Iranian Bar Associations

PAPERS(Page 8)
Main Index
Index:

  * Advertising v not revealing names of clients
  * End of an era?
  * How to Keep the Client Informed
by Dr. Noelle Nelson
  * Networking Your Way to Success
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  * Advertising v not revealing names of clients

Constituent: -
Session title: Advertising v not revealing names of clients
Date and time of session: 19 September 2006, 14.00-17.00
Speaker: Jonathan Goldsmith

PUBLICITY
Contents list
I. Extracts from the CCBE Code of Conduct rule & Explanatory Memorandum (May 2006)
II. Extracts from the European Commission Report on Competition in Professional Services, COM(2004) 83 final, 9 February 2004
III. Extracts from the European Commission Follow-up to the Report on Competition in Professional Services of February 2004, COM(2005) 405 final, 5 September 2005
IV. Extracts from the European Commission Staff Working Document, Progress by Member States in reviewing and eliminating restrictions to Competition in the area of Professional Services, SEC(2005) 1064, 5 September 2005

V. Extract from the CCBE Economic Submission to Commission progress report on Competition in Professional Services, March 2006
VI. Extract from the Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)
VII. Extract from the Common Position adopted by the Council of the European Union with a view to the adoption of a Directive of the European Parliament and the Council on services in the internal market, CODEC 569, 17 July 2006
VIII. FBE Stage 2005 documents

I. Extracts from the CCBE Code of Conduct rule & Explanatory Memorandum (May 2006)

a. Code of Conduct
2.6. Personal Publicity
2.6.1 A lawyer is entitled to inform the public about his or her services provided that the information is accurate and not misleading, and respectful of the obligation of confidentiality and other core values of the profession.

2.6.2 Personal publicity by a lawyer in any form of media such as by press, radio, television, by electronic commercial communications or otherwise is permitted to the extent it complies with the requirements of

2.6.1.
b. Explanatory Memorandum
Commentary on article 2.6 - Personal Publicity

The term ''personal publicity'' covers publicity by firms of lawyers, as well as individual lawyers, as opposed to corporate publicity organised by bars and law societies for their members as a whole. The rules governing personal publicity by lawyers vary considerably in the member states. Art 2.6 makes it clear that there is no overriding objection to personal publicity in cross-border practice. However, lawyers are nevertheless subject to prohibitions or restrictions laid down by their home professional rules, and a lawyer will still be subject to prohibitions or restrictions laid down by host state rules when these are binding on the lawyer by virtue of the Lawyers Services Directive or the Lawyers Establishment Directive.

II. Extracts from the European Commission Report on Competition in Professional Services, COM(2004) 83 final, 9 February 2004

(...)
The five main categories of potentially restrictive regulation in the EU professions are: (i) price fixing, (ii) recommended prices, (iii) advertising regulations, (iv) entry requirements and reserved rights, and (v) regulations governing business structure and multi-disciplinary practices.

(...)
42. A large number of the EU professions are subject to sector-specific advertising regulation (Table 3). In some cases advertising as such is prohibited. In others, specific media or advertising methods such as radio advertising, television advertising or “cold calling” or specific types of advertising content are proscribed. In certain cases, there is a lack of clarity in existing advertising regulations which, in itself, may deter professionals from employing certain advertising methods.

43. According to economic theory, advertising may facilitate competition by informing consumers about different products and allowing them to make better informed purchasing decisions. Advertising restrictions may thus reduce competition by increasing the costs of gaining information about different products, making it more difficult for consumers to search for the quality and price that best meets their needs. It is also widely recognised that advertising, and in particular comparative advertising, can be a crucial competitive tool for new firms entering the market and for existing firms to launch new products.

44. The proponents of advertising restrictions emphasise the asymmetry of information between practitioners and consumers of professional services. According to this argument, consumers find it difficult to assess information about professional services and therefore need particular protection from misleading or manipulative claims.

45. There is however an increasing body of empirical evidence which highlights the potentially negative effects of some advertising restrictions. This research suggests that advertising restrictions may under certain circumstances increase the fees for professional services without having a positive effect on the quality of those services. The implication of these findings is that advertising restrictions as such do not, necessarily, provide an appropriate response to asymmetry of information in professional services. Conversely, truthful and objective advertising may actually help consumers to overcome the asymmetry and to make more informed purchasing decisions.

