Wisconsin Lawyer
Vol. 80, No. 7, July 2007

A Gallup poll several years ago asked people to rank 45 professions, using character, honesty, ethics, and contributions to society as some of the factors to be considered. Lawyers came in near the bottom - 37th. No surprise there. But take heart _ lawyers edged out gun dealers, car salespeople, and telemarketers.

Why the low ranking? The negative public opinion of lawyers has been an issue for decades, of course. Television shows and movies, such as Boston Legal, LA Law, and others, in which lawyers often are portrayed as self-important, self-promoting, unethical, and dishonest, do not help lawyers' image. But there has to be more to influencing public opinion than just television shows and movies.

The Gallup poll found that 74 percent of the respondents believed lawyers are more interested in winning their cases than in seeing justice served. Nearly 70 percent believed lawyers are more interested in making money than in serving clients.

Communication Breakdown

The key element of how the public perceives lawyers, however, appears to be the way lawyers communicate with their clients. The survey also asked for suggestions to improve the image of lawyers. A whopping 80 percent of respondents said lawyers should do a better job of communicating with clients, and nearly 70 percent said lawyers should do a better job explaining their fees.

Every time a lawyer is unresponsive to a client's phone message, does not fully explain a case, over-promises to a prospective client, or sends out a bill that is not easily understandable, the image of the profession is harmed. What is worse is that those actions sometimes lead to malpractice claims or disciplinary complaints.

Lack of communication is the second most frequent complaint among grievances filed with the Office of Lawyer Regulation (OLR), according to the OLR's last annual report. At Wisconsin Lawyers Mutual Insurance Co., client communication mistakes also are among the most frequently cited by people filing malpractice claims.

Milwaukee personal injury lawyer Kelly Centofanti, who has served on an OLR investigative committee, says countless complaints against lawyers arose from lack of communication between lawyers and clients. "I often receive calls from clients of other lawyers who are dissatisfied and after talking with them, I can see that communication is the problem. The lawyer may well be serving the client appropriately, but even if that's true, the client doesn't think so."

Unhappy or uninformed clients are more likely to have some complaints about their case, and probably about their lawyer, too. That is just one reason client communication is so important. It helps clients, but it also helps lawyers. Mondovi attorney Bob Hagness says there are several reasons client communication is so important. "First, it ensures client satisfaction, which is the client's measure of your success in representing them. Second, it ensures your professional future - your reputation. Third, it's good risk management."

Client Expectations

Madison attorney Janice Wexler says uninformed clients may become dissatisfied clients, and those generally are the people who rate the profession poorly. "These are often folks who spend a lot of money and are disappointed in the result. If they made an informed choice to take a risk that, in the end, didn't pan out, they're generally less upset than if they had no idea it could turn out the way it did."

Wexler says that is why lawyers should measure client expectations continually and not just at the beginning of a case. "If anything, I under-promise and am very conservative in telling a client or a potential client what to expect. If I can somehow over-deliver, everyone is happy."

Of course, that approach can result in potential clients going elsewhere if they do not think a lawyer believes in their case. "I simply tell them I will use 150 percent of my efforts to achieve their goals, but I want them to be realistic about how the justice system works and doesn't work," Wexler says.

"Sometimes lawyers hate to be the bearer of bad news and therefore they don't tell clients everything they should know," says Centofanti. "I have had potential clients come in wanting a lot of money for their injury, but I've had to tell some of them `there is no recovery for that in Wisconsin.' It is the lawyer's job to explain the process to the client, describe the way damages are measured, and bring the expectations down to a reasonable level. I do this to the extent possible at the first meeting. Often I have no idea at that early stage what the end result will be, but I talk about the way it works."

Madison family law attorney Stephen Beilke agrees. "I always emphasize to clients that there are no guarantees given the many variables in divorce actions. A lot of attorneys who practice divorce law tend to promise too much." Beilke says over-promising almost always leads to disappointment. "The client seldom is satisfied since most cases are resolved through compromise and meeting in the middle of issues."

The Technology Age

Technology has changed the way lawyers and clients communicate. It also has changed clients' expectations. "Email has become a preferred tool because it's so fast and does not rely on secretarial support," says Wexler. Many more clients today as compared to even only five years ago have Internet access at home. Because of the speed and ease of use of email, some clients may fire off many messages, requiring additional time and attention. "A lot of clients expect an immediate response," says Beilke, "but [email] also gives us a written record of a client's inquiries, concerns, and goals."

Centofanti takes the use of technology a step further. "My clients love email, but cell phones are great, too. They enable me to be in touch with clients when I am traveling. This makes communication much quicker and easier. I have a Blackberry, so I can respond to emails from anywhere. I tell clients that if there is news, I will be in touch. And then I carry that out, so that they learn to trust that I will be in touch if there is anything to be in touch about."

What about clients who call frequently? "Clients can be over-demanding, but I think that's usually because they haven't been educated about their case enough," says Centofanti. "Most times they are better if they completely understand their case and where it's going. Clients are owed a response every time."

In addition to educating clients about their case at the initial meeting and as the matter progresses, it is important for lawyers to let clients know how they handle and respond to emails and phone calls, and what the lawyer considers to be a reasonable response time.

There is another reason Beilke is motivated to respond to client inquiries and to keep clients informed. The Supreme Court Rules require it. "Lawyers don't relish the thought of communications on malpractice or letters from the OLR."

Bridge the Communication Gap

There are several ways lawyers can prevent clients from becoming unhappy and consequently avoid malpractice claims or OLR grievances.

1) Demystify the legal process at the first meeting. Find out what your client expects from you and explain what you expect from your client. Spell out the scope of your representation and what you can and cannot do for the client. Explain the basic elements of your client's case and how long it may take to resolve the case. Do not oversell. Beilke walks through the entire process with clients: "Explanations as to strategies are very important so that our clients can comprehend what we are really doing for them, given the facts of their case and the limitations under the law. I always express my view of the case and my expectations, indicating likely outcomes."

2) Be responsive. Respond to phone messages, letters, and emails from clients within 24 hours. Do not procrastinate. Centofanti says, "Clients hate being ignored. And it makes them dislike and distrust their lawyer."

3) Keep your clients informed of the progress in their case. If there is nothing new to report, tell them that. If there are developments, tell them that and discuss how the developments affect their case. According to Hagness, this is an important part of client relationships that lawyers sometimes overlook. "New facts may require additional work. Changed circumstances may require modification of the original scope of engagement or modification of the original timetable for completion of the work. It all takes ongoing communication between you and your client."

4) Ask your client how he or she thinks the case is going. Hagness says he often learns things from clients' answers to this question. "Sometimes clients don't realize you're actually accomplishing their goals. Remind them. Your clients will also appreciate you more if you show an interest in how they feel about your work. When you meet with your client consider asking, `How am I doing so far?' You'd be surprised at what you hear sometimes."

Conclusion

It is easy for attorneys to get caught up in legal strategy and the day-to-day demands of practicing law. You may be doing a great job for your clients without them really knowing it, either because of their lack of knowledge of their case and the legal system or because they are not adequately informed, or both. If clients understand what you are doing for them, they generally will be satisfied. As Wexler says, "Satisfied clients can also bring in business. My biggest referral source is satisfied former clients. The result may not always be exactly what they wanted, but they felt taken care of."

Beilke agrees. "I am firmly convinced that good communications have enhanced my practice through referrals."

Centofanti says there is another benefit. "I think good communication with a client is the best insurance an attorney can get."

Wisconsin Lawyer