t backslide.

Stand, move, stretch

Sitting in your chair for hours on end shouldn’t be the norm. Stand, move, stretch. Consider a treadmill or standing desk. Better yet, leave the office for a few minutes and walk around the block! Your joints and muscles will thank you.

Your micro goal: Move at least once an hour. Use a cheap timer, an app, recurring task reminders, or whatever it takes to remind yourself to get up. No one will care if you stretch during a deposition or walk to the back of the room during a CLE.

Say no

Find it hard to turn people away? You aren’t alone. I don’t really have a choice. I need the money. Family, friends, or former clients are depending on me. These are things we tell ourselves. Follow this advice to turn the tide.

Your micro goal: Say no at least once a month. As you gain confidence, don’t hesitate to say no whenever necessary.

Cull the herd

Too much to do and not enough time? Cull the herd.

  • Review your current client list for matters you regret taking.  If feasible, say goodbye to those clients.
  • Farm out work or delegate to others in your firm. If you’re a solo/small firm practitioner, reach out to colleagues for referrals to a contract lawyer who can get you over the hump.

Your micro goal: Apply your newfound client/case criteria to future matters and screen out cases that aren’t a good match for you.

Protect your priorities

What do you want to get done? What are your priorities? When is the last time you even thought about what you wanted?

It’s easy to get pushed around by interruptions: phone calls, texts, emails, pop-in clients, or colleagues.

Your micro goal: Block out time on your calendar for work you want to get done. Treat this time as if it were a client appointment. (No interruptions allowed.) Stay off the Internet unless the task at hand involves being on the Internet. Give the matter your undivided attention.

Put your calendar first

If your calendar contains your personal and business commitments, including time blocks to get work done, let it determine the scheduling for all new promises.

Your micro goal: Check your calendar before promising completion of a time-related task. If there is no “deadline” per se, determine when you can reasonably fit the new project into your schedule. Add it to your calendar and back it up with a task reminder. You gain nothing by promising a quick turnaround if you can’t keep your word.

Triage

If you’re in a pickle – a deadline is approaching and you know you can’t meet it  – the best approach is to face it head on. I know this can be hard. We assume clients or other lawyers will yell at us. The truth is, people are more understanding than we give them credit for. Everyone has been there. They get it.

Your micro goal: Renegotiate deadlines you can’t meet.

You can start over and you can make changes. Don’t let anyone tell you otherwise.

All Rights Reserved Beverly Michaelis 2019

 

How to Treat Bad Clients

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When you saw this post title, how did you react? Was your first thought: “Kick ’em to the curb” or “I wonder where this is going?” If it was the former, don’t feel bad – it’s my knee-jerk reaction too.

When we hear the words “bad client,” we instinctively cringe. It conjures up past experiences we would rather not relive. Frankly, nothing could be more unpleasant. So what should we do?

Remedies for bad clients

Want to weed out or eliminate bad clients? Nothing beats:

  1. Screening at intake;
  2. Controlling expectations; and
  3. Knowing when to say no.

Trouble is, most of us know these lessons.  So …

What if a bad client squeezes by?

If there is an irremediable breakdown in the lawyer-client relationship and withdrawal is viable, do it. At this stage, it isn’t going to get better. Yet, some lawyers refuse to do so.

Why would anyone hold on to a client who belittled and berated them? Denied that telephone conversations or email exchanges occurred? Refused to produce materials requested in discovery? Insisted the lawyer use unethical or illegal tactics? (All actual events that have happened to lawyers I know.)

Money is generally the explanation. The lawyer can’t afford to forego the fee (or jeopardize her job). There are other reasons too, like fear and intimidation.

I hope you never experience any of this. If you do, I hope you are strong enough to get out. If you want to talk it over with someone, consider calling one of the confidential attorney counselors at the Oregon Attorney Assistance Program (OAAP).

Is there another approach?

I was motivated to revisit this topic by blogger Celia Elwell. In a recent post, she took on lawyers and legal staff who retaliate against ill-tempered clients by putting the client’s work at the bottom of the stack. Since I’ve witnessed this too, I wanted to share this point made by Ms. Elwell:

Most people, as a rule, do not call an attorney’s office because they are having a good day. Before they became our clients, they realized they had a problem, tried to deal with it, were unsuccessful, stressed, and lost sleep. In short, we are not seeing them at their best.

Take good notes when your clients vent, rant, or repeat themselves. Because they are upset, they may be mistaken or confused. Let the client know that you are listening to them. Interrupt only when you need them to repeat something to make sure you get it right. Document the clients’ concerns, and tell your attorney they called and why.

While her remarks are directed toward staff, they are good reminders for us all.

If you didn’t spot it, notice I suggested above that withdrawal made sense if (a) it was viable and (b) there was an irremediable breakdown in the lawyer-client relationship.

What if you aren’t there yet? This is when Ms. Elwell’s advice comes in handy.

Do not under any circumstances intentionally retaliate by putting the client’s work at the bottom of the stack. At the least, it is unprofessional. It will also likely result in a bar complaint and/or legal malpractice claim. Instead, take the high ground:

  • Try to diagnose what went wrong. Is the client mad at you or someone else? Is the client mistaken or confused? Is this about money? How stressed is the client? Consider scheduling an in-person meeting to air out client concerns.
  • Go out of your way to be courteous and considerate. Instruct staff to do the same.
  • Do high quality work in a timely manner.

