Managing your client’s expectations means
providing your clients with reasonable assessments of their situation.
It involves explaining the scope of your professional
relationship with them including what you will do for them and what you
will not do for them.
Clients are entitled to expect
you will perform legal services for them according to the standards
of a competent lawyer. Commentary to Rule 3.1-2 of the Code of Conduct states that you must possess the
requisite degree of knowledge and skill for serving a client in the applicable area
of law before accepting the retainer. Commentary [12] to the same Rule states
that you should obtain relevant facts and consider the applicable law before
advising a client, and you should be wary of providing unreasonable or
over-confident assurances to the client, especially when your employment or
retainer may depend on advising in a particular way. These principles are
inter-related. They require you to assess critically your skill and
knowledge with respect to the client’s legal situation. If you know
that you can act competently, you may be retained, obtain the
relevant facts, consider those facts in light of the law and advise the client
in a measured fashion.
Before entering into the retainer, and
throughout the course of the retainer, you must be cognizant of your
professional capacity and obligations, as well as unrealistic or unethical
expectations your client may have. You may have to advise clients, in
clear but polite terms, that you are unable to do what they ask. Explain why
such conduct would be inappropriate and indicate to them an
appropriate course of action. It is also important to appreciate the following
provisions of the Code:
- when you are required to withdraw
from your retainer (Rule 3.7-5);
- when you have the discretion to
withdraw from your retainer (Rules 3.7-2 to 3.7-4);
- the guidelines as to the manner of
withdrawal (Rules 3.7-6 and 3.7-7); and
- the special circumstances
surrounding withdrawal from contingency fee agreements (Rule 3.6-2).
If
your client constantly requests updates and information, you need to actively
manage their expectations. Ignoring the communications is not the solution.
Managing your client’s expectations
starts at the first meeting but does not end there. It is important,
particularly in litigation, to let the client know that assumptions and
strategies may have to be adjusted in light of changing circumstances. It
is a good idea to map out a plan for dealing with your client’s needs,
especially in litigation. Give your clients information about the legal process
and the plan for advancing their cause. It is wise to provide a timeline of
events (e.g., pleadings, questioning, settlement discussions, court dates,
etc.), and keep it current. Let your clients know what to expect of you at each
stage, and what you expect of them.
If your clients have taken on some tasks,
explain what you need from them, and when. You should diarize these items with
sufficient time to remind the clients you are expecting things from them
on certain dates. Always leave enough time in client meetings to explain
the ongoing proceedings and their purpose.
Provide your client with a copy of new
material as generated, as well as periodic status reports. This allows the
client to see that work is being done. It is also a good idea to send interim
bills, particularly if you agreed to this in the retainer agreement, as
they remind your client of the work you have done. You are inviting conflict
if you send a bill without having informed your client of your progress on the
file, or if you send a large bill at the end of the matter.
One of the most freeing experiences that
a lawyer can have is learning to say "I don't know". Contrary to
common belief, clients often do not expect you to know
everything. Most clients will be quite satisfied with you telling them that you
don't know the answer. Rather, you might say that you will look into the matter
and get back to them with a clear answer in a timely fashion. In
following this practice, you will satisfy your clients that you are
thoughtful, and you may find relief from an unrealistic
expectation you hold for yourself that you must know immediately the
answer to every question clients ask.
Using a client survey can be
helpful to track the efficacy of your client communication skills and help you identify
strengths and weaknesses in your practice. You could give your client the survey
at the beginning of the retainer and ask them to fill it out when the work is completed.
This approach lets your client know that you are interested in communicating effectively,
and that you value their feedback. It might also open the door for your client to
alert you about concerns earlier in the relationship.