46. Over the last two decades, a number of Member States have relaxed advertising restrictions in the professions. In the 1970s, for example, advertising restrictions were removed for the legal and accountancy professions in the United Kingdom. In the 1990s, restrictive advertising rules were removed for the legal, accountancy and architectural professions in Denmark. In the last few years, strict advertising bans have also been relaxed for the professions in Germany.

Table 3: Overview of countries and professions with significant Advertising restrictions

Profession        Effective AdvertisingProhibition        Significant AdvertisingRestrictions
Accountancy        France        Belgium, Germany, Italy,Luxembourg, Portugal
Audit        France, Luxembourg,Portugal, Spain        Belgium, Germany, Greece, Italy
Architects        Italy, Luxembourg        Ireland, Germany, Netherlands, Austria, Greece Ireland, Germany, Netherlands,Austria, Greece
Engineers        Luxembourg        Italy, Greece, Ireland
Lawyers        Greece, Portugal,Ireland (for barristers)        Austria, Belgium, France,Ireland (for solicitors), Italy, Luxembourg,Spain
Notaries        France, Italy, Spain,Greece        Austria, Germany
Pharmacists        Ireland, Portugal, Greece        ءustria, France, Luxembourg?

Source: the Study mentioned in footnote 12 and information provided by professional bodies and/or national competition authorities.

47. The accountancy and technical professions now function effectively without the need for any significant sector-specific advertising restrictions in a large number of Member States. This suggests that sector specific advertising restrictions in these professions may not be essential for protecting consumers from misleading claims. Likewise, the legal, notary and pharmacy professions are able to conduct most forms of advertising in a number of Member States. The professions remain, of course, subject to general legislation that prevents untruthful or deceptive advertising.

(...)
III. Extracts from the European Commission Follow-up to the Report on Competition in Professional Services of February 2004, COM(2005) 405 final, 5 September 2005

(...)
Table 1: Level of Member State activity during 2004/5 to reform legislation and professional rules and regulations in the professional services sector

Level of activity         Member States
No activity        Czech Republic, Cyprus, Finland, Greece, Malta, Spain, Sweden
Minor reforms        Austria, Estonia, Hungary, Latvia, Slovenia, Portugal
Analytical work in progress        Belgium, Italy, Luxembourg, Poland
Both minor reforms and analyticalWork        France, Germany, Ireland, Lithuania, Slovakia
Substantial structural reform        Denmark, Netherlands, UK

Note: This does not take account of activity in this sector by national competition authorities

(...)
18. The table shows that most progress is being made in those countries where there is a structured programme of pro-competitive or regulatory reform in place – Denmark, Netherlands and the UK.

These countries also have some of the lowest levels of existing regulation. Furthermore, it is notable that in these countries there is a close partnership between government and national competition authorities, and that often substantive reform in a given sector is preceded by an in-depth analysis of existing restrictions by the competition authority. Experience also shows that in these countries fixed pricing and advertising restrictions have been tackled first, to be followed subsequently by more far reaching structural reforms.

(...)
29. As a start Member States should initiate – where they have not already done so - analytical work to review existing restrictions. A first stage of this could be to identify those restrictions on competition which can be removed quickly without further analysis being necessary e.g. certain fixed and recommended prices, and certain advertising restrictions. At the same time, more substantial structural analysis should begin – for example of regulatory structures - to assess the need and open the way for wider reforms. This would enable Member States to make good progress by 2010.

(...)
5
IV. Extracts from the European Commission Staff Working Document, Progress by Member States in reviewing and eliminating restrictions to Competition in the area of Professional Services, SEC(2005) 1064, 5 September 2005

(...)
Advertising restrictions
81. The level of permissible advertising continues to vary considerably across Member States and professions. Five Member States report substantive change to advertising restrictions (France, Ireland, Italy, Lithuania and Portugal) (see Annex 4). The majority of these changes
relate to provisions being relaxed in ethical codes and reflects the fact that a significant
number of advertising restrictions are contained in such codes1.

82. In the accountancy profession, France has relaxed the law to allow informative personal advertising and work has started to bring the code of professional ethics into line. Germany also reports that a review is underway of the professional body’s rules on advertising in the accountancy sector with the aim of relaxing them.

