2.4
Starting the Lawyer-Client Relationship (or not)

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.

Foster Collaboration and Trust

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 speakand asking open-ended questions before narrowing the issues with follow-up questions. If you don’t listen, you are more likely to make mistakes and offend your client. 

Once you formulate the list of issues to address, review the list with your client and ask if they have any they want to add. This provides an opportunity to address issues that may not yet have been brought to your attention and confirm those that are not within your scope to address.  

Summarizing your client’s information as you provide advice and asking if they have any questions or concerns are useful strategies to help ensure you understand their perspective and clear up any discrepancy in information or expectations. It also provides the opportunity to express empathy for your client and acknowledge any positive aspects of their circumstances. 

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.