Giving you ideas and tools to help you be proactive about avoiding a malpractice claim and to help you grow your practice by creating habits focused on building great client relationships. The presentation includes: - Client Intake and Selection - Conflict Checks - Fee Agreement Contracts - Non-Engagement, Disengagement and Thank You Letters - Managing Client Documents

1. Managing Your Risk by
Building Great Client
Relationships
Presented 07/20/12 by Peggy E. Gruenke
LawBizCOO

2. Goals for Today
Give you ideas and tools to help
you be proactive about avoiding a
malpractice claim and to help you
grow your practice by creating
habits focused on building great
client relationships.
Eastside Lawyers - July 20, 2012 2

3. Eastside Lawyers - July 20, 2012 3
Get it in
Writing
Clearly
identify
terms of
engageme
nt
Ask how
you are
doing
Ask for
feedback
as matter
progresses
Don’t
annoy
your
clients
Return
phone calls
and emails
Send them
copies of
important
documents
Document,
Document,
Document
Record advice
or instructions
that involve
significant
issues or
outcomes
Memorialized
communicati
ons help
confirm what
was said or
done
Communication

4. Eastside Lawyers - July 20, 2012 4
Manage
Expectations
Not just at start
but throughout
matter:
Discuss
outcomes, how
long, fees,
expenses
Meet or Beat
Deadlines
Set realistic
deadlines;
Under promise,
over deliver;
Don’t
procrastinate
Get the $ Up
Front
Get a retainer
and replenish
it.
Stop Work if
No Payments
Management

5. Eastside Lawyers - July 20, 2012 5
Inadequate
Investigation
Dig a little
Deeper;
Identify all
issues and
Concerns;
Make sure client
has disclosed all
information
Conflicts of
Interest
More costly to
defend and
indemnify;
Conflict
between current
or past clients;
Conflict when
attorney has
personal
interest.
Failure to Know
or Apply the
Law
Don’t dabble
in areas of
law
Use your
referral
network
Other Areas

6. Added Benefits
 Gain access to better malpractice
insurance
◦ Insurance companies can identify a firm with
good policies and procedures in place
 Happy clients give more referrals
 Happy clients are less time consuming
 Happy clients pay their bills
= You’ll be more profitable
____________________________________
Side note:
Client surveys – do them and follow-up with both the
good and the bad (ask for Google Reviews)
Eastside Lawyers - July 20, 2012 6

7. The Ball is in Your Court
 It’s a process you will continue to
develop and perfect.
 You’ll get more for your risk
management efforts by focusing on
improving client communication and
getting things done on time.
Eastside Lawyers - July 20, 2012 7

8. Communi
-cate
ManageGrow
Eastside Lawyers - July 20, 2012 8

9. Create a Process that’s Habit Forming
1. Client Intake and Selection
2. Conflict Checks
3. Fee Agreement Contracts
◦ Get them & get them signed before you
start
4. Non-Engagement, DisEngagement and
Thank You Letters
5. Managing Client Documents
◦ Your Responsibilities
Eastside Lawyers - July 20, 2012 9

10. Client Intake & Selection
1. Develop a Potential Client Info Sheet
◦ Use staff to screen initial calls
◦ Form contains:
 Name, address, phone number, email
 Nature of call or legal need being sought
 Who referred the caller
 Have you already worked with an attorney
 Disclose initial consultation fee
 how much and how will they pay
 In Outlook Contacts, set-up a Folder called
“Prospective Clients” and enter all info here
Eastside Lawyers - July 20, 2012 10

11. Client Intake & Selection (con’t)
 If prospect will not give you this info
 Client Screening Goals
◦ Will they be a good client
 Background check for any prior/pending
lawsuits
 Ask for a initial consult fee to test the
waters
◦ First step in risk management
Eastside Lawyers - July 20, 2012 11

12. Client Intake & Selection (con’t)
◦ Did not pass the Gut Check
 Follow-up with a phone call or letter
2. Set-Up Initial Client Meeting
 Passed Screening Process
◦ Goals:
 Set expectations
 Clarifies financial obligations
 Time spent here will save you and your staff time
in the future
 Second step in managing your risk
Eastside Lawyers - July 20, 2012 12

13. Client Intake & Selection (con’t)
2. Set-Up Initial Client Meeting
◦ First step to establishing a great client
relationship
◦ Set a comfortable atmosphere for this
exchange of info
 How did you hear about us
 Did you have trouble finding the office
 Focus on casual questions to get a feel for
personality
Eastside Lawyers - July 20, 2012 13

14. Client Intake & Selection (con’t)
 Start with a Client Packet (review packet
sample)
◦ Client Intake Form
◦ Firm information sheet for client
◦ Sample Invoice
◦ Sample or real fee agreement contract
◦ Firm Brochure
Eastside Lawyers - July 20, 2012 14

15. Client Intake & Selection (con’t)
 Discuss the type of case
 Course of action
 Possible Outcomes
 How long things take
 Type of documents needed
 Show a visual flowchart of case steps
 MindMeister
 Walk thru fee agreement contract
◦ Have the financial discussion
 What fees will be charged
Eastside Lawyers - July 20, 2012 15

