NEWS

Now That You Have Got the
Client - How Do You Keep Him?

Getting clients and establishing a clientele is probably viewed by most law practices, big or small, as key to maintaining the viability of a law practice.

Yet the issue of sustainability goes beyond landing that big client account.

What you do after that determines whether and how long a client stays you.

Sometimes, seemingly minor things like whether and how a client's phone calls are answered by you or your staff and how long it takes for you to respond to a client's query play a big part in the client's decision whether to stay with you.

Wondering why that really enterprising small business that looks like it is going to conquer the China market never contacted you again after you completed that first matter?

Many lawyers do not realise when and how they have upset a client. An unhappy client may express his unhappiness simply by not returning; and the lawyer often has no clue what has gone wrong in the relationship.

Good communication is the foundation of good lawyering.

In many instances, poor communication is the root of complaints of inadequate professional service or worse, complaints alleging misconduct.

Some lawyers may not be aware, but there are 13 standards of professional service under the Legal Profession (Professional Conduct) Rules, of which a breach of any of the standards could lead to a client lodging a complaint against his lawyer for inadequate professional service.
For instance, not returning or completely avoiding clients' phone calls - a sure fire way of annoying your clients, is a breach of Rule 20 of the Legal Profession (Professional Conduct) Rules, of which a client may lay a complaint against his lawyer alleging inadequate professional service.

A lawyer may sometimes forget that while a client's matter is one of many files that he is handling, for the client, it is his only case and the client is always anxious to know what is happening in his case. So, when a client consistently fails to reach his lawyer, the client's escalating frustrations can sometimes lead him to lodge a complaint against the lawyer for poor service.

Complaints like these could have been avoided if there has been proper communication between the lawyer and his client and if there has been proper management of the client's expectations.

Indeed, a lawyer, due to an overwhelming work load, may even avoid direct communication with his clients altogether, and have his staff deal with his clients directly. While it may be impossible for a lawyer to personally attend to every single communication with the client on a matter and your paralegal staff provides an invaluable resource for you to tap on, they should never be left to deal with your clients the entire time. It is not only a sure way to lose your client; it is a breach of your professional duties as an advocate and solicitor.

Another form of communication with clients, which often gives rise to disagreement, is the rendering of a lawyer's bill for fees and expenses.

In the rendering of bills, managing your clients' expectations is important.

A fundamental principle of client communication is to never surprise your client. Surprising the client with a final bill with higher than anticipated fees and unexpected disbursements usually ends up with a very unhappy client.

Manage your client's expectations by keeping him in the loop; letting him know of possible outcomes in the matter; explaining to him the basis upon which your fees are charged and giving him realistic estimates of fees and expenses (which are, by the way, requirements under Rule 35 of the Legal Profession (Professional Conduct) Rules) - reduce if not avoid the element of surprise, be it legal fees or possible outcomes. Avoiding discussing bad news altogether for fear of the client's reaction is never a good way to maintain a client-lawyer relationship.

The standards of professional service under the Legal Profession (Professional Conduct) Rules should not be viewed merely as rules of which any non-compliance can potentially land you in a disciplinary action; viewed positively, these standards serve as signposts of a good client-lawyer relationship and good client service.

Poor client service is not only a potential cause for complaint against a lawyer in the worst case scenario; it can leave a lawyer with no referrals and no repeat business.

Repeat business is the key to long-term sustainability and viability of a law practice.

Keeping existing clients happy is a more efficient and better way of building your clientele than looking for new clients. Happy clients can have a ripple effect and potentially bring in more clients for you. Referrals come from word of mouth and if a client is happy with your service, he will be happy to recommend your services to people he knows and no recommendation can be better than when it is given by your client.

Conversely, no word travels faster than when it is a negative comment and you do not want to lose a potential client because of what he has heard from an unhappy (former) client. If a client is not happy with your services, address his complaint promptly, so he knows you have heard and taken action to address his concerns.

Good client management is crucial to building a legal practice.

For a practical approach to understanding the 13 standards of professional service under the Legal Profession (Professional Conduct) Rules, a seminar on 'Practical Steps to Avoid Complaints of Inadequate Professional Service' will be held on 15 July 2008 where participants will find out how to implement simple and effective practices in the daily running of a law practice to comply with the Rules. To find out more about the seminar, visit the Society's website (www.lawsociety.org.sg) or contact cpd@lawsoc.org.sg. Practitioners of small law practices enjoy a special 20 per cent discount off the seminar registration fees.

If you would like guidance on how to manage client relationships, or any other practice management issues, you may consider seeking guidance under the Law Society's Practice Consult initiative, which offers guidance by a legal practice management consultant on practice management issues on a confidential basis. The Law Society bears the cost of the first hour of the consultation.

Besides Practice Consult, the Law Society also offers various other initiatives and tools to help practitioners in their practice, such as Legal Armour (on-line research tool), free LawNet2 access (for a limited period) and a sounding board in the form of our 11 practice committees for you to raise your practice concerns and queries and seek guidance on practice issues.

For information on any of our initiatives, contact our Communications and Membership Interest Department at 6530 0236 or e-mail communications@lawsoc.org.sg.

Chua Lik Teng
Chief Executive Officer
The Law Society of Singapore