83. In Ireland advertising restrictions have been removed for architects and engineers and in Italy the architect’s ethical code was reviewed and the restrictions relaxed. There are also plans in place in Italy to review the engineer’s code.

84. Lithuania and Portugal report substantive change in the legal profession and both have freed up the effective prohibition to allow some ‘publicity’ type activities (although proactive promotional advertising is still prohibited2). Five other countries report that work has started or is planned to examine or reform advertising restrictions in the legal profession (Denmark, Estonia, France, Germany, and UK in respect of Scottish legal services). Greece also reports plans to review the legislative rules on publicity (but not advertising). Italy reports work to create new ethical rules for notaries covering the provision of information to the public.

85. In the pharmaceutical sector, two countries report having plans to review the rules on advertising (Hungary and France). Luxembourg, however, reports plans to incorporate the effective prohibition on advertising into the professional ethical code thus making it binding.

86. While these changes and plans are welcome, there are still widespread restrictions on advertising covering both manner (e.g. only printed advertising is permissible) and content (e.g. comparative advertising is prohibited). Of particular note is the effective blanket prohibition on advertising in place across the notarial profession in Europe.

87. Maintenance of such restrictions is defended on the basis of protecting consumers from misleading claims, preventing ‘unfair’ competition, and preserving professional integrity and independence.

88. Advertising can play a key role in informing and educating consumers. It provides a means by which they can compare and contrast services, and seek out services that best suit their needs and means. The existence of severe advertising restrictions in the professions can thus make it more difficult for the consumer to know where to find an expert, or determine the likely price of a given service, and hence contribute to consumer ignorance and confusion. It is especially difficult to see how advertising restrictions which cover both content and manner can be justifiable.

As to protecting consumers from misleading 1 In many countries a distinction is also made between ‘publicity’ or ‘informative advertising’, and ‘advertising’ or ‘promotional publicity’, the idea being that a wider dissemination of information on the part of professionals is accepted, or becoming accepted, while proactive promotional advertising is still prohibited. The latter may include in particular comparative advertising, cold-calling and soliciting. However, the line between what is considered ‘informative’ and what is considered ‘promotional’ varies
between countries and professions.

2 See footnote 1 above for explanation.
advertising, there is general EU-wide legislation on deceptive and misleading advertising3 that serves to protect consumers against such abuse, so it is questionable why there is a need for further sector specific restrictions.4 All advertising restrictions allegedly based on the need to protect consumers against unfair claims, other than those foreseen in the EU unfair commercial practices legislation, should be reviewed urgently. Advertising restrictions designed to protect against unfair competition, and preserve the dignity and integrity of the profession, should also be reviewed to ensure they are justified and proportionate5.

(...)
Annex 4: Overview of countries and professions with advertising restrictions and reforms made during 2004/05 or planned

Legalprofession        EstoniaGreeceHungaryIreland (for barristersonly)LithuaniaPolandPortugal        AustriaBelgiumCyprusCzech RepublicDenmarkFranceGermanyIreland (for solicitors)ItalyLuxembourgSlovakiaSloveniaSpainSwedenUK – Scotland (forsolicitors only)        Denmark: work is underway on legislation to remove the advertising restrictions.Estonia: consideration being given to amending the law to permit price lists to be published.France: project ‘décret’ underway to reform the ethical code so that lawyers will not have to getex-ante authorisation from the professional body for the way they propose to advertise. The décretwill also allow lawyers to publicise (provide information) on their services to prospectiveclients via for example a mail shot, but cold calling or canvassing will still not be allowed.Germany: internal review underway of professional ethical rules by Federal Chamber ofLawyers, including advertising.Greece: new draft Lawyers Law has been proposed and the intention is to review rules on‘publicity’ (but not advertising) contained therein.Lithuania: new Law on the Bar relaxed the effective prohibition on advertising to allow somelimited ‘publicity’ by lawyers e.g. via business cards. Promotional activities by an individuallawyer of their practice are still prohibited.Portugal: new law enacted in 2005 modifying the Statute of the Portuguese Bar relaxed theadvertising rules to allow ‘publicity’ type activities if objective and lawful.UK – Scotland: restrictions are under review by the Scottish Executive Working Group on theLegal Services Market in Scotland. The Law Society of Scotland has agreed to review the advertising restrictions identified in the review and to consult the NCA on proposed alternatives.

