The little turnoffs that send the clients to other firms:

THE BILLS, THE COMMUNICATION,

THE RELATIONSHIP

Reprinted with permission from Law Office Administrator, P.O. Box 11670, Atlanta, GA 30309, Telephone 404/367-1991.
February 2008

"It takes five to seven times more effort and money to generate a new matter from a new client than from an existing one."

The current business is "the strongest source" of new income, from both the repeat business they bring in and the referrals they generate, says Donna Erickson, a law firm marketing consultant in Minneapolis.

Yet many attorneys unwittingly turn that market away with business practices they fail to recognize as unattractive. The clients don't complain about those practices. But they notice them. And they don't come back because of them. Erickson categorizes the offenses as matters of billing, communication, and personal relationship.

THE BILLS THAT SHOULDN'T BE

First is the billing. And the issues there start with inappropriate charges. Those are especially deadly, Erickson says, because they breed a stewing anger clients don't mention. Instead, they just move quietly along to other firms.

Sometimes it's a matter of assigning several associates to a matter when only one is needed. To the client, that looks like the firm "is trying to find something for its associates to do." Or worse, is using the matter as a training course for new attorneys.

Sometimes it's a matter of having a first-year associate write "the brief of the year" for a small matter.

Less noticeable but equally aggravating is having a partner do work that could be done more cheaply by an associate or even by a paralegal. Many times that happens simply because the partner "doesn't have enough other work to stay busy."

In the wretched excess department is a bill that charges two hours' time each for three attorneys who met with the client in the office. And in the beyond-the-pale department is charging for the coffee and donuts the firm ordered in for the meeting.

The charges need to be reviewed and discounts made before the bills ever go out, she says. Yet many firms "just whip out the bills" without ever editing them. If a new associate "writes a 50-page dissertation" on what could have been covered in a three-page memo, that time should never appear on a bill. If the client complains and the firm gives a discount as a result, that client is going to be suspicious of every bill from there on out.

THE NICKELS AND DIMES

Nickeling and diming people is offensive as well. When a client is already paying "a healthy billing rate," it's more than irksome to get a bill showing a $3 charge for photocopies. Better is to raise the rates a few dollars an hour to cover those expenses, she says. There's no need to spell them out on the bill.

Then get good mileage from doing so by listing the copies on the bill and showing "no charge." The packaging counts. It's of little value for the firm to do something at no charge or at a discount unless the client is aware of it.

THE SURPRISE CHARGES

Then there are the billing surprises, and those start with the shocker bill that carries expenses the client never expected to see. When the work comes to a fork in the road that can necessitate additional charges, tell the client before starting and give the option of declining the work or taking other routes.

Equally offensive is the surprise rate raise at the first of the year. Many firms are guilty of that. The attorneys hate discussing money with their clients, so in January they just start sending out bills with a different rate. In either case, what the client sees is a firm that's not just uncaring but discourteous as well.

Set the billing expectations up front, Erickson says.

• Explain who will do the work and why.
• Give a fee range.
• Ask what the client's budget is, and if the firm won't be able to stay within that amount, say so at the onset.

"People have budgets," she says. And they are required to stay within the limits. If the amount is not realistic, the client needs to understand that before the firm starts work on something that client can't afford to pay for.

THE COMMUNICATION GAPS

The second category of client turnoffs is poor communication. Ask new clients why they left their previous law firms, and bank on it that poor communication will be a top complaint, Erickson says. Yet good communication is not difficult to achieve.

She gives these rules:

• At the start of the representation, ask what communication the client prefers. Ask whether telephone or e-mail is best and when the best times are to call.
• Explain how to stay in touch with the firm, and give the impression that the firm is available to that client day and night. A good way to do that is with a photo contact sheet for the client and the client's staff to use. Put in digital photos of the attorneys working on the matter and give their office, home, and cell numbers. Also include the names and photos of the staff working on the matter and their contact information.
• Give fast returns on the incoming calls and e-mails. "Lawyers are not as responsive as their clients would like," she says. Clients should get a response within two hours. And if the attorney can't return the message within that time, the assistant should call and either take care of the matter or tell when to expect a call from the attorney. Wait more than that, and it appears the attorney has no real interest in the client's situation.
• Keep the client constantly aware of the progress in the matter. Send copies of all the correspondence, pleadings, memoranda, and e-mails. At the end of the month, send a brief narrative of "this is what we have accomplished and here is what we expect to do next month." That gives a sense that things are moving along. The client knows the firm is actively pursuing the matter and what's being paid for and the value that's being produced.
• Make things easy. Meet as often as possible at the client's place of business. It's far more impressive for the attorney to visit the client than the other way around.
• And don't affront callers by screening them at the front desk. An immediate "who's calling please?" says the receptionist is deciding if the caller is important enough for the attorney's time. If calls have to be screened, don't do so at the front desk. Send them instead to the legal assistant who can find out what the caller needs and possibly answer the question, or at least explain the attorney's schedule and give a time to expect a return call.

AND WHAT IS IT YOU WANT?

Also essential to communication is finding out what it is the client wants to achieve. Attorneys are all too eager to jump to the conclusion that a client wants to litigate when in fact all that client wants is a quick and quiet resolution. The magic question: In a perfect world, tell me what success would be on this matter.

Similarly, she says, don't play devil's advocate. Clients often say their lawyers are "roadblocks." The client wants to achieve X, and the attorney gives 10 reasons why that can't happen. Be creative. Look for ways to say "yes, we can do that."

THE INTEREST BEYOND THE LAW

The last category of offenses is the lack of interest in the client's business and industry. Many firms plow right into the work and start drawing up documents "without ever understanding the business objectives and priorities of the client," Erickson says. Yet having that information can affect the way the matter turns.

A knowledge of the client's business is valuable on a personal level as well. Read the client's website before each meeting to find out if there are new developments or new hires or new product lines or whatever. It's extremely complimentary to the client to hear the attorney mention that.

• Send handwritten notes.
• Send copies of articles of interest.
• Go as far as the business warrants.
• Read the trade publications.
• Even go to seminars and trade association meetings and look for ways to make the business more profitable.

Who could ever switch firms when there's continuing evidence that the attorney is on a constant lookout for the client's interests?

Personal attention counts too - holiday cards, birthday recognition, get-well wishes, a house warming gift when a client buys a new house, sports tickets, or mention of hobbies and interests.

And so does social conversation. Attorneys are often so focused on the work that they appear arrogant. To a client talking about his daughter's wedding, it's more than a little offensive to see the attorney sneak a peek at a watch.

GET THE CHANCE AND KEEP IT

Erickson adds that many a firm courts a potential client with "give us a chance and try us on just one matter." Then it gives that client "golden service" that exceeds all expectations but doesn't ask for more work and doesn't stay in touch afterwards.

Keeping business is a matter of "constant courtship." If the firm doesn't show personal and continued interest in that client, "somebody else will."