Iranian Bar Associations

PAPERS(Page 7)
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Index:

  * Dealing With Dishonest Clients
  * Develop your career through networking
  * Up, Up and Away
  * How to Keep the Client Informed
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  * Dealing With Dishonest Clients

by Victoria Rivkin

A client that lies to his lawyer not only makes the lawyer's job more difficult but can also lead to an ethics violation.

Since most clients will not come out and tell their lawyers that they are lying, how does a lawyer know when a client is not telling the whole truth?

The best way to tell up front is to extract subtle clues from the initial interview, say lawyers.
For instance, instead of just having a client fill out a standard questionnaire asking very basic questions, meet face to face with the client and let the client tell his or her story, recommended Gisela B. Bradley, director of Law Office Management Program of the State Bar of Texas. ''There needs to be more emphasis on getting to know a client,'' Bradley pointed out.

She suggested that a lawyer first allow the client to tell his or her story. After the client is done, the lawyer should then question the client about the facts. Getting a lot of information in the beginning can help the lawyer sense whether the client's story stacks up. ''There are often signals in the initial interview that can prevent problems later on,'' she said.

Another effective way to get facts is to use an investigator, according to Henry Diaz, a solo practitioner in Manhattan who specializes in personal injury and civil rights cases. ''It is a very good practice, part of a lawyer's independent investigation,'' he said.

''Lawyers have to be very careful when a prospective plaintiff comes to them and wants them to take a case on, especially on contingency. The incentives to lie are great,'' said Diaz.

Also, ask a client at the initial interview what it is he or she expects to get out of the case, say lawyers. This often keeps clients honest. ''If a person can't articulate in complete sentences what they are looking for, to me that is a red flag,'' said Diaz. ''It's much easier to tell stories than to articulate what you want to achieve by suing,'' he explained.

Over the years, Diaz has found that money is the best way to keep a client honest. He recommended that lawyers ask their clients for a retainer for costs in contingency cases, a consultation fee or a fee for the investigator. If the client refuses to pay even a small amount, that is a red flag that they are not completely honest, claims Diaz. ''Without money, especially in contingency cases, clients will tell you anything they think you want to hear,'' he said.

Victoria Rivkin is a law school graduate and a freelance writer in New York City. Her work has appeared in the New York Law Journal, the ABA Journal, Crain's New York Business, PC Magazine and Working Woman.
Ways your LexisNexis Rep Can Help You

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16 - Provide practical advice for handling virtually any research assignment
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  * Develop your career through networking

Networking skills are key to building and maintaining a successful career as a lawyer. Tapping into a strong network can benefit you in two ways. First you can work more efficiently by drawing on existing expertise, both within your firm and outside of it. No one person knows everything, and a good network can give you access to literally thousands of experts on a wide variety of topics. Second, networking is vital to client development, both in attracting new clients and expanding business with existing clients. You can't wait for clients to come to you. A network lets you seek out and identify potential clients and establish a relationship with them that can lead to both immediate business as well as future referrals.

You have to network to build a network
This statement may seem obvious, but it can't be emphasized strongly enough. Networks don't create themselves. They are the result of conscious planning and hard work.

Create a list
Begin by making a list of all the people you know. This may seem like a waste of time. After all, there's no way the person who owns the dry cleaner on the corner, or your uncle George in another state can really help you with anything significant. You'd be surprised! The key to networks, what makes them so valuable, is they grow exponentially. The dry cleaner has his/her own network, each member of which has his/her network, and so on. It's the old six degrees of separation concept, which holds that all people in the world are separated by no more than six levels of association from anyone else in the world. Each person you meet has the potential of expanding your network exponentially. So, start creating your list.

Next, categorize people on your list by the skills they have or the ways in which they might be able to help you. There are some obvious types of skills you should be seeking. For example, who are the experts in the firm who can help you with a particular issue? Who are the people at the courthouse who process documents or manage the docket? Who controls the tickets for the box seats at the football stadium or the symphony? In many cases, you won't be able to associate any particular skill with a particular person, but include them anyway ... you never know.

Finally, keep the list up-to-date and annotate it regularly with information like birthdays, anniversaries and personal facts so you can send a card or call when appropriate. Include things you want to remember about that person. For example, in a casual conversation, you may find out that a person belongs to a particular club, or graduated from the same law school as you or that you have a mutual friend. Make a note of the conversation, so you can reference it later.

Seek out opportunities
The more contacts you make, the more opportunities you will have to expand your network. Remember that exponential growth factor. Join as many organizations as you can realistically handle, given the demands of your work schedule. Don't limit yourself to the obvious, like the local and state bar associations. Be sure to join you alumni associations, both undergraduate and law school. Take up a sport like golf, tennis or racquetball or join organizations that revolve around personal interests.

Volunteer your time. There are always openings on various boards ranging from the library to charitable organizations. Not only does volunteering allow you to give back to the community, it often gives you access to community leaders.