It’s easy to be resentful and decide that we’re going to give what we get. But if you go out of your way to appease the upset client, you remove all rational grounds for disputes, complaints, and claims. It’s better to remain professional, even if the “bad” client never appreciates it.

All Rights Reserved 2018 Beverly Michaelis

Postscript

For more tips on improving client relationships, check out this CLE:
7 Steps to Building Better Client Relationships.

 

Reduce Work Hours and Meet Your Goals

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Is it really possible to reduce your work hours and still accomplish what you need to get done?

Absolutely!  If you’re willing to reform your habits and work routine.

A new year offers the opportunity to step back and take a fresh look at how to run your practice.  As someone who likes the idea of starting over and trying something new I am here to encourage you.  Please read on.

business-office

Are you in a rut?

It’s human nature to follow a routine. And this isn’t necessarily a bad thing.  For example, following set procedures for responding to client email, docketing deadlines, or checking conflicts are helpful time management and malpractice avoidance techniques. The problem arises when we form work habits that are self-defeating or even life-threatening.

Working long hours can kill you

Several years ago I reported on a study from the Annals of Internal Medicine that found people “who work an average of 11 or more hours per day have a 67 percent higher risk of suffering a heart attack or dying from heart disease than people who work a standard seven- to eight-hour day.  Those who work between 10 and 11 hours per day have a 45 percent higher risk.”

For those of you who champion working hard and putting in long hours, these numbers are a sobering wakeup call.

Sitting is the new smoking

In 2016 came the admonition: get off your duff to improve your health.

While deadlines may sometimes dictate longer hours, sitting in your chair for 10 or 11 hours a day shouldn’t be the norm.  Long hours translate to physical stress, little or no time to exercise, and eating habits that are often less than stellar (like grabbing fast food on the way home.)

The truth is that none of us can maintain a “7-7-7 schedule” (7:00 am to 7:00 pm seven days a week) without suffering the consequences.  Even if you buy a treadmill or standing desk.

Resolve in 2018 to make changes

If I am describing you, stop.  You can do better, and you’ll be happier for it.  Here’s how to cut back the amount of time spent in the office and still accomplish what you need to get done.

Learn to say “goodbye” and “no.”

Two of my favorite words.  And they should be yours too.

Find it hard to turn people away?  I understand how you feel.  Lawyers face economic pressure: I don’t really have a choice.  I need the money.  And emotional pressure: Family, friends, or former clients are depending on me.  

Next time you want to say “no,” but are struggling, follow this simple advice.

Overwhelmed by the amount of work on your plate?

This is a good news/bad news scenario.

Let’s start with the “bad news” first.  You have too much to do and can’t get it done.  You may be paralyzed or depressed.  You don’t know where to start.  Call the attorney counselors at the Oregon Attorney Assistance Program (OAAP).  They provide free and confidential help with issues just like this.  They can also connect you to resources that can help relieve the pressure.

On the “good news” side, having too much to do means you can afford to be more picky about clients and cases.  Time to cull the herd:

What are your priorities?

What do you want to make a priority?  Create time that is sacrosanct to tackle what you want to get done by blocking out time on your calendar.  Treat this time as if it were a client appointment – take no calls, do not read email.  Stay off the Internet unless the task at hand involves being on the Internet.  Give the matter your undivided attention.

Multi-tasking is for the birds

Or rather, bird brains.  Literally.  It’s just about the worst thing you can try to do.

The idea that we can juggle ten things at once is a myth – we simply can’t do it.  Here is one of the better explanations I’ve read about why multi-tasking doesn’t work.  It was the inspiration for this post.  If you want to do something well, not start over ten times, remember it afterward, and get finished sooner, then single task!

You can control client expectations

Learn to shape and manage client expectations – from the very simple (availability by phone, ability to accommodate unscheduled appointments) to the more complex (meeting client deadlines).  The Professional Liability Fund (PLF) offers sample client brochures that explain office and billing practices.  Consider ordering the OSB-accredited webinar, Seven Steps to Building Better Client Relations.

Give yourself a break with this easy time management technique

Form a new habit for 2018.  Check your calendar first before making a time-related promise to a client.  If there is no “deadline” per se, determine when you can reasonably fit the project into your schedule.  You gain nothing by promising a quick turnaround if you can’t keep your word.

In a pickle? Triage!

If you’re in a pickle – a deadline is approaching and you know you can’t meet it – start triaging.  Call your client.  Call opposing counsel if necessary.  Negotiate a new due date.

I know facing up to deadlines is hard.  I also know many lawyers hesitate to call their clients or the other side because they fear being yelled at.  Know this: your clients and the other side are far more understanding than you give them credit for.  Everyone has been there.  They get it.  It turns out that waiting is not really that big of a problem ninety-nine percent of the time.  And if you need support making these kind of calls, just give a ring to the nice folks at the OAAP.

Get back in control

Getting help may be just the ticket to get your workflow back in control.  Consider temporary staff or a contract attorney.  Questions?  Call your friendly practice management advisor at the PLF for help.

Leaving early?  Good for you!

Last but not least, ditch the guilt of leaving early – it is your well-deserved reward for good planning and efficient work habits.

All Rights Reserved Beverly Michaelis 2018

Postscript

Have I given this advice before?  Absolutely.  But a reminder never hurts.  Especially if you know, as I do, that we all feel discouraged from time to time.  Never forget: you can start over and you can make a change.  Don’t let anyone tell you otherwise.