Call Me Maybe: Improving Client Communication to Reduce Malpractice Risk

Call Me Maybe: Improving Client Communication to Reduce Malpractice Risk

Effective communication with clients is essential for maintaining a strong professional relationship. It allows them to feel heard, keeps them informed, and helps ensure quality representation. Moreover, Oregon lawyers are ethically required to “keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.” ORPC 1.4(a). Poor client communication is one of the most common factors in malpractice claims and bar complaints. To avoid these issues and enhance your legal services, consider the following tips.
 

  1. Develop a communication policy.
Invest the time to develop a communication policy for your firm. A well-crafted policy can strengthen the attorney-client relationship and contribute to the overall success of your practice. A good place to start is specifying your preferred communication methods (e.g., phone, email, video calls, in-person meetings) and indicating which methods are appropriate for different types of messages. For example, the policy should clearly state whether you prefer phone calls for routine updates and in-person meetings to discuss highly confidential matters. Next, outline your general availability and response times. Determine if you want to take calls only during business hours and whether you wish to return calls at a certain time of day. You should also establish ideal response times for both you and your clients to follow. For instance, both parties will try to respond to emails within 24 hours and urgent messages on the same business day. Depending on your practice, the policy may also address topics like social media use and the role of support staff in client communications.

Once finalized, educate your clients about the firm’s communication policy at the beginning of the attorney-client relationship. It’s a good idea to include the policy in engagement letters or as a separate signed document. Be sure to clearly define an emergency and explain how clients are to reach you in those instances.
Lastly, stick to the policy you have developed. If you decide not to take calls after 6:00 p.m. but do so anyway, that can cause client confusion. Maintaining boundaries is understandably more difficult in a post-pandemic work environment where there is more pressure to be available throughout the day; however, failure to adhere to your policy will lead to frustration for you and your client, undermining the attorney-client relationship.
 
  1. Leverage existing technology.
Consider implementing a secure portal to improve client communication. Client portals offer several advantages. First, they are secure. The portals provide an encrypted, two-way platform to send messages and documents. Portals also promote accessibility and efficiency. Clients can easily access case information via their computer or mobile device anytime, improving transparency and satisfaction. The platforms also reduce email clutter and streamline document exchange. Many practice management systems contain client portals. If you don’t have practice management software with a built-in client portal, standalone options are available, such as Case Status, Pipefile, or Clio for Clients.

Technology can also assist with scheduling client meetings. Incorporating scheduling applications into your practice can significantly enhance client communication and time management. These applications offer control over your calendar and translate to fewer phone calls and emails regarding client meetings. Some standalone scheduling applications include Calendly, Setmore, Microsoft Bookings, and Acuity Scheduling.

These tools typically integrate with your existing calendar systems (e.g., Google Calendar, Outlook) and can link to your email signature, website, or automated email responses. The client simply clicks the provided link to schedule a meeting, which is then added to your calendar. If you opt to use a scheduling application, customize your availability to maintain work-life balance ?so you can be responsive (within set boundaries) while also meeting your clients’ needs. Set buffer times between appointments to prepare or catch up on your caseload and enable automatic reminders to reduce missed appointments.
 
  1. Build trust with clients.
Trust forms the foundation of a successful attorney-client relationship. It is essential for effective communication, risk mitigation, and client satisfaction. A client who trusts you is more likely to share all relevant information for the case, even details they might find embarrassing or incriminating. This comprehensive disclosure allows you to provide the best possible legal representation. When clients trust you, they are also generally more satisfied with the legal process. This is true even if the outcome isn't entirely in their favor, because they are more likely to recognize your hard work on their behalf.

Active listening is crucial in building trust. Give your clients your full attention when they speak. Maintain eye contact, avoid interruptions, and use nonverbal cues to show engagement (such as nodding or leaning in). Ask clarifying questions and paraphrase their comments to confirm understanding, which helps ensure you have all the necessary information to provide effective representation.

Also, remember to show empathy by recognizing that many clients are going through extremely difficult situations.  Acknowledge their emotions without judgment. You can do this by simply listening or using validating language. For example, you can say “your feelings are understandable given what you're facing” or “thank you for sharing that with me.” The goal is to show compassion and encourage your clients to be honest.

Finally, clear communication is key. Avoid using legal jargon when possible, and when legal terms are necessary, explain them to your clients in plain language. If you observe that they need additional support to understand you or your staff (e.g., a language translator), offer the necessary resources. In addition, provide regular updates on case progress and be transparent about potential case outcomes, both positive and negative. Your clients will appreciate your candor and be more likely to trust that you are working as their advocate.

By thoughtfully implementing the suggestions above, law firms can markedly enhance client communication, streamline operations, and maximize overall efficiency. These practice improvements not only lead to increased client satisfaction but also allow attorneys to focus more on high-value tasks and delivering the best outcomes for their clients.

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