*************************************************
3 Directive 2005/29/EC of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market. .
4 Member States are permitted by Article 7.5 of the Directive 84/450/EEC on misleading advertising, as amended by Directive 97/55/EC, to introduce bans or limitations on comparative advertising for professional services. This is intended to safeguard the interests of professionals and competitors. Any bans or limitations introduced must however be compatible with the provisions of the European Community Treaty (see judgement of the Court of First Instance in
case T-144/99 Institute of Professional Representatives before the European Patent Office v Commission [2001] ECR II-01087 concerning comparative advertising).
5 As defined in footnote 2 above.

Annex 5: Cases opened by national competition authorities under the EC competition rules since February 2004 covering the six professions under study

Advertisingrestrictions        Hungary        Accountants(Hungarian Chamber ofAccountants)        Advertising restrictions        Open
        Hungary        Lawyers(Hungarian BarAssociation)        Advertising restrictions        Open
        Slovakia        Lawyers(Slovak Chamber ofAdvocates)        Advertising restrictions        Open
        UK        Solicitors(The Law Society ofNorthern Ireland)        Advertising restrictions        Closed due to satisfactoryvoluntary resolution of thecompetition concerns bythe Law Society.

V. Extract from the CCBE Economic Submission to Commission progress report on Competition in Professional Services, March 2006
(http://www.ccbe.org/doc/En/ccbe_economic_submission_310306_en.pdf)

(vi.) Advertising
The provision of information by lawyers is generally not prohibited in the Member States36. As with other professional rules regulating the legal profession, the goal of the rules regulating forms and content of advertising is to protect the consumers from misleading claims, prevent unfair competition between practitioners and preserve professional integrity and independence. This is particularly true for the so-called proactive mass promotional activity addressed to those user groups which, according to the Commission’s progress report, are most in need of protection.

A careful analysis of advertising regulations (where they exist) will show that those restrictions that exist are targeted at protecting potential users who may be deceived because of information asymmetries.

Further, even assuming that advertising would have the effect of lowering fees, evidence suggests that the incidence of price advertising would be low. Indeed “it is reasoned that consumers who are unable to assess quality ex ante (and possibly even ex post) and who observe a low price for a nonstandardised service may assume that more knowledgeable purchasers have assessed the service as being of low quality. Professionals are keen to avoid such adverse signals on quality, and so it is concluded that price advertising will be uncommon in most professions”.37

Therefore, the possible positive effects of liberalizing advertising entirely would not be significant enough to justify the risk of endangering the consumers of the professional services and the integrity of the profession.

Finally, it may be observed that transparency and price publicity are ensured in those countries where fee scale systems are in place, since fee scales are public by definition. It would be necessary to verify on a case by case basis whether in legal systems with a fairly low regulation index regarding professional rules on advertising, lawyers really have largely unrestricted advertising possibilities, or, whether regulation is effected through unfair competition law or case law, which is indeed quite likely in view of what has been noted above.

VI. Extract from the Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)

Article 8
Regulated professions
1. Member States shall ensure that the use of commercial communications which are part of, or constitute, an information society service provided by a member of a regulated profession is permitted subject to compliance with the professional rules regarding, in particular, the independence, dignity and honour of the profession, professional secrecy and fairness towards clients and other members of the profession.

2. Without prejudice to the autonomy of professional bodies and associations, Member States and the Commission shall encourage professional associations and bodies to establish codes of conduct at Community level in order to determine the types of information that can be given for the purposes of commercial communication in conformity with the rules referred to in paragraph 1
3. When drawing up proposals for Community initiatives which may become necessary to ensure the proper functioning of the Internal Market with regard to the information referred to in paragraph 2, the Commission shall take due account of codes of conduct applicable at Community level and shall act in close cooperation with the relevant professional associations and bodies.

4. This Directive shall apply in addition to Community Directives concerning access to, and the exercise of, activities of the regulated professions.

VII. Extract from the Common Position adopted by the Council of the European Union with a view to the adoption of a Directive of the European Parliament and the Council on services in the internal market, CODEC 569, 17 July 2006 Article 24

Commercial communications by the regulated professions
1. Member States shall remove all total prohibitions on commercial communications by the regulated professions.

