Note:
this module does not discuss conflict of interest checks, client identification
and verification rules and retainers. See the specific modules dedicated to
these topics in this
course for more
information.
First Impressions
Being a good lawyer is so much more
than just providing a great quality work product; it is also about providing
professional service and cultivating a reputation for both. Reputations are
something that we cultivate personally, but they can also depend on the
viewpoints of others. Below are actions you can take to convey
professionalism to a prospective client.
- When someone enters or calls your office, they should be treated with
politeness and respect. A professional workspace and attitude build confidence
in clients, colleagues and others that you are up to the task and will be a trusted
representative for their interests.
- How you treat your staff also informs a person’s impression of you.
Treat your staff with courtesy and respect and make it clear that you expect
that they do the same with everyone who contacts or enters your office.
- Be punctual. If you anticipate being late, send a message to your client
in advance. If you cannot directly send a message, ensure someone in your
office contacts the client to explain your delay and when you will be
available. Being late for meetings or court appearances is seen as a sign of
disrespect and sloppy practice. Seek assistance for improving your time
management skills before lateness becomes a habit.
- Office setting and décor can often form an important part of cultivating
a professional reputation. A messy office might leave the impression that you
are unorganized. Every so often, try walking into your office with fresh eyes
and consider the first impression it makes on you. Updating need not be
expensive or time consuming and may only mean a bit of cleaning or
decluttering.
The Importance of Listening
The importance of listening to your client
cannot be overstated. You will establish a good relationship with your clients if
you listen to what they say, think about what they have told you, and then
respond. You should resist the temptation to assume you have heard the client’s
story before and know the solution. In the same vein, you should resist the
temptation of speaking over the client in a rush to demonstrate that you are
clever, wise, and know the answer to their problem. Develop the habit of
letting the client speak, then narrow the issues with follow-up questions, and when
appropriate don’t hesitate to let the client know that you want to do
additional work to test your initial assumption about their situation. If you
don’t listen, you are more likely to make mistakes and offend your client.
Match Your Style with the Client’s Needs
Discuss communication expectations as
soon as you meet your client. Address how each of you prefer to communicate and
receive documents, being sensitive to your client’s needs. For example, while
your practice may be to primarily communicate by email, be mindful that your
client may not have a computer to access email, may be functionally illiterate,
or may not be fluent in English.
Notably, lawyers must, when appropriate,
advise their client of their language rights, including the right to proceed in
the official language of the client’s choice. Where a client wishes to retain a
lawyer in the official language of the client’s choice, the lawyer should not
undertake the matter unless the lawyer is competent to provide the required
services in that language or arranges for the assistance of an interpreter (Code of Conduct, Rules 3.2-7 and 3.2-8).
Also
discuss your typical response time to replying to client communications. While
return communications should always be done in a timely fashion, do not set
standards that are unattainable for your specific practice. It is better to be
honest than set an expectation you will rarely be able to meet. If applicable,
explain that at times there may be a delay in responding to their
communications but that you are committed to resolving their legal problems. Given
the variety of work schedules depending on practice setting, it may also be
worth discussing your general availability outside regular business hours.
Depending on the client, it may be
appropriate to explain how important it is that they respond promptly when you
need their instructions, and what steps you can reasonably be expected to take
if they are non-responsive.
It is a good idea to record the
communication plan in the retainer letter (see the Retainer module for more information).
Fee Estimates
Commentary [3] to Rule 3.6-1 of the Code
states that a lawyer should provide to the client in writing, before or within
a reasonable time after commencing a representation, as much information
regarding fees and disbursements, and interest, as is reasonable and practical
in the circumstances, including the basis on which fees will be determined. Every
lawyer should have an agreement with their client, in writing, setting out
these expectations as full disclosure can prevent problems later in the
relationship. Every lawyer owes their client a duty of candour in communicating
their fees and disbursements, their fees must be fair and reasonable, and
fully disclosed in a timely fashion. If problems do develop, your fees may
be reviewed by a Review
Officer
and/or the client may submit a Law Society complaint.
Communicating effectively with your
client about fees involves more than providing a fee estimate. It requires
putting that estimate in context based on the facts, the services the client is
seeking, and informing the client if issues arise that may change your initial
estimate. It is a good idea to explain the steps that you know you will need to
take on the file, and an estimate of the time required for each step. If
applicable, you can explain alternative resolution processes at the same time
and the effect of those processes on the estimated fees. Your estimate of fees
should also include an explanation for how the fees will be calculated, how
disbursements will be calculated and charged, expected timelines for the
payment of fees and accepted payment methods.
Be Clear: Are You Establishing a Lawyer-client
Relationship?
It is important to always be clear regarding
whether you are committing to providing services to someone who has sought your
advice. The Code defines “client” as including a person who reasonably believes
that a lawyer-client relationship exists, whether or not that is the case at
law (Rule 1.1).
Be cautious about casual conversations involving
legal matters; solicitor and client relationships are often established without
formality. If you are not careful, you might find yourself learning confidential
information that may prevent you from subsequently acting for another party.
Further, if you are not clear that you have no intention to act for the person,
they may rely on you for your assistance and on that basis, fail to take steps
to protect their own interests which could lead to missed limitation periods
for the individual and possibly a complaint for you.
If you determine that you will not provide legal
services to the person who consulted you, either because they have not retained
you or because you decline the engagement, you should consider confirming the non-engagement
in writing as soon as possible. Communicating that you do not intend to take the
retainer is only part of the task. It is essential that the person understand that
a lawyer-client relationship has not been formed, and to know that while you are
not advising them as to the potential merit of their situation, there might be limitations
that affect their rights or obligations. You should also suggest they seek the advice
of another lawyer. You can find a sample non-engagement
letter on
the Law Society website.
Remember that you owe a duty of confidentiality
to anyone seeking your advice or assistance on a matter invoking your professional
knowledge, even if you are not formally retained, you don’t agree to represent the
person, and you never render an account.