When was the last time you paused, thought about the recent past, and made a plan for the future?
I know. You’re busy. Clients are calling. Cases demand attention. But you do too. STOP. Now.
The first step is easy
Open your calendar, find a free time slot. Preferably an afternoon, but I’ll take an hour if that’s all you can find. Set a date to reflect and plan.
When the time arrives
Don’t blow it off. Put files, to do lists, and your phone aside.
Set the scene by transitioning away from work. Take a quick walk or listen to music for a few minutes. When you’re ready, sit down with pen and paper. Avoid electronics, as the tendency to stray into work may be too tempting.
Take a self audit
What went well this year? What went poorly? Where do you want to be in 2021? Any ideas about what you might do differently? If no thoughts come to mind, make a list of people you can call. Talking through what to do and how to get there can be a tremendous help.
The ABA COLAP Cafe recently reprinted an excellent article on conducting a year-end self audit. Access it here. Take advantage of our own LAP (lawyers assistance program). The Oregon Attorney Assistance Program is free and confidential. If you know you want change and are at a loss about next steps, or just want someone to run your thoughts by, the OAAP can help. Visit the OAAP website to contact an attorney counselor. Consider scheduling a phone conference now as a follow up to your reserved planning date.
The Policy Committee of the ABA Commission on Lawyer Assistance Programs (CoLAP) and the ABA Working Group to Advance Well-Being in the Legal Profession developed a Well-Being Template for Legal Employers to provide suggested guidelines to legal employers for responding to an employee who is experiencing impairment due to a substance use disorder, mental health disorder or […]
We communicate with clients along a continuum – using emails, texts, letters, phone calls, video conferences, and in-person meetings. When selecting a communication medium, what drives your choice?
When Your Convenience Determines How You Communicate
Choosing a communication medium that is most convenient for you is understandable. Odds are you’re busy, maybe overwhelmed. You have information to convey and want to pass it along to the client quickly and easily. More likely than not, you’ll fire off an email, maybe a text, or post a document and notify the client to login to your secure client portal.
This is perfectly fine if the information you have to convey is cut and dried: not controversial, unexpected, upsetting, or likely to provoke a series of questions.
For best results, prime clients at the first client meeting. Let them know to expect emails, texts, etc. when you have routine information to convey.
When Client Convenience Rules Communication
Some might argue this should be the gold standard 100% of the time: choose the communication method the client prefers or finds most convenient.
While I understand the spirit behind this point of view, it ignores some important realities. Consider this typical scenario: Client sends you a question by email or text, but is unclear in what she is asking or leaves out key details. In the name of letting the client control the means of communication, you can:
Begin an inefficient exchange of messages in an attempt to clarify the question.
Spend an inordinate amount of time “issue spotting,” then answer every conceivable variation of the client’s real question.
Have I made this mistake? Yes, indeed. But the goal here is to do better. Neither of these choices is a good way to go.
Client convenience/preference can rule when you have straightforward information to convey. [Spot a theme here?]
If the client is being murky, don’t text or email. Pick up the phone. You’ll get to bottom of the real question far more quickly. Send back a quick message: “Let me call you to discuss this. Is 2:00 p.m. a good time?”
Purposely Choosing a Communication Method that is Inconvenient for the Client
If we’re being truthful, most lawyers have done this at one time or the other. You leave a voicemail at home because you know the client is at work. You send an email late at night when the client is likely to be sleeping. You mail a letter instead of picking up the phone to talk.
If you occasionally choose a means of communication that avoids contact with your clients, don’t worry about it. You might legitimately go this route to simply get something done. [Your convenience is driving how you communicate.]
But if you find yourself avoiding clients (plural) repeatedly (chronically), stop and reflect. Most lawyers who choose an “avoidance” means of communication are doing it because:
They anticipate the client will be unhappy about whatever information it is they have to convey – or –
The client is already unhappy [which could be reasonable or unreasonable]
Chronic avoidance can become chronic procrastination, which is a no-win for everyone. Lawyers who repeatedly procrastinate are anxious, stressed, and sometimes depressed. They find it impossible to break the self-perpetuating cycle of avoidance: as clients become more and more unhappy because the lawyer isn’t communicating, the lawyer retreats even more – not checking email, not opening postal mail, allowing voicemail to fill up, not reading texts.
Talk about communication at your initial client meeting. Let the client know what to expect and set the tone.
My goal is to keep you informed at all times during your case. I will email (upload) routine updates and documents.
If you have a question, feel free to call (text, or email) me. I set aside (mornings) (afternoons) to return calls and messages.
If the answer to your question is complicated, or if I need more information to give you an answer, I may ask to set up a telephone or video conference.
I like to meet with clients in person to (talk about settlement offers, prepare for deposition, prepare for trial, etc.) If you want to meet in person, feel free to (call my assistant or me) any time to set up an appointment.
You are welcome to drop off documents (any time, after 1:00 p.m.). If you want to talk (leave me a note or speak to my assistant so we can schedule a time to meet).
Consider the information you need to convey and remember your goal in communicating: you’re trying to build and support a better client relationship.
Convey bad news in person, by video conference, or over the phone.
Discussing something complicated? Use the same approach.
Is your client prone to anxiety? Do you anticipate the client will have a host of questions? Ditto on the approach.
Potential Legal Malpractice
If you’re an Oregon lawyer, call the Professional Liability Fund at 1-800-452-1639 and ask to speak to an on-call claims attorney in any of the following circumstances:
You believe you committed malpractice
The client is threatening to sue or is asserting you malpracticed