2. Member States shall ensure that commercial communications by the regulated professions comply with professional rules, in conformity with Community law, which relate, in particular, to the independence, dignity and integrity of the profession, as well as to professional secrecy, in a manner consistent with the specific nature of each profession. Professional rules on commercial communications shall be non-discriminatory, justified by an overriding reason relating to the public interest and proportionate.

VIII. FBE Stage 2005 documents
A list of interventions on publicity is available at http://www.fbe.org/ (the ones with a bullet point in green are available from the web – two are in English/French - Mirko Ros’ intervention cannot be opened on the web).

INTERMEDIARY MEETING
Marseilles, 21 October 2005
Working session: ''Attorneys and publicity''

Mirko ROS
Javier DIAGO
Jonathan GOLDSMITH
Jean-Marie BURGUBURU
Fabio FLORIO
Natalia PERVERSEVA
Colette GRYSON L’avocat et la publicité en Belgique
Michael COSGRAVE Advertising by lawyers: the situation in England and Wales
Jaume ALONSO-CUEVILLAS
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  * End of an era?

Is casual dress the latest victim of the dot-com bust?

You've all seen the trend. It started with techies from software and development and dot-com companies. Not only did they dress down for the office but they showed up for business meetings as if they'd stepped right out of a Gap commercial. The message was clear. Casual was hip ... the dress for the new economy.

The business suit, one of the true symbols of power, indicated old thinking, old economy.
Law firms and investment banks, particularly on the east coast were slow to give in to the new style, but they slowly changed their policies. Many firms adopted a casual Friday policy and soon found it spread to the rest of the week. Granted, if you're to appear in court or you're entertaining a client, you'll still be expected to wear appropriate attire, so many young associates keep a suit tucked away in the closet for emergencies. Otherwise, khakis and open-necked shirts are the rule five days a week, not just on Fridays. For many young associates casual dress is the norm.

Many older partners viewed the move to casual dress with considerable suspicion. They questioned its affect on productivity and they were concerned about portraying the wrong image to conservative clients. With the end of the dot-com boom and the tightening of the economy, the traditionalists found an opening.
In a recent e-mail to all the lawyers in its New York office, Richard Rosenbaum, the managing shareholder of Greenberg Traurig's New York office, was returning to a formal dress code on April 1.
(See http://www.law.com/jsp/article.jsp?id=1044059452986 for the full article.)

In his note, Rosenbaum made the following statement: ''As a serious firm that focuses on serving high-level clients on their most important matters, we need to present an appearance that we are here to make them feel comfortable, in good, serious hands.'' In follow-up interviews, Rosenbaum explained that clients won't be offended by a lawyer in a suit, whereas some might not be as comfortable with a lawyer dressed in jeans.

Does Greenberg Traurig's policy signal a swing back to traditional dress? Should you go out and spend several thousand dollars on updating your wardrobe? This is not an easy question to answer and one that will have to be approached on a firm-by-firm basis requiring some sensitivity on your part as to your particular situation.

While few firms have followed the example of Greenberg Traurig in making a policy change, many are returning to the old economy styles in everyday practice. The arguments in favor of a stricter dress code focus on productivity and professionalism. Advocates of suits and ties claim that they reduce absenteeism and tardiness while increasing overall productivity. They also assert that formal attire increases the level of professionalism for both the individual and the firm. For example, Shearman and Sterling, a large New York firm, still has a casual dress policy, but they've found that many of their attorneys are now wearing suits regularly. It could also be that the switch to stricter dress codes is more pronounced in New York. The Dallas office of Greenberg Traurig, for example, has no plans to drop its casual dress policy. Chicago firms have also maintained a less formal dress policy than New York firms.

So what's the bottom line? Use some common sense and your best judgment. The experts advise that you buy at least one good suit, preferably, black, blue or grey. Buy several white shirts, some muted ties, a black belt and black lace-up shoes. Wear this ensemble to your interview! Your first impression is important and it will give you time to become familiar with the norms of the firm. Observe the senior associates and see how they dress, especially when they are working with partners and clients.

Remember, fashions change quickly and constantly. But, before you spend your first month's salary on a new wardrobe, take some time ... the dot-com era may be over casual dress may be with us a while longer.
“How Am I Doing?” Asking For and Getting the Feedback You Need
By Paula A. Patton, CEO/President, The NALP Foundation

If you are like most mid-level associates, your workload is just as daunting as ever, and the pressure to perform is on. Not surprisingly, your last formal appraisal is little more than a distant memory and your next months away. Lately, you've been wondering, “How am I doing? How am I doing – this year, on this case, for this partner?”

