Great Expectations — Five steps to managing legal client work in a realistic and achievable way

The team at Lockton considers tips for managing clients’ expectations in a realistic and achievable way.

We have all had those clients – the ones who are on the phone each day (or even several times a day) for an update, demanding you move mountains to achieve their goal; this might be chasing updates on a flat purchase that isn’t due to settle until next month, or expecting an executry to be all tied up within a few weeks of the death. It can be easy to be dismissive of these clients or to get frustrated. However, as we all know, that transaction will mean a great deal more to the client than we might appreciate.

Complaints can and do arise out of a client’s perception of the service they have received, even where no real deadlines have been missed and no practical delay caused. So how can we better manage those perceptions and those clients’ (great) expectations?

1) Communication: it’s good to talk

Clear and straightforward communication is an important part of any client relationship, but where there is tension involved it is particularly important to use communication to your benefit.

You know the quote, “I was going to write you a short letter, but I didn’t have time, so here’s a long one instead.” If writing to the client, consider whether the status of their file can be quickly grasped from what you have said and whether the level of detail you have provided is appropriate. In short: does the email make sense? If there is too much to wade through, that might make an already irritated client even more worked up; too little detail could leave them feeling in the dark. It might take a little longer to work on, but a succinct summing up of where things stand should satisfy the demand for an update while leaving little room for quibbling. Read the email back to yourself and put yourself in the client’s shoes.

Consider also how regularly you update your client. They might have already expressed a preference for how often they want to hear from you, and that is a sensible thing to discuss at the outset. Consider including a section in your letter of engagement or your firm’s terms and conditions on communication, including how you will communicate with your client and what you need from them. For helpful guidance and sample text for letters of engagement, take a look at Lockton’s Letters of Engagement Guide, particularly the sections ‘Instructions’ and ‘Your responsibilities’.

Keep the method and regularity of communication under review as the transaction progresses. A quick email before the client feels tempted to get in touch might head off a trickier interaction later on, and that proactive approach will also show that you are on top of things and have that client and their business in the front of your mind, while freeing you up to deal with the other things on your desk. Weekends can be a tricky time for an anxious client if they haven’t heard anything in a while, so diarise a call or email before the week is over to put their mind at rest.

2) Cost: it really is king

If you are going to be charging the work on hourly rates it makes sense to ensure the client understands that each phone call or email to you will increase their bill. This should both encourage them to think about whether they really need to contact you as often, and reduce the chance of a later dispute erupting over costs that are higher than the client expected.

Think carefully about the terms of your letter of engagement. This is a good opportunity to include a clear explanation of what you will and will not be doing in order to avoid scope creep (see ‘Scope of work’ in the Letters of Engagement Guide).

Of course, one of the worst things you can do is to start under-recording the time you spend on a client. It is an easy temptation to think that this will avoid a difficult conversation about fees further down the line, but all it will really do is increase your own workload, forcing you to spend more time on other matters to reach your time-recording targets. Record all the time you spend on a file in line with your firm’s policies, but be prepared to speak to someone if you think a situation is developing where the fees attached to it will not be recoverable.

3) Timescales: let’s be realistic

There is not much that will inflame a difficult client relationship more than a timescale you fail to adhere to. Telling a client that you will do something today or this week and then not doing so is likely to upset or annoy them.

Focus on giving achievable timescales that will not come back to bite you later, and try to retain what flexibility you can. If circumstances change or an emergency on another file comes along, consider how well you will be able to balance the competing priorities and do not shy away from asking for support from colleagues.

When you see that there is likely to be a delay it is prudent to alert the client in advance, even where there is a temptation not to. Although walking back a timescale that you think you might still  achieve, or might only overshoot by a short period, might seem like incurring unnecessary resentment, the fact that a timescale has had to be specified suggests that the client is already on edge and will not appreciate being kept in the dark. Sometimes it really is easier to ask for permission rather than forgiveness.

4) Escalation: you’re not alone

If you feel that a situation is becoming more than just an irritation and might develop into a complaint or claim, consider speaking to colleagues or a supervisor to get their perspective and advice on strategies. There will always be someone else in the office – or if you are a sole practitioner, someone in your network – who has faced a similar situation. A call to the client from someone more senior or simply less involved in the situation may help to diffuse tensions.

Similarly, if you think you can see a colleague becoming affected by dealing with a demanding or even abusive client, consider stepping in or speaking to a supervisor about it. The colleague may not feel they can escalate the issue themselves or might not have recognised the severity of the situation, but a helping hand may be just what they need and may help to head off a complaint or claim.

5) And finally: don’t take it personally

Difficult or confrontational situations can lead to stress, low self-esteem and even depression, the effects of which can make you less effective at the rest of your job and even affect your wellbeing outwith the workplace. It is important not to consider it a personal failing if you feel a client has become overbearing or unreasonably demanding. Instead, try to keep things in perspective and do not be afraid of asking for help if you think you need it.

There is now a greater focus on employee wellbeing and workplace culture, and support is out there if you need it. In particular, mental health charity LawCare has been offering emotional support, information and training to the UK legal community for 25 years and is highly recommended for the work it does. The Law Society of Scotland also runs its own initiative, Lawscot Wellbeing, an online resource for solicitors run in collaboration with other organisations and providers. Both are worth investigating if you think you need any additional support.

When it comes to managing clients’ expectations, the key takeaway is to consider the place their concerns are coming from and how you can show you understand those concerns, while also managing your own capacity and not allowing things to get out of hand. Where that is becoming too difficult or looks unachievable, never be afraid to ask for help.

Written by the team at Lockton, strategic partner of the Law Society of Scotland