Reid My Blog!

Buyer's Remorse

Buyer's remorse is not limited to the purchases of consumer electronics, homes and automobiles. Many clients also experience second‑thoughts about the lawyer or law firm they just hired.  They may never voice these thoughts to you, but there is something lawyers can do:  To reassure your new clients that they have made the right choice, immediately show a little extra client care: Personally call them within 24 hours to let them know you have commenced work on their behalf. Tactfully let them know this is a courtesy call at no-charge. Then send each new client a brief thank you note with a "gift." The "gift" could be a recent copy of your firm newsletter or a recent topical article you authored that relates to the client’s matter, thereby adding to the their confidence in your abilities while helping them to better understand the legal issues. The gift could merely be your business card that lists an unpublished telephone number for the client to reach you directly in an emergency, or it could be a book related to their legal issues, to convey to them that you care about them as a client. You get the idea, so go ahead an create the best “gift” for your firm or practice. This immediate special attention reduces the clients’ unspoken thoughts of remorse, and helps to build positive long‑term relationships.

Client Intake Risks, Part I

The initial client consultation is a risky time in the formation of an attorney-client relationship. There are ethical and financial risks, some of which are obvious, some of which are not. I'll be writing on these risks over the coming weeks to identify some of the less-obvious ones, and provide some suggested solutions.  Today I want to focus on accepting documents during an initial client interview.  It is best not to accept any original documents from the prospective client, until the client has retained your services.  Accepting the documents-- which are personal property--puts you at risk if the prospective client later claims you agreed to the representation.  Instead, immediately photocopy any original documents the client may have brought to the consultation and return those during the consult to the client. If the documents are too voluminous don't offer to copy and return them after the consultation--there are too many ways they could get lost or you get blamed for not returning them. Also consider modifying your client intake sheet to include a provision that the client gave you permission to photocopy any tendered original documents and an acknowledgment that they were, in fact, returned. 

It's one thing to accept original documents from a bona fide client, but it's another to take a risk on a person who has not yet formalized their relationship with you.