Associates need and deserve feedback on their performance. Cryptic writing from a partner on the margins of a memo doesn't generally suffice. Even less fulfilling are red-lined documents and brusque admonitions to “do it over” that leave you in a lurch. Recent studies of associate expectations suggest that the feedback they are receiving, including the traditional annual performance evaluation, which is too often little more than a perfunctory checklist of skills and a pass/fail assessment, falls far short of providing the information, direction and assessment associates crave. This becomes paradoxical within the culture of law firms where exemplary performance and rapid acquisition of skills is required, yet frequent bench marking of associate performance is rarely forthcoming.

At the behest of a new generation of associates, change is underway, but it is still generally true that most firms, while working to respond to associate expectations for more frequent evaluations, have not yet implemented a comprehensive performance assessment plan that offers periodic informal or formal feedback. Thus, the burden for finding out “how I'm doing,” if desired more frequently than annually, falls on the associate.

The good news is that there are some simple strategies that can be employed by associates to get the information they want and need.

1. Begin with Self Assessment and Preparation
It seems obvious, but it bears noting that if you're not prepared to accept constructive criticism, then it is probably best not to ask for an interim performance assessment. If you truly want the feedback and if you're willing to do a little homework, you are ready for the informal, honest responses those with whom you work may offer.

But first, undertake a personal introspection. When you consider your current and most recent work products, are you fully satisfied with your performance? What were the strengths of your work? What were the more fallible aspects of your work? What factors supported your production of good work? What predicated lesser products? Answering those questions honestly is the basis for developing candid two-way feedback that can offer specific support for associates. Moreover, if goals have been set for this year, and you are working toward realizing them, consider where you are in the process and note your efforts to that end. Be prepared to discuss your work, contributions to the organization, pro bono activities and more as the conversation turns to those topics.

As a final element of preparation, construct a short list of questions of importance to you. What is it you really want to know about your performance? On what should you focus your training time? Are you concerned that your supervisor is unhappy with some specific skill, product or work style? The best way to dispel your uncertainty about your supervisor's concerns or get validation that they are concerns is to ask about them as directly and openly as possible.

2. Ask and You Shall Receive
When you feel the need for feedback, professional courtesy demands that you give your supervisor some notification that you want to talk about your current performance. After all, you've had time to think about what you want to know, so giving him or her a little lead time to ponder the questions you have is only fair. In fact, it would be a good idea to help your supervisor focus the feedback you're wanting by indicating that you want to talk about “my last deposition” or “suggestions you may have for improving my work on client memos,” or other specifics. Supervisors will not only be glad to know the parameters of the feedback you are seeking, but will probably prepare more effectively for the conversation. (This protocol is not necessarily a two-way street. Supervisors can and do discuss your performance with you without advance notification.)

The “ask” is simple: approach your supervisor in person to indicate your desire to talk about your performance (don't use email to schedule such an intimate encounter), take a minute to share the specifics on which you hope to get feedback, and mutually set a time in the near future for the discussion.
3. Listen with an Open Mind

When the opportunity to talk with your supervisor arrives, restate your questions and perhaps explain their genesis, then listen carefully and actively in an effort to understand the feedback messages. This is the hardest part, of course. Human beings have a tendency to focus on the things they hear that suggest “what is wrong” rather than “what is right.” But just keep in mind that like you, your supervisor would like nothing better than to have your performance assessment – whether formal or informal, annual or interim – serve as a means of professional development for you. Some messages are harder to deliver than others, and you can help get the information you need by opening the discussion of specific items of concern to you. Doing so will offer the same opportunity for your supervisor.

Assuming that he or she had time to prepare, a supervisor should be willing and able to talk with you on issues of importance to you and to do so in a factual manner that offers substantive guidance. That's his or her responsibility. Yours includes having an open mind, responding without being defensive and asking clarifying questions to ease any tension that may naturally occur.

