LOMA : Articles
Taming the Beast: Managing Your Clients'
Expectations in a 24-7 World
By Patricia Yevics
Director, Law Office Management
Maryland State Bar Association, Inc.
Every where you turn, you read articles about
how stressed everyone is because technology has "speeded" up all
activities. We no longer get a relief from the pressures of work and
clients. What is different today than 10, 20 or 30 years ago? Technology
is always listed as the culprit. Technology was supposed to relieve us of
burdens but instead has simply intensified them. The belief is that
before we had all these high-tech gadgets which make us instantly
accessible and overwhelmed with information, the world (and legal
profession) moved at a leisurely pace.
I doubt that very much. Simply because
people could not produce as much in the past due to less technology does
not mean that they were not working as hard or as furiously as they could
given the tools and machines of the day.
The idea that technology is the source of
all our work related anxiety has always perplexed me. I have never
believed it to be true. I don't know about all of you but I have been
really busy since 1968 - long before cell phones, PDA's or even
computers.
The technology is not the problem. We are
the problem. The technology has not caused us to move at a seemingly
quicker and more frenetic pace but rather how we use or abuse the
technology. As I have often said, technology is just a tool. How we use
the tools determine how we work and live.
Unfortunately, new technologies usually
come at us at faster pace than our ability to create "rules" to use them.
The automobile was invented before traffic lights. The same is true for
computers, fax machines, cell phones, PDA's, the internet, email etc, etc,
etc.
Instead of whining about how demanding
clients are and how we have to work at a faster and faster pace just to
please them, let's come up with ways to use the technology to be more
efficient and, more importantly, how to create rules so that we can
"teach" our clients how we can help them even more.
I know that law is based on relationships
and all these rules will not apply to all clients or at all times but I
think it is important to establish realistic standards so that clients
know what you are promising to deliver and their expectations can be met.
In addition to creating these new standards or rules, I think it is
critical to share them with your clients from the start of the
engagement. You might also want to consider sending the rules to current
clients. You may not be able to do that with all existing clients but
should be considered. You also want to share this information with your
staff.
Simply because you can be accessible 24-7
does not necessarily mean that you should. I am not really sure that most
clients even considered that they needed this 24-7 service until some
overly anxious practitioner or techno-practitioner offered. For the vast
majority of clients, there is no need to answer an email instantly. In
fact, I would be concerned if my attorney responded to me instantly. I
would be concerned that 1) he/she was not very busy and 2) did not give
the answer sufficient thought. Like coffee, instant is not always best.
When explaining to clients what they can
expect from you regarding communication, you want to let them know that
you or someone from your office will return all phone calls within 24
hours (or whatever your standard is). Also explain that you may have to
call after 5 PM. Ask the client if they can be contacted after "work"
hours or at home or on weekends. Ask if they can be contact on their cell
phone. This shows respect for their time. Ask them if they to
communicate via email. Some clients do not want to use email
If you give out your email address to
clients, then you need to establish guidelines for using email. First you
need to decide how you are going to bill for an email response and share
that with the client. Some people believe that just because email is so
quick, that any answers that are received will not be billed. If you are
going to send a lengthy reply, then that should be treated the same way
you would treat a response by regular mail.
I used a lawyer in Pennsylvania to take
care of issues related to my parents. Except for our first meeting almost
all non-urgent communication was done by email. I would send her a list
of questions and she would take a few days to reply and they were very
detailed and lengthy. I expected to be billed for the time it took her to
give me the answers.
It is important to tell clients you use
email and will respond within 24 hours. You need to stress that does not
necessarily mean that you may have the answer to their question. A
response is not always an answer. You need to inform them some questions
may take more time than others. To answer too hastily would not be in
their best interest. If the answers to some of the email questions are
detailed, you might want to also call the client to discuss the answers
personally. This is good way to solidify relationships because this is
sometimes lost with email.
You should also suggest to clients that
they send as detailed a message as possible so that you can be prepared
with information when you do return the call or email. What I often do
when I call someone and get his/her voice mail, is to leave a message that
I am going to send a detailed email or fax. This alerts the person to the
fact that I am sending an important - but not urgent- message.
Another rule I recommend is to tell clients
they should not send any email message that requires immediate attention.
Any emergency or urgent matter should be communicated via the phone.
There may be some reason you have a client
or a particular case that may sometimes need your immediate email
attention. You may want to consider setting up one or even two separate
email addresses you can use for those unusual circumstances. You can just
give it out for special situations. This also makes the client feel
important which can be a marketing tool.
Although we do not usually think of fax
machines as high tech, this emergency rule should also apply to fax
machines.
If you are going to tell clients not to
send emergency or urgent messages via email then you must define emergency
and urgent. What is an emergency to your client may be a simple matter to
you. Many years ago I heard a lawyer who practiced criminal defense and
family law - two practice areas fraught with potential emergencies - say
that he told clients that they could call him at home if there was an
emergency. He would not charge for these calls because of the nature of
the work. However, if they called him at home and it was NOT an
emergency, he would add an additional amount to the fee. In order to make
certain that his clients knew the difference between and emergency and a
non-emergency, he made a list which he gave to all clients. In addition
to defining an emergency, he told clients what else to do in these
instances.
While I do not recommend that you threaten
to tack on an extra fee for an errant phone call, I do suggest that you
think about what circumstances you think constitute an emergency as it
relates to your practice area.
Almost everyone has a cell phone and more
and more attorneys, especially solos, have some type of mobile computing
power, whether a laptop or PDA or Blackberry. If you give your cell phone
number to clients and they contact you when you are at your daughter's
track meet or your son's recital, there is no hard and fast rule about
whether you should take the call or let it go to voice mail. There may be
times when you do need to talk with a client about a pending issue. There
are also times when you can allow the call to go to voice mail and return
it at a later time. Every call does not need to be answered every time.
If your relationship with your clients is so tenuous that you need to be
available at any moment, you are doing something wrong and all the
technology in the world will not help. |