Mark Slate of the Slate Law Offices in Markesan posted a simple enough question to his fellow lawyers on an email exchange: “How do attorneys handle the daily phone calls from past, current and prospective clients?’
Even with a staff to assist, Slate explained that these calls, averaging five minutes, add up to a significant part of his day and that doesn’t even count the time spent pulling a client’s file or referencing something. Slate said he uses a flat fee for estate planning rather than a billable hour so that he cannot charge his clients for it.
“I know some of the phone management tips, such as returning calls at a certain time, or having staff return some calls -- but it seems they always want to talk to the attorney. Does anyone have an answer to this time management issue?” Slate wrote to his colleagues.
The responses were varied and plenty.
Carefully structure your services within a flat fee
Elizabeth Gamsky of Rich & Associates, S.C., in Plymouth said that she is careful to itemize for the client all the work that comes within her flat fee, including the initial consultation and a one-hour follow-up meeting to review and sign documents.
“But then it’s the client’s turn to be efficient,” Gamsky said, explaining that she will bill by the hour for questions beyond the hour consultation and revisions that are not on account of her own oversights.
Bob Hagness of the Hagness Law Office in Mondovi suggested looking at the percentage of past clients likely to ask about their estate plans in a given year and then determine what amount should be incorporated into the flat fee for this future service. An attorney can then invite the client’s input at a future time.
“In structuring future contacts from past clients, I would much rather include in my current fee a half-hour future conference, in-person, knowing that appointments are typically scheduled for a time of mutual convenience, while incoming phone calls are almost always a distraction and an interruption, for me anyway,” Hagness said.
Regarding calls from current clients, Hagness said that a lawyer might send a letter confirming choices made in the representation so that the client does not have to remember so much and consequently won’t have to call as often.
“Clients believe in paying for paper, much more acceptable to them than paying for the intangibles that are most lawyers' best services,” Hagness said.
“As for current clients wishing to change their minds on something being drafted, and if not a small matter, I'd rather meet with them,” Hagness continued. “Your fee agreement can indicate that extra meetings have extra costs.”
Use innovative communication tools
“[T]hrough the right marketing, I can head off many of these questions and turn them into opportunities,” said Jeffrey S. Krause, a legal technology consultant with Krause Practice Management, LLC, in Waterford.
“First, I try to keep my website updated with content that answers many of the questions,” Krause said. “Second, I send out a monthly (ok, maybe semi-monthly) email newsletter that discusses recent trends in legal technology. Links in the newsletter point to pages on my website. The idea here is to anticipate the questions that people may call me with. What I have found is that fewer people call with these general questions and, if they do, they already have much of the information in hand and are ready to buy.
“If done right, the fact that you are marketing while you do this should bring in higher quality calls and more of them,” Krause added. “ In your case, the calls might change from ‘Do you have a few minutes to answer some questions?’ to ‘I read your newsletter about the changes to the tax law and would like to update my estate plan accordingly.’”
An efficient staff
Julianne Barker of the Barker Law Office, LLC, in Hillsboro credits an office procedure she created so that an assistant can acquire enough information from callers that she can find the most promising ones to follow up on.
“We have an intake sheet that is filled out with every call, and then retained with notes about what we did with them (did I call back, did my assistant, etc.),” Barker explained. “As far as existing clients’ calls, I too view them as marketing opportunities and feel it is my responsibility to control how much of my time is spent on them.”
Barker also suggested that where a lawyer practices can make a difference in handling phone calls.
“I’m in a small town and maybe that’s different, but I find that once I have done work for someone, I am their lawyer for anything else in their lives,” she said. “So many of those calls result in either new work or at least good will when I answer a few questions or I refer them to a lawyer who can handle any issues that I can’t.”
Set limits
Nick Zales of the Zales Law Office in Milwaukee said he rarely charges clients for their calls because “keeping track of three and five minute conversations is a waste of my time and mental resources.”
Zales added that “clients love that they can call me for free and as long as they don’t abuse it, and they rarely do, it works.”
When a prospective client calls, Zales said he can be “harsh.” “If I don't like what I hear in the first minute of the conversation I politely say goodbye and hang up. There are time wasters out there and if I don't enjoy talking to them in the first minute I doubt I would enjoy having them as a client,” he said.
Alex De Grand is the legal writer for the State Bar of Wisconsin.
The preceding discussion occurred on the Practice 411 elist. An elist is an open email exchange among members on topics relevant to the law section hosting the forum. To find an elist particular to your area of law, visit the State Bar website.
