Practice Tips for a Small Firm

The ABA published a great article with 6 essential tips to avoid legal malpractice claims and ensure client satisfaction. A link is below to the original article. I recommend reading the original article and subscribing to future ABA publications for more great advice!

As legal professionals, lawyers have to navigate a complex landscape balancing client needs, caseload management, and professional efficacy. . Malpractice claims, ethical violations, and disciplinary actions are serious concerns that can put your legal practice at risk. However, there are proactive measures you can take to minimize these risks and foster better client relationships. In a recent webinar titled "Knowledge, Survival, Response: Your Legal Malpractice Survival Kit," JoAnn Hathaway, a practice management adviser at the State Bar of Michigan, shared invaluable advice on reducing malpractice risks, particularly focusing on client relations. Here, we explore the six crucial tips discussed in this article to help lawyers stay out of hot water with clients and maintain a successful practice.

1. Customize Retainer Agreements:

Tailoring retainer agreements for each client is paramount. A one-size-fits-all approach doesn't work in the legal profession. Make sure the agreement clearly outlines what you will do for your client and what you expect from them. The goal is to ensure that the agreement is not intimidating or threatening, allowing your clients the time to read it thoroughly and ask questions if needed. Triple review the agreement with the client and respectfully adhere to the scope of this agreement.

2. Be Transparent About Billing:

Clear and transparent billing practices are essential to maintain trust and avoid disputes. Hathaway emphasizes the importance of good billing descriptions. Clients should not have to guess what they are being billed for. Consider adding a "no charge" billing line item to let clients know that you won't charge them for every small action. To prevent surprises, show sample bills and let new clients know if you bill in increments (e.g., 6-minute increments or 15 minutes, etc.) or charge for specific tasks such as opening an email from them. Whatever the details are, you really need to spell this out in abundance for client understanding and for new firms, have these details thought out beforehand. Also consider sending the client a weekly statement for even more thorough understanding of how their money is being spent.

3. Monitor Inactivity:

To maintain a strong client relationship, it's essential to keep the lines of communication open, even during periods of inactivity in a case. Reach out to your clients to acknowledge that nothing is happening in their case and inquire if they have any questions or concerns. This practice ensures clients feel engaged and informed throughout the legal process. Most client conflicts can be diffused with persistent and consistent communication. This single process alone could completely transform your practice and your client satisfaction.

4. Utilize Disengagement Letters:

At the conclusion of your representation, sending a disengagement letter is a best practice. Express your gratitude for your client using your services and clearly state that you are no longer representing them now that the matter has concluded. This step can help prevent statute-of-limitations issues from arising and ensures a clean break between attorney and client. An added bonus, using language of gratitude ensures the client feels valued and respected. This makes your firm more likely to get those sought-after word-of-mouth recommendations!

5. Communicate with Support Staff:

The article highlights the crucial role of support staff in client relations. Some clients may find lawyers intimidating and are more comfortable discussing their concerns with support staff. Think about who you are more comfortable chit-chatting with, your physician or the clerk at your grocery store. Encourage your team to provide you with honest feedback from clients, whether it's positive or negative. This open communication can help you address any issues promptly and enhance the client's experience. It also might be a good idea to advise support staff to ask permission from the client to share their feedback with the firm or specific attorneys. Asking permission from the client to share their feelings increases their sense of agency and self-control. If the client is not comfortable, perhaps the comment can be shared anonymously. It takes a village to run a successful law firm, and everyone can contribute to improving operations.

6. Use Client Surveys:

Feedback is invaluable in improving your practice and client relations. Moreover, being open to feedback is 98% of the improvement process. Consider using surveys to solicit constructive criticism and feedback from clients. This information can help you identify areas for improvement and demonstrate your commitment to providing the best possible service. And hey, the survey could also be prompted in that disengagement letter you sent! (See #4 above).

Incorporating these six tips into your legal practice can help you avoid malpractice claims, ethical violations, and disciplinary actions, while also enhancing client satisfaction. By customizing retainer agreements, maintaining transparent billing practices, monitoring inactivity, sending disengagement letters, communicating effectively with support staff, and using client surveys, you can foster strong client relations and safeguard your legal practice. Remember, a satisfied client is not only a valuable asset but also your best defense against malpractice claims.

Check out the original article at the link below!

https://www.americanbar.org/news/abanews/publications/youraba/2022/1219/malpractice-tips-to-avoid/?utm_medium=email&utm_campaign=YOURABA&promo=YOURABA&utm_medium=email&utm_source=salesforce_613740&sc_sid=05828198&utm_campaign=&promo=&utm_content=&additional4=&additional5=&sfmc_j=613740&sfmc_s=219100188&sfmc_l=2776&sfmc_jb=20010&sfmc_mid=100027443&sfmc_u=18155713