No lawyer is immune to difficult client relationships. Some are severe and some are, well, just an annoyance.
The key, though, to dealing with difficult clients is to learn how to work with them. And, you can start by being CLEAR from the get go!
Here are five ways you can avert disastrous disagreements.
1. Establish your role.
Difficult clients are sometimes totally unwilling to make decisions about their legal issues and want the lawyer to do it for them. Do not do it! Let some other influential person in their life help them with the decision. Your job is to help the client understand the choices. It's the client’s job to decide which course of action to follow.
2. Document everything!
Document everything you possibly can, including phone calls, voice-mail messages and e-mail messages and store them in a permanent record file. Also, be sure to confirm instructions - both the client's and your own - in writing. Doing this will help keep a difficult client from turning on you and starting a disagreement.
Make it a habit to at least record the following:
- The client’s name.
- The file name.
- Who the contact was with.
- The date of the contact.
- The nature of the contact (phone call, meeting, voice mail, e-mail or the like).
- How long the contact took.
- The details of who said what, including what you said.
- Any instructions given during the contact.
3. Stay calm and be patient.
No one says that dealing with difficult clients is easy. But you will need to be calm and very clear with them about everything. The more information you give in writing—and as early in the representation as possible—the less likely there will be misunderstandings.
Also, explain what they should expect regarding their interactions with you and your staff. Be sure they understand whom to deal with on which issues—for example, whom to call to get certain types of information, and when they need to speak directly to you. Many difficult clients want to deal only with the lawyer at every turn, which is expensive and not very efficient.
4. Fill your staff in.
Usually staff can spot a difficult client a mile away. The staff, however, may not be so savvy in dealing with that client. They need to know the risks of interacting with difficult clients, so they can behave in ways that minimize those risks, especially in terms of documenting contacts, instructions or information. Make sure they deal with the client the same way you do, using an extra dose of patience.
On a side note, trust your staff and believe them when they describe the client’s behavior. Deal directly and promptly with the client concerning any inappropriate treatment, to ensure that the client understands what the staff ’s role is in the representation and, more importantly, to ensure that the behavior is not repeated. No client is more important than the people who work for you!
5. Manage expectations from the start.
Some clients’ expectations are outside the realm of the services you can provide - or achieve. Have a discussion with clients, as early as possible, to identify what their expectations are in retaining a lawyer to deal with this particular issue.
If the client has service expectations that are impossible to meet, be clear from the outset that you cannot provide that kind of service. If the client has expectations that are unrealistic or very expensive, be clear about whether you can meet that expectation, or what alternative will be provided.
Billing and payment are also important factors. Difficult clients are often unhappy about fees, so be sure to establish mutual expectations in that regard. It’s important to bill clients with high service expectations frequently and regularly, and to provide as much detail as possible, so they can understand the cost of those expectations.
The good news is that difficult attorney- client relationships can be managed well! But, they must be managed from the outset.
Stay sane by being clear and concise from the start!
Adapted from article How to Handle Difficult Clients by Justice Carole Curtis.
More resources from Top Lawyer Coach:
3 Steps to Keep Clients Coming Back for More
Get Business Insight from Your Clients
Successful Rainmakers Nurture their Clients
Your time is valuable, especially when it comes to legal marketing. Just like bad clients, focusing on low-potential business opportunities are a waste of your precious marketing time.
Make the most of that time by identifying HIGH-POTENTIAL new clients. They will be your bread-and-butter. They will help build your book of business.
So, how do you determine if someone has good business potential?
Here are five questions to think about before you begin marketing.
1. Is the person unhappy with their current representation?
It's extremely difficult to lure clients away from their current counsel, especially if they're satisfied with the relationship. However, if a potential client is unhappy with current counsel then it's time to make a move.
But, beware! Depending on the reason for the client's unhappiness with old counsel, you may find yourself defending the same criticisms down the road.
Before accepting the work, ask enough questions to uncover the reasons for their dissatisfaction with their current lawyer. You may not WANT to be their lawyer either!
2. How easy will it be to market to this prospect?
Do you have a way to reach this potential new client? Do you know him or know someone who's willing to make an introduction? If getting your foot in the door is too arduous, you may want to pick another prospect.
3. Can the prospect afford you?
This is, perhaps, the million dollar question. You don't want to land a client who can't afford your fees. Keep in mind that startups, individuals, and some small businesses fall into this category.