4. Now You Know and Can Act Accordingly
Whether the feedback on your performance is glowing, galling or somewhere in between, once the discussion with your supervisor has transpired, the expectation is that “now you know.” At the least, as an interim measure, if you ask the right questions and your supervisor responds candidly, you will know a little more about how your current work is being judged, where your supervisor believes your training time should be spent, where he or she believes your strengths lie and areas where there is room for improvement or attention. This information -- whether it validates how good you are or refutes the same -- if used effectively, can be of substantial help to you as you adapt, refine and improve your work efforts and products. Doing so may require additional training, adaptation of style, or a commitment to change or improve any number of other work nuances.

Asking for informal feedback is a“high-risk, high-reward” proposition. If you ask for it, you might just get it. But not asking means that you may be wondering and waiting for another 365 days. How are you doing? There's no time like the present to find out!
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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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  * Networking Your Way to Success

Plug into the Rewards

So you want to follow the partnership track, do a little rainmaking for your firm, or stay tuned to professional opportunities. Borrow a page from the rich and successful. Whatever their fields of endeavor, they have one thing in common -- connections. Granted, some may have ''inherited'' those connections.

However, the truly successful have invested a lot of face time nurturing those relationships and expanding their contacts further.

Today, we call it, ''networking,'' and as any colleague will tell you, it is a key factor in professional success. It will enable you to widen your circle of influence and multiply the possibilities for accomplishing whatever you want to achieve.

How do you start? It's simple if you follow a few basics of networking...

1. LOOK FOR CONNECTIONS
The master networkers make connections wherever people get together -- work, play, even family get-togethers.

American Bar Association As a young attorney, you have many potential venues, starting with your local bar association. Get involved with the ABA's Young Lawyers Division, an ABA section related to your practice area or a committee focused on a topic of special interest to you. These are great ways to meet lawyers inside and outside your practice area. What's more, your involvement in writing an article, drafting a proposed statute or speaking at a seminar will establish you as a knowledgeable lawyer.

As Nevada attorney Rew Goodenow noted in a recent article in the ABA's Young Lawyer newsletter,
''Our best source of business is other lawyers, and a bar association is one of the best places to plug into the professional network.'' We all refer cases to other lawyers: sometimes because of a conflict or because the services needed are in an unfamiliar practice area. Occasionally we need help in another state.''

Business & Professional Groups Don't overlook local business associations and professional groups that might use your services or be sources of referrals. There are dozens of groups from all walks -- engineering, banking, health care, manufacturing, human resources, marketing, accounting, education -- that meet regularly. Identify the ones you feel would be most interesting and beneficial to you, then attend their meetings.

Personal Contacts Also, consider your personal involvement with those individuals from law school, a local political party, the school board, church or a community group. Each group affords you the opportunity to extend your network and advance you toward the goals you've set for your career and your personal life.

2. BUILD RELATIONSHIPS
Successful networking relies on building relationships. It's not just schmoozing, it's not merely an exercise of simply passing out cards and it's certainly not a one-sided exchange where one person reaps all the benefits.

Start with the premise that networking should be mutually beneficial, affirming and purposeful for all involved. Then be prepared to invest some time. Networking requires listening and learning to people about their interests, needs and goals, their strengths and weaknesses, plus a willingness to share your knowledge and experiences. There are no short cuts here. Good networkers are continually offering their
ideas, information and support, not just taking what they can get.

3. COLLABORATE
What better way to establish relationships than to get involved! Look for opportunities to collaborate on an initiative or a project. It's a great way to establish new contacts with people who share your values and goals. What's more, in working with others, they will learn a lot about you, gaining a greater appreciation for your strengths and capabilities.

4. MAINTAIN REGULAR CONTACT
Take time to nurture your relationships. Meet for lunch or coffee on a regular basis. Attend events with the people who are truly important in your network. Forward information of interest to them. Send them birthday, anniversary and holiday cards when appropriate. Send notes now and then just to keep in touch. With computers and cellular phones so much apart of our lives, there is little excuse for not staying in touch.

5. BE COOL, STAY FOCUSED
Keep things in balance. If you feel you are operating on overload, step back. Review your networking options and identify the ones that give you the most return in business, contacts, professional development, support and friendships. Develop a networking plan, if needed, to ensure you have time for the people and things important to you.

Remember, networking is a continuous process of establishing and nurturing relationships. You're not always going to have huge blocks of time to share and when that's the case, an e-mail or a phone call may be all that's needed. The amount of time you invest is less important than your consistency and commitment to keeping your relationships fresh and alive.
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