Remember ... Networks are reciprocal
Each time you expand your own network, you make yourself a part of someone else's network. You can't expect someone to assist you unless you are equally willing to assist them or, possibly, others in their network.. It is this dynamic, reciprocal quality that makes networks such a powerful and useful tool. An ideal network is mutually advantageous for all its members.

Get busy! Create u list and begin looking for organizations you can join, either professional, personal interest, or volunteer. Not only will you improve your career prospects, you may form relationships that last a lifetime. You may also find yourself giving as much as you receive, and that's the true benefit of networking.
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* Up, Up and Away

Driving your Practice to the Top (while meeting your CLE requirements)

So, you're feeling at ease with the firm and its culture, but you're eager to be your professional best and establish yourself as a vital contributor to your law firm. So what does it take to drive your practice to the next level?

Hone Your Craft
If you've been watching your senior associates, you may have noticed that the most successful ones are those who have finely-honed skills. Those skills didn't come naturally. They developed out of a deep commitment to their profession and continued education. These associates have participated in workshops to sharpen their research, writing and negotiating skills. They have attended seminars to deepen their knowledge and keep pace with their practice.

Likewise, if you want to function more fully and independently, and advance to higher level work, you need to expand your knowledge and sharpen your expertise. The good news is the are a lot of opportunities for professional development. Many are low cost (sometimes free), easily accessible and satisfy the mandatory continuing legal education(CLE), required by your state.

Tap into LexisNexis Resources
LexisNexis offers a wide range of CLE opportunities in formats tailored to your needs:

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·        Our Telephonic Training Consultants will train you in the comfort of your own office or home, tailoring the telephonic sessions to your practice area and level of expertise. Several states approve telephonic sessions for CLE credit.

·        For those who prefer a classroom setting, LexisNexis maintains Learning Centers across the country which offer a wide selection of courses. Most states approve classroom sessions for CLE credit.

·        We also offer a comprehensive selection of e-seminars on the Internet, enabling you to learn from well-known lawyers in their field for CLE credit. They're very convenient. Most online CLE courses are designed to allow you to complete the courses in segments. So if you only have15-30 minutes to study, you can begin the course and then go back to finish it as it fits with your schedule.

·        Our CLE programming also includes books, audiotapes and videos for those who prefer independent study. You select the medium and the course of study, best suited to you.

Elevate Your Game
If you're truly interested in elevating your game and career prospects, make CLE a part of your professional life.

Begin by visiting the LexisNexis CLE Center before you leave the Law Firm Associate Community (www.lexisnexis.com/associates/) to view your state's requirements and our CLE-approved programs. While you are there, check the schedule of Mealey's Conferences which offer further opportunities for growth and development. Then, be sure talk to your local LexisNexis rep about how he or she can assist you day-to-day in driving your practice to the top while meeting CLE requirements.
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  * How to Keep the Client Informed

by Dr. Noelle Nelson

Studies by the American Bar Association and numerous state bars have consistently shown that most disgruntled clients are not upset over the legal services rendered by their attorneys. Rather, clients are angered by the attorneys' lack of simple communication etiquette.

Ask an unhappy law firm client about what is wrong with the attorney-client relationship, and you will likely open a Pandora's Box. A common complaint about law firms is that communication between law firm and client is mostly one way. Clients complain about unreturned telephone calls and, if calls are returned, they are days or even weeks in coming.

Worse, attorneys ignore written correspondence, often failing to acknowledge receipt, or rarely responding in a meaningful way within a reasonable amount of time. Clients criticize that once they have hired an attorney, they become a non-entity, with the attorney appearing neither to care about, nor incorporate, client opinions.

There is another side. Attorneys claim clients ''bother'' them for the least little thing. They feel their work would be impossible to complete if they actually paid attention to every client communication. Finding a way to satisfy the client's need for communication in an efficient manner is fundamental to good client relations.

Here is a basic attorney-client communication guide. Begin with the premise that each client is different. As such, attorneys must create the communication flow that best suits each client. Some clients become agitated if provided with too much paperwork or are deluged by telephone calls; others want to be informed of the lawyer's every move. During the initial client meeting, the attorney should ask how the client wants to be kept up to speed and what kind of information they expect to receive. Don't leave the matter of communication to chance.

Once it is established how the client wants to be informed, communication guidelines and instructions for staff should be created and placed in the client file. Be sure that all involved parties are aware of these guidelines. For example, the file notation may say ''This client requires weekly updates, immediate telephone notification of all changes and written confirmation of appointments.'' If a new attorney or staff person comes on the case, they can readily review the guidelines and respond accordingly. This way the communication procedures will not fall through the cracks.

Return Telephone Calls Promptly
An attorney's failure to return telephone calls is one of the complaints most often mentioned by clients. By returning telephone calls in a timely manner, the attorney will go a long way in creating client satisfaction. A good rule of thumb is to return all calls within 24 hours. Although this may seem like an impossible task, it can be done.

First, the attorney must decide what works best: handling calls from clients directly, or having an assistant respond to them. If the attorney chooses to respond to calls personally, a time of day must be set aside to return these calls. The time to return calls can vary from day to day, depending on the schedule of the attorney. The attorney's secretary can tell clients that calls will be returned within that time frame. Creating a scheduled time for returning telephone calls is no different from setting up client appointments, and it is equally important that these telephone appointments are kept.