4. Will this person be a continuing source of business?
Make the most of your marketing time and energy by only focusing on clients who offer the possibility of repeat business or, at the very least, referrals.
5. Is the matter a strategic fit for your practice?
Not only do you want new business, you want to attract clients who match your ideal client profile. Focus on prospects who will bring matters that fit your area of expertise.
If answers to these five questions don't come easy, then do some research. Dig around the Internet or talk to colleagues. Leave no stone unturned!
Learning how to identify a high-potential opportunity will go a long way in making your marketing efforts much more effective.
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New business is always nice - but, not every new client is worth taking.
There are TROUBLESOME CLIENTS who skip out on bills and dispute every move you make. And, we can't forget LOW RETURN CLIENTS who are high-maintenance and a waste of time and energy.
This is why understanding the real value of a new client is so important. Your time and money are on the line!
Before you commit to a new matter, use the following guide to help you calculate a new client's value.
- How much revenue would you likely produce from working with this new client?
- Would this client's matter broaden your expertise in a way that you can leverage in future marketing campaigns?
- Would working with this client help boost your credibility and reputation?
- Does the new client have potential to generate repeat business? What about referrals?
The next time you are presented with a business development opportunity, sit down and calculate the dollar value of a new client.
Ask yourself if it's worth investing the time in marketing your service to that person.
Understanding a new client's worth is substantial and it could be the key to the lifelong success of your practice!
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NOW is the Time to Reach Out!
When was the last time you picked up the phone and called someone with whom you've lost touch?
Chances are it's been months, even years, since you've reconnected with a long lost client or colleague.
Making that first call after a long hiatus isn't easy. The key is to really think about how to start the conversation.
Here are five TIME-TESTED and EFFECTIVE ways to make reaching out a lot more comfortable.
1. Make the call.
Simply pick up the phone and call the client you've been thinking about.
Say, "I was thinking about you and wondered how you're doing."
It's that easy!
Then, let your client answer. Don't fill the silence!
Nearly everyone who receives this kind of call will be flattered.
Your goal should be to make three calls like this each week. Imagine the networker you'll be!
2. Pass along information.
Look for articles about the company your client works for and pass them along.
You could say, "I saw this article in the newspaper and wondered how you're doing."
You could even search the Internet for information on your client or their company, then pick up the phone after finding something interesting.
3. Make a point to add value.
Think about making an introduction or, perhaps, even a referral.
Ask yourself... "Whom can I introduce my clients to who might be able to help them?" Once you've thought of someone, pick up the phone with the purpose of gauging your client's interest in meeting the person you have in mind.
4. Call before an upcoming talk or industry event.
If you're giving an upcoming talk, make that the pretext for calling dormant clients. Not only can you invite them to your talk, but you can also ask for their ideas on what they'd most like to hear on the topic. You may also suggest to meet for breakfast or lunch on the day of the event.
Even if clients tell you they can not attend, you still have the perfect excuse to reconnect by telephone.
5. Visit clients at work.
In lieu of a phone call, pop in for a visit! Request a tour of your client's operation; really get the lay of the land.
Clients will be flattered that you have taken an interest in their work.
Some rainmakers swear that in-person visits are their best marketing tool.
Take the time to review these points the next time you're uncomfortable about reconnecting with a long lost client.
But always MAKE THE CALL!
You'll likely make their day.
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Client satisfaction is the crux of any successful law practice. But for many firms, focusing on client relations is easier said than done.
Lawyers tend to concentrate on their work, not taking the time to communicate with clients and gauge their overall satisfaction with the firm.
If you fall into this category, it's time to BREAK THE CYCLE!
Turn your attention back to your clients! Make sure they're happy, confident in your work, and that they will want to hire you again.
Here are three easy ways to enhance client satisfaction.
1. Return calls promptly.
The number one complaint of most clients is that their lawyer won't return their calls promptly. This happens when the attorney FAILS to set proper expectations.
Make a point upfront to tell clients how often they are likely to hear from you, how quickly they can expect a call back, and what your schedule is like. This will help them know what to expect.
Furthermore, when it comes time to return calls, PRIORITIZE which clients you call back first. Even if you don't have a lot of time for a lengthy conversation, take two minutes to explain your busy schedule.
Successful rainmakers make their clients feel as if they have all the time in the world for them.
2. Check on client satisfaction - often!
Consider launching a client interview program. If used regularly, these types of programs often give attorneys precious insight into the way they do business. They also create strong client loyalty.
