State Bar of Wisconsin

How we practice in Wisconsin: It’s not just what you say, but how often you say it

How much is too much when it comes to sending client letters that repeat what you have already communicated? A recent query posted on the Practice 411 email list drew a variety of helpful responses from Wisconsin attorneys.

Michael J Ableidinger of Ableidinger Law, LLC advised that it is best to ask the client “how much and what kind of communication” he or she would like. “I have some clients that want me to ‘just get it done’ and not be bothered on a daily basis and then I have clients that want to talk every five minutes,” he writes. “You also need to be very up front with your clients about when they are being billed” for communication.

Sending a letter outlining the situation when a client has decided not to take your advice also is a prudent move. “The more experience you get the better you will become at identifying those times, but at a minimum I usually send a quick follow-up letter to clients when they chose to take a different course than what I have advised them to do,” adds Ableidinger, who practices in Waunakee.

Jennifer Lee Edmondson of Edmondson Law Office in Appleton recommends “erring on the side of caution” and writing that  follow-up letter.  She also advises developing a “check list” of what to include in such letters.  “At minimum, keep very good notes for your own file to itemize what you told your client,” she adds.

It’s better to communicate too much than too little, believes Wisconsin attorney Ron Phillips. “When I meet with my clients, I let them know that I will send them pretty much anything concerning their matter to keep them informed. I also tell them that when action on their part is expected, there will be a cover letter explaining what is needed. Otherwise, they get a copy of the letter /email / etc with a big ‘COPY’ stamped on it. Then they know this is just FYI, and they can call me with any questions.”

Attorney Jim Morrison also uses stamps for mailings to clients. One says “client information only no response required” and another says “please review and contact me.” He adds, “I always tell my clients that they should review what they receive from us because sometimes they see things that we miss.”

Remember to tell clients that unnecessary charges can be avoided if they keep your letters instead of calling for frequent updates, suggests Robert Hagness of Hagness Law Office in Mondovi. “Once you casually mention that clients should not want to get bills for
$25-$50 or more for a phone call that isn't really important, they get the point.”

He ends each client letter “with a paragraph saying what will happen next, and when, or what it depends upon.” “A file memo does the same thing, but clients pay for communication more readily than for memos to a file,” he adds.

Finally, we note that Supreme Court Rule 20:1.4 on “Communication” says a lawyer in this state shall, “(1) Promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in SCR 20:1.0(f), is required by these rules; (2) reasonably consult with the client about the means by which the client's objectives are to be accomplished; (3) keep the client reasonably informed about the status of the matter; (4) promptly comply with reasonable requests by the client for information; and (5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.”
The rule also requires a lawyer to “explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.”

As the General Practice Section of the State Bar noted in a discussion of the rule in the Section’s Spring 2009 newsletter, the “key concept is reasonableness.” Setting office procedures – such as marking client letters as suggested by the practitioners above – and “rules of thumb” such as returning client calls within 24 hours also are important.