Wisconsin Lawyer
Vol. 79, No. 2, February 2006

Treat Clients Respectfully

by D. Michael Guerin

"They may not remember what you said, but they will always remember how you treated them." - Unknown

As you may have sensed from my past columns, I love to read books by authors who make me think about what is really happening in society. A recent favorite is Blink: The Power of Thinking Without Thinking by Malcolm Gladwell, a reporter for The New Yorker.

The premise of Gladwell's book is the concept of "thin-slicing" - the ability of our unconscious minds to see patterns in situations and behavior based