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  • Inside Track
    September 04, 2019

    Dealing with Difficult Clients: Communication Strategies are the Key

    Sept. 4, 2019 – Lawyers deal with an array of legal problems and issues, as well as a broad spectrum of clients, including individuals and businesses. Clients also include internal colleagues, such as law firm partners. Sometimes, clients are difficult.

    “Over-communication is a tool that I have found to handle people who want consistent updates, or just don’t have a great understanding of what legal services you provide,” said Noelle Granitz, an associate at Quarles & Brady LLP in Milwaukee.

    Granitz says she is proactive about providing updates via email or phone. “Sometimes you’ll have difficult clients who are checking in with you every day, looking for an update,” said Granitz. “As legal practitioners, we know things don’t get done in a day.”

    For instance, you may be waiting on the other party to review a document, or you are waiting for feedback on an assignment. “Over-communicating the process to them right off the bat is super helpful for managing their expectations,” Granitz said.

    Granitz says being proactive about updates, even if there are none, lets clients know the matter is on your radar. Another technique is managing your own expectations.

    Derek Hawkins is an in-house counsel at Harley Davidson Motor Company. “The way I manage expectations, for myself, is making sure that I set very clear deadlines for myself … to make sure my clients understand what I can and can’t get done.

    “What I don’t want to do is set myself up for failure by letting my client think that I can get to something quicker than I really can.” Hawkins says creating a buffer zone gives him room to finish projects and deliver them to clients within the expected time frame.

    Interested in More on Communicating with Clients?

    Check out the schedule for the upcoming Wisconsin Solo and Small Firm Conference, Oct. 24-26, in Wisconsin Dells.

    One program, “Motivating Communication: How to Get People to Talk More About What Matters Most, will discuss client communication techniques.

    Hawkins, previously in private practice, said he would use the client engagement letter to help manage client expectations on regular communication. “They would know when the communication would be coming, based on the time tables,” he said. Managing expectations early “sets the boundaries” for the entire client relationship, he noted.

    Makda Fessahaye, who works for the Wisconsin Department of Corrections, says documentation is an important aspect of managing client relations.

    “One of the things I learned early in working with the Department was that I needed to document my legal advice, either via email, in memos, briefs, etc.,” she said.

    Documentation helped protect herself “but also the Department, so the Department knew the legal risks that were in place before certain decisions were made.”

    Fessahaye, who started as legal counsel and now works in administration, says if something occurs that was against the legal advice that was provided, the lawyer can go back to the documentation to show that such legal advice was provided.

    What if a client wants something done immediately?

    “For me, I communicate back to the client and tell them exactly what steps are required for me to complete the legal work they asked for,” said Granitz. “I find that explaining that to the client is really helpful so the client understands what my legal services entail.”

    Granitz always ends by introducing a more reasonable time frame for completing the work. “Once clients understand what is required, I typically find that they are agreeable to a more reasonable timeline.”

    You Might Also be Interested in …

    The Art of Communication: Neuroscience and the Law – Wisconsin Lawyer (forthcoming, September 2019)

    Advances in neuroscientific research have improved understanding of how humans communicate, including within the framework of the law. Here’s how to improve interactions with clients and reduce the risk of miscommunication and misunderstanding that might lead to poor legal outcomes.

    Difficult Clients: When to Draw the Line – Wisconsin Lawyer​ (forthcoming, September 2019)

    Derek Hawkins believes thinking “the client is always right” is one of the most dangerous philosophies a lawyer can adopt. Identifying problem clients early can help maintain profitability and satisfaction in the practice of law.



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