CHAPTER
4
CLIENT RELATIONS
AND COMMUNICATION SKILLS
KEY POINTS
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Attorneys have an ethical duty to keep clients promptly informed about their legal matters.
Fostering positive client relations and the delivery of high-quality legal services is an important
aspect of practice management.
Clients now demand enhanced communication through technology including e-mail, e-mail
attachments, and voice mail, among others.
Having excellent communication skills is an important part of being a legal assistant.
Being able to conduct an effective client interview is an important aspect of being a legal assistant.
CHAPTER OUTLINE/NOTES
I. Client Relationships
A. Attorneys have an ethical duty to communicate with clients. Model Rule 1.4 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.
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.
B.
C.
D.
E.
F.
- 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.
Fostering good relationships with clients is critical as a legal assistant (see Exhibit 4–3).
Clients like simple things, such as having access to a legal assistant or an attorney at all times.
Access means getting phone calls immediately returned and correspondence promptly
answered. Clients may not recognize the quality of the legal arguments or documents being
produced by the law firm, but they do know whether their documents have typographical errors
in them, whether deadlines are being missed, and whether they are treated with respect. All of
these things factor into the legal assistant and client relationship.
Below are some ways to foster good 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.
- 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.
Below are some strategies for resolving client dissatisfaction.
- Listen to the complaint; do not interrupt, and do not argue.
- Empathically listen.
- Do not overstep your bounds or promise something you cannot deliver.
- Take notes.
- Forward serious 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.
Clients and Technology—Clients are demanding that law offices support the latest
technologies. These include:
- E-mail
- E-mail attachments (particularly Microsoft Office products, since this is what many
corporations and individual users own)
- Extranet
- Attorneys’ and legal professionals’ mobile phone numbers
- Electronic billing
G. How to Lose Clients—Losing clients is easy. The most common reason for clients leaving is
that they believe they were treated discourteously, indifferently, or received bad service.
H. Dealing with Difficult Clients—There are all types of clients. Some are good to work with, and
some are difficult to work with. It is the job of the legal assistant to work with whatever client
the attorney selects. Hopefully, the attorney will do a good job of weeding out undesirable
clients/cases. Strategies for working with difficult clients include:
- Staying calm and maintaining professionalism
- Documenting conversations
- Being courteous but maintaining an arm’s-length relationship
- Keeping the attorney fully informed
II. Communication Skills
Having good communication skills is very important as a legal assistant, since nearly all of a legal
assistant’s time is spent either communicating orally or in writing.
A. General Communication
1. Professionals, such as legal assistants, spend a majority of their time communicating, according
to a survey (see Exhibit 4–7).
2. A communication barrier inhibits or prevents the receiver from obtaining the correct message
from the sender (see Exhibit 4–8). Barriers include:
- Different cultural backgrounds between sender and receiver
- Different perceptions
- Different understandings
- Different ages
- Noise
3. Noise refers to any situation that interferes with or distorts the message being communicated
from a sender to a receiver.
4. 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.
B. Nonverbal Communication
1. Communication is much more than just speech or writing. Nonverbal communicators include:
- Eye contact
- Facial expressions
- Posture
- Appearance
- Clothing
- Tone of voice
- Gestures
C. Improving Your Communication Skills
1. There are many ways to improve your communication skills, including:
- Listening. Listening is one of the most important aspects of communicating, but many
people do not do it well. Most people forget 50% of what was said after only a few minutes.
As a legal assistant, you do not want to be a lazy listener.
- Keeping it simple and to the point.
- Considering your nonverbal signals, such as how you are dressed, whether or not you are
fidgeting, or if you have your hands in your pockets.
- Not becoming emotional.
- Making eye contact.
- Being precise and clear, so nothing is left to the imagination.
- Tailoring the content of your communication for your audience.
- Considering the timing and context of your communication.
- Not being judgmental/avoiding negatives.
- Asking questions.
- Rephrasing things. Rephrasing is the technique of telling the sender your understanding of
the communication or conversation. It allows the sender to clarify information that might
not have been understood clearly.
- Using good telephone techniques:
- Be businesslike and use a professional tone at all times.
- Put the caller at ease.
- Refer to the caller by name.
- When taking messages, always get the telephone number of the person.
- Repeat the message back.
- Identify yourself as a legal assistant.
- Find out the subject matter of the call.
- Be careful of talking about sensitive matters on mobile phones.
- Try to answer your phone personally (when not with a client).
- Only put callers on hold for a short period.
D. Leadership and Communication
1. Leadership is the act of motivating or causing others to perform and achieve objectives. Leaders
give us direction, vision, and motivation.
2. The latest research shows that leaders are made, not born. Therefore, we can learn to be better
leaders.
3. Below are some suggestions for how to become a better leader.
- 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.
- 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.
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Set goals and visions.
Be respectful.
E. Group Communication
1. Communicating with groups involves a whole different set of variables than communicating
one on one. Legal assistants must be able to work well in groups.
2. Advantages of groups include:
- 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 there were included in the process.
3. Disadvantages of groups include:
- 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 become
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.
F. Communication in Interviewing Clients
1. Interviewing clients is yet a different communication skill.
2. Suggestions for better client interviews include (see Exhibit 4–10):
- 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.
WEB LINKS
http://www.alabar.org/lomap/articles.cfm
Alabama State Bar Association site devoted to law office management articles.
http://www.abanet.org
American Bar Association site.
http://www.abanet.org/lpm
American Bar Association site devoted to law practice management.
http://www.legalassistanttoday.com
Home page for Legal Assistant Today magazine.
http://www.msba.org/departments/loma/articles/index.htm
Maryland State Bar Association site devoted to law office management.
http://www.msbar.org/2_client_relations_handbook.php
Mississippi State Bar Association Client Relations Handbook.
http://www.nala.org
Home page for the National Association of Legal Assistants.
http://www.paralegals.org
Home page for the National Federation of Paralegal Associations.
KEY TERMS
communication
communication barrier
feedback
groupthink
noise
rephrasing