Delegate Some Client Communications
Rather than having the attorney handle all calls, it is generally easier to have an assistant or secretary respond to most calls while reserving only the difficult or delicate matters for the attorney's personal attention. The advantage to this system is that the assistant is more likely to be at the office, able to place calls to clients at various times of the day, whereas the attorney's availability to do so may be limited. Letting an assistant do the actual calling frees up the attorney's time, yet the client's question is still answered.

If an assistant is given the task of responding to most client calls, the attorney must tell clients during the initial interview. Attorneys need to reassure their clients that the content of the calls comes directly from them, and that using an assistant as an intermediary is what allows the attorneys to get that information to the client as quickly as possible.

Attorneys should introduce clients to the person who will be the primary telephone contact so clients do not feel they are simple being ''passed off'' to a subordinate. Clients need to be told to ask directly for that person whenever they need a question answered.

The above system will only work if the assistant is polite, efficient, can take accurate notes of client requests, and always call clients back within a day or two at the most. If the answer will take more time, the assistant should call back anyway within 48 hours, if only to reassure the client that the request is being taken care of. Few acts on the part of a law firm will earn a client's satisfaction and respect as much as this simple task.

Put It in Writing
Misunderstandings tend to come from two main sources: poor communication of information, and miscommunication of agreements.

1. Poor communication of information.
The memo system is a very simple, yet effective, means of avoiding misunderstandings and can be used in place of or as an adjunct to telephone calling. It is especially useful for those instances when the client wants to give the attorney information (instead of asking a question), or the attorney needs to give the client information that may be forgotten or misunderstood.

If your clients want to provide information, such as a passing on a fact they have forgotten or want to elaborate on, encourage them to write up a memo and fax, mail or sent it via electronic link-up. This insures that the attorney will receive the information as stated. It also avoids the possibility of erroneously copying the information as a telephone message. Received client information in a written form has the added advantage in that it can be perused at a time convenient for the attorney, whereas a telephone call (even taken by an assistant) usually must be dealt with during active business hours. Once the memo is received, the attorney dictates the appropriate response to the assistant, again at a time that is convenient, to be faxed or sent later.

Similarly, sending memos to clients insures that they get the information as sent, eliminating the worry that a client misunderstood a telephone message. Plus, it provides documentation that the information was relayed. Clients have the opportunity to view and review the information at their leisure, and have the information readily available should the attorney want to go over it in the future.

The great advantage to using memos is the attorney can dictate them and respond to them outside of regular business hours. However, the caveat is the same as with telephone messages: memos must be responded to within a day or two of their reception, otherwise clients will quickly become disgruntled.

2. Miscommunication of agreements
Three problems involving client communication often develop from relying on the spoken word. Clients say attorneys: 1) do not do work the say they will do, 2) do not do work in a timely fashion, and 3) make mistakes on details of substance.

Studies show that attorneys often agree to do work they haven't really thought out; that attorneys believe they are simply expressing interest, whereas the client believes that interest is confirmation of work to be done. Clients also complain that attorneys forget the work they have agreed to do. (Clients sometime interpret ''that would be a good idea'' to mean ''I'll do it.'') Attorneys have been known to think they will remember information and neglect to write it down, only to forget what had been promised by the following day.

All of the above problems can be solved, to a large degree, by being aware of the problems and by using the follow-up letter.

Before agreeing to begin a task, attorneys must establish with the client a time frame for work completion so both parties have the same expectations for when the work will be finished. The work should be scheduled so the attorney can actually have enough time to get it done. Setting unrealistic work deadlines will only hurt the attorney-client relationship.

It is very possible to make errors of substance, but if a telephone and memo communication system is up a running, attorneys can reduce the number of these errors.

Make Sure to Send a Follow-Up Letter
Attorneys should automatically send a follow-up letter after every client meeting and telephone conversation in which they agree to complete work. The follow-up letter summarizes what happened in the meeting or telephone conversation, and sets forth whatever agreements were made for work, along with the time frame agreed upon. This is similar to taking minutes at a meeting: it guarantees that everybody heard the same thing.

If clients contest points made in the letter, changes can always be made. The letter allows both the attorney and client to have the same understanding of what transpired, and the same expectations of what lies ahead--all of which greatly reduce the chances of client disappointment and consequent dissatisfaction.

The cornerstone of good client relations is prompt and reliable attorney-client communication. Developing a workable communication system may take some effort, but the payoff will be well-informed and satisfied clients.

Dr. Noelle Nelson, Ph.D. is a Los Angeles-based clinical psychologist and consultant to lawyers and law firms. She is the author of A Winning Case (Prentice Hall, 1991).

Reprinted with permission from Legal Mangement, March/Apri,l 1995, published by the Association of Legal Administrators, Vernon Hills, Illinois; Web: http://www.alanet.org/. All rights reserved.
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