Client relations

This is the first in a series of regular articles from the Client Relations Office (‘CRO’), which will supplement the Client Relations Roadshows. The aim of this series is to promote best practice to help practitioners to keep their clients happy or deal constructively with the minority who become dissatisfied.

Communication (or the lack of it) is a common thread that runs through virtually every case seen by the CRO, even if it is not the primary cause of the complaint. It’s so easy to upset a client, by something as simple as failing to return phone calls or letters; this is a small thing in organisational terms but is vitally important to clients. Other causes of complaints about communication concern not keeping clients informed of progress, delaying in dealing with matters, misleading clients or giving inaccurate or incomplete information.  

Often, though, investigation of a complaint reveals that these kinds of problems are ones of perception rather than of reality.  The client has not been informed of progress – because there was none! It can seem that you are delaying matters, when the delay is in fact caused by someone else – you are waiting for another solicitor (or some other body) to progress the matter.  In either case, the client should be kept informed by a short letter or a telephone call simply noting that the file has been reviewed and updating them on the present position.  The file should, of course, be reviewed regularly in any event; but the client does not know that is happening unless he< is told!

Code of Conduct

The Code of Conduct for Scottish Solicitors deals with the obligation to communicate effectively as part of the wider duty to provide adequate professional service. There are a number of related issues concerning ‘communication’, and paragraph 5(e) of the Code is worth reading by way of a reminder, but the crux of the matter is really summed up in this passage: “Solicitors are required to try to ensure that their communications with their clients and others on behalf of their clients are effective. This includes providing clients with relevant information regarding the matter in hand and the actions taken on their behalf”.

Solicitors have always imposed upon themselves, through their code of professional ethics, high standards of professional conduct and of service to their clients. The code is simply the latest manifestation of these standards; but it is important to remember that client expectations grow to reflect what they know is available in the modern technological age. A few years ago, the fax was the new technology; now the Internet and e-mail are commonplace.

Complaints about failing to communicate effectively are usually treated as allegations of ‘inadequate professional service’, but persistent or serious failures of communication can lead to allegations of professional misconduct. Unless the allegation is clearly so serious as to raise an issue of professional conduct, the CRO always encourages conciliation between the solicitor and client. Many complaints about communication are resolved in this way and the CRO believes that there is scope for more complaints to be conciliated.

Keep in Contact

However, many complaints about communication can be avoided altogether by keeping in regular contact with clients, letting them know how their transaction or case is progressing, and returning their calls and letters promptly. It doesn’t have to be the solicitor dealing with the case who calls the client each time, but someone from the office who can give an accurate up-date or find out what the client’s query is and get back to them.

The majority of complaints start out as minor grievances which practitioners should take seriously and attempt to resolve quickly to everyone’s satisfaction. An apology and assurance, followed by an explanation of what went wrong (if appropriate) is often enough.

If the criticism is not accepted, then an explanation of why not can be offered tactfully. For example, “Did you get the message we left on your answering machine yesterday afternoon?” Being precise about timings and having copy letters can help appease and reassure disgruntled clients (and strengthen your case in the event of a formal complaint).  

Record Keeping

That brings me to the question of record-keeping.  It really is worth the effort to make a record of all action taken. Often, it need not be more than a few hand-written words; sometimes it involves writing a letter confirming instructions received or action taken. Either way, it is worth the effort because it removes (or substantially reduces) the potential for conflict later.  

You might think there is no possible misunderstanding as to the instructions you have just received orally from your client, but the client’s recollection and yours might differ – especially when (several months or years later) the client is dissatisfied with the final result.

Finally, what do you do if a formal complaint is made?  Be realistic and pragmatic about trying to deal with the matter by conciliation. Of course, you should stand your ground if you are convinced that the service you provided was as good as you would hope that you always give.  But we are all fallible; if the service you provided was not good enough, a modest abatement of fees (or an ex gratia payment of compensation) will cost you less than the time you will spend dealing with a formal investigation and determination of the complaint. More importantly, if the matter can be dealt with quickly and by agreement, you might even keep the client’s business in the medium and long term.

Communicate effectively; communicate promptly; keep a record – good client relations is as simple as that.