16. Client Intake & Selection (con’t)
◦ Types of charges which may appear
without client involvement:
 Indirect Expenses
 Direct Expenses
◦ How the retainer works
◦ How they will be billed
◦ Who to call for questions on bill
◦ What happens when account goes past
due
Eastside Lawyers - July 20, 2012 16

17. Client Intake & Selection (con’t)
 Benefits of this initial meeting:
◦ Sets context of the working relationship
and reduces client stress
◦ Saves attorney and staff hours answering
calls and questions
◦ Reduces client frustration and will
encourage clients to speak to others in the
office
◦ Clarifies financial obligations and
consequences
◦ Provides written standards which can be
referred to when neededEastside Lawyers - July 20, 2012 17

18. Fee Agreement Contracts
 First piece of written communication
between you and the client
◦ Types:
 Pro Bono, Flat Fee, Hourly, Contingent
 Use as a Tool for:
◦ Client service
◦ Financial Management
◦ Risk Management
Eastside Lawyers - July 20, 2012 18

19. Fee Agreement Contracts
 Client Service
◦ Gives you the opportunity at the outset to
communicate effectively with your client
◦ Instills client confidence
◦ An informed client is a more satisfied
client
◦ More likely to pay on time
Eastside Lawyers - July 20, 2012 19

20. Fee Agreement Contracts
 Finance Management
◦ Clients who understand billing process are
more likely to pay on time
◦ A well crafted fee agreement contract
allows you to terminate relationship when
client does not pay
Eastside Lawyers - July 20, 2012 20

21. Fee Agreement Contracts
 Risk Management
◦ A signed fee agreement contract is a legal
contract with your client
◦ Reduces possibility of misunderstandings
that can lead to malpractice claim
◦ A client who does not sign and return
promptly, with requested retainer, is a sign
of a high risk client
Show Client Tracker Spreadsheet
Eastside Lawyers - July 20, 2012 21

22. Communication, Communication,
Communication
Lack of communication is most common bar
grievance complaint
 Every communication contains 3 elements:
◦ Information – Managing Your Services
◦ Service – Client Development
◦ Growing Your Practice
Eastside Lawyers - July 20, 2012 22

23. Non-Engagement vs. Disengagement vs.
End of Representation Letters
Non-Engagement:
◦ Lawyer never actually undertakes
representation of client
Disengagement:
◦ Officially ends a representation which has
been undertaken
End of Representation or Thank You
Letters:
◦ A marketing tool
Eastside Lawyers - July 20, 2012 23

24. Non-Engagement vs. Disengagement vs.
End of Representation Letters
 Non-Engagement Letters
◦ Avoids the problem of the “unintended client” and
potential malpractice claims
◦ What to include in the letter
 Must clearly state that the lawyer has not been
engaged by and does not represent the client
in the matter
 Notify the would-be client that there may be
time limitations that apply to their matter and
they should seek legal advice from another
attorney
Eastside Lawyers - July 20, 2012 24

25. Non-Engagement vs. Disengagement vs.
End of Representation Letters
 Non-Engagement Letters (con’t):
◦ When to use a non-engagement letter
 Anytime you have had contact with a
potential client and either the lawyer or the
prospective client determines that the lawyer
will not be moving forward with
representation.
 When a client has not responded to the
lawyer’s request to return the signed fee
agreement contract or pay initial retainer
Eastside Lawyers - July 20, 2012 25

26. Non-Engagement vs. Disengagement vs.
End of Representation Letters
 End of Representation or Thank You
Letters
◦ Officially ends representation which has been
undertaken by the attorney
◦ Writing a thank you letter - a routine part of
your file closing procedure
◦ A thank you letter at the end of
representation is the ideal way to:
 Assign an end date to your representation
 Remind clients of any remaining actions they need to
take
 List the original documents you have enclosed
Eastside Lawyers - July 20, 2012 26

27. Non-Engagement vs. Disengagement vs.
End of Representation Letters
 A thank you letter at the end of
representation is the ideal way to:
 Remind clients of your file retention
 Invite clients to comment on their experience
with your firm - Survey
 Offer to be of service in the future
 Express your gratitude for the confidence the
client has placed in you
Eastside Lawyers - July 20, 2012 27

28. Non-Engagement vs. Disengagement vs.
End of Representation Letters
 Disengagement Letters
◦ Sent when relationship has deteriorated
◦ Client does not pay bills
◦ Lawyer has withdrawn from case
Eastside Lawyers - July 20, 2012 28

29. Managing Client Documents
 When clients drop off documents
◦ Do not keep
◦ Scan and return to client while they are in
the office
◦ Document what and when they dropped
off and that you returned originals to them
 Filing systems – electronic and
physical
 Document management policies
Include retention policy in fee
agreement and any end of
representation letters Eastside Lawyers - July 20, 2012 29

30. Where to get more
information
 www.abanet.org
◦ Law Practice Management Section
◦ Solo/Small Firm Division
 Subscribe to blogs
◦ www.practicepro.ca
◦ "Avoid A Claim" Blog
◦ www.myrisk411.com
 Know your Ohio Professional Rules of
Conduct
Eastside Lawyers - July 20, 2012 30

31. Eastside Lawyers
Managing Your Risk by
Building Great Client
Relationships
PRESENTED JULY 20, 2012
BY: PEGGY E. GRUENKE
LAWBIZCOO