Typical questions might include: "What do you like about the work we've done so far?" and "Is there anything you'd like us to do differently?"
3. Keep in touch.
When a case is over, many attorney-client relationships fall by the wayside.
Stay in touch by including clients in a monthly or quarterly newsletter. Or, make a point to call clients and former clients on a regular basis just to ask how they're doing.
You can also pay a visit to your client's place of business without charging. This shows that you're more than just a lawyer - you're their partner.
Nurture your clients for big business payoffs!
You'll be surprised by how impressed your clients will be when you show a little interest in what they're doing.
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5 Essential Components to a Successful Client Interview Program
Any firm that has not established its own client interview program could be putting itself in jeopardy.
Client interviewing can yield precious insight into a firm's business practices. They can also lead to new business opportunities and help firms troubleshoot problems before they lead their clients astray.
Firms that carry out these interviews often see BIG RESULTS. The problem, though, is taking that first step - actually designing and implementing a program. Some firms just don't know where to begin.
If your firm falls in that category, here are five client interview essentials to help kick start your program.
1. Roundup support.
The key to a successful client interview program is to have the support of firm management who can set the tone and model expectations.
Before conducting your first interview, consider developing a pilot program that will allow you to test the idea among partners. This will help you identify who's really on board and would support the idea.
2. Nip misconceptions in the bud.
Many people in the firm may harbor misconceptions about client interview programs. Some lawyers are overprotective of their client relationships, or they have a false sense of security concerning their clients satisfaction with the firm.
Don't let these misconceptions around the office deter you! If given enough lead time and asked properly, clients are generally willing (if not eager) to participate. They may even be flattered that the firm cared enough about the relationship to ask.
3. Ask the right questions.
An effective client interview program requires thoughtful questions and someone who is extremely good at listening and asking probing follow-up questions. Furthermore, keep these principles in mind:
- Strive for consistency in questions. This will allow you to make a comparison across clients.
- Do your homework on clients and add a few specific questions for each.
- Ask open-ended questions and wait for a response.
4. Send the right person to conduct the interview.
Choosing the right person to conduct the interviews is critical. Many clients are not comfortable giving feedback directly to the person they deal with on a regular basis. Consider calling on someone from the marketing department, or hiring an outside consultant who specializes in such interview programs.
5. Share success stories.
After you've conducted some successful interviews, share the stories within the firm. Tell people what you learned! This type of detailed information can improve the firm's service as well as lend support to the interview program as a whole.
A successful client interview program has the power to yield new business and create sustainable, healthy client relationships.
Engage your clients and learn from them... because what they tell you could prove to be invaluable to the longevity of the firm.
Adapted from article Why Client Feedback Interviews? Because You Really Do Need to Know by Martha E. Candiello
3 Reasons Why Firms Need a Client Interview Program
There's no way around it. Today, law firms need an edge to keep up with their competition.
For some, that may mean implementing an excellent marketing campaign, hiring a high-priced consultant to create a successful brand strategy, or using solid networking tactics.
But let us not forget the power of client relations.
More firms today are executing client interview programs as a way to capitalize on their client relationships and investment.
Why a client interview program?
Client interview programs are no longer a luxury. They are a necessity! If you are not talking to your clients, then assume your competition is!
Here are three reasons why firms need to start conducting an interview program.
1. Create loyalty and goodwill.
Interview programs are far more than a check on client satisfaction.
These programs will help clients feel connected to the firm, engaged in the business process, and they will appreciate the fact that their comments - positive or negative - will be heard.
2. Uncover new business opportunities.
Interview programs generally yield a lot of valuable information, including insight on the needs and expectations of the firm.
Clients often speak candidly about what they like and don't like. Take this information and learn from it! Use it to identify new business opportunities or - even better - create a tailor-made business plan just for that client.
3. Troubleshoot.
It's important to uncover problems and complaints before they fester and lead the client astray. Client interview programs can put firms in the enviable position of having the opportunity to address concerns before the client moves to another firm, a switch that happens up to 50% of the time.
Without a comprehensive client interview program, you are putting your most important client relationships at risk!
Don't let your clients get wood away!
Create SUSTAINABLE CLIENT RELATIONSHIPS and LONG-LASTING BUSINESS by implementing your own client interview program today!
Adapted from article Why Client Feedback Interviews? Because You Really Do Need to Know by Martha E. Candiello
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Ask marketing experts and they'll tell you that the key to staying ahead of the game in the legal industry is to LISTEN.
Open your ears to find out what is happening outside the firm.
Gathering good old-fashion external intelligence can help law firms grow business.
How?
By listening to trends that affect clients and prospects and the legal world in general, firms can tailor their marketing campaigns to yield big results: MORE BUSINESS!
While large firms can generally rely on their competitive intelligence staff to do this investigative work, small firms can become sleuths themselves.
Here are five steps small firms can take to LISTEN MORE and BUILD BUSINESS:
1. On-site visits.
Take the time to visit with clients in-person at their places of business. These meetings will help you better understand the issues and trends that affect them.
2. Survey clients.
Clients can be excellent sources of information on opportunities, concerns, and trends.
3. Be proactive with referrals.
Once you have identified your referral sources, set up meetings with them - often. By doing this, you will learn what issues are affecting them, their businesses, and their clientele.
4. Be social.
Get out and join trade groups and associations. Attend meetings and conventions to stay abreast of developments happening in the legal field.
5. Monitor the Web.
Don't just stick to your own blog and social networking sites, branch out! It's important to keep tabs on what your competitors are doing on the Internet. Tracking websites will also help you collect information on industry and market trends.
Don't get stuck in the dark ages!
21st-century firms need to be "in the know" about what is happening around them.
Take these steps to learn more about the world outside your firm, then use that knowledge to your advantage.
Use your ears to get in the game - and stay there.
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Talking about dropping clients may seem like a strange topic in this economic climate where ADDING CLIENTS is what all of us are focusing on.
We need to build that client base no matter what, right?
Wrong!
Tough times make SELECTIVITY crucial.
Troublesome Traits.
Troublesome clients are not only energy drains, they can literally suck the life out of your practice.
So, which clients generally fall at the bottom?
David Leffler, a New York City-based lawyer, lays out some troubling characteristics in a recent GPSolo Magazine article.
- Constant complaining about your work, your availability, your bill, etc.
- Doesn't heed your advice - ever!
- Skips out on a bill or is slow to pay.
- Is unreachable until a day before trial.
Wasted time. Wasted energy. Personal misery aside, these types of high-maintenance, low-return clients are bad for your practice...and for your HEALTH.
Think about it. All the time you spend with a huge headache of a client who drives you nuts or doesn't pay on time could be otherwise devoted to a better-quality client who follows your advice, pays your bill, and is a pleasure to work with.
In addition, Leffler writes:
"The amount of time and emotional energy taken up by this [bad] client is way out of proportion to the amount of revenue brought in. Not to mention, you're affected when you're NOT working with them. Trouble clients can challenge your self-esteem, making it harder for you to do well with other clients."
While it's hard to actually cut a client loose, it's important to understand that doing so will most likely lead to more work. Once you fire a counter-productive client, you'll have:
- More time to devote to your professional relationships with existing clients.
- More time for lawyer marketing and business development.
- More time for networking and pinging contacts and referrals.
How to Delicately Fire a Client
Once you've determined which clients are weighing you down, it's time to give them the boot!
Termination of services should always be carried out politely and in person. Never do it by e-mail!
Leffler reminds attorneys to keep malpractice in mind as well.
"You can't just leave a client high and dry in the middle of a lawsuit. Be sure to observe all local rules in this regard."
Finally, be courteous enough to make yourself available to the next lawyer. Make sure the client's file is ready and waiting for new counsel ASAP! Be proactive!
A proactive lawyer is a productive lawyer.
Don't be bogged down by unhealthy attorney-client relationships.
Cut bothersome clients loose and start reaping the rewards!
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We've all felt the sting of negative feedback.
It hurts to hear the truth sometimes - especially when it comes from a client.
But, experts say that nothing is more valuable than solid client communication - even if it's negative!
By and large, complaints and criticisms are generally a good thing. The key, though, is to know how to deal with them.
Josh Catone, an editor at Open Forum Small Business, brilliantly guides us through the process of responding to complaints in his article - How to Deal with Negative Feedback.
It's an eye-opening read, especially for anyone who is sensitive to criticism.
Catone deals with four different types of feedback - Straight Problems, Constructive Criticism, Merited Attack, Trolling/Spam - and how to respond appropriately. Believe it or not, there is a different response for each type of feedback.
The bottom line though is to STAY POSITIVE!
Never open yourself up to an argument or get beaten down by a client complaint. This will only reflect poorly on your practice.
Always let your good grace shine through.
The effort you make to stay positive will always pay off down the road. Check out Catone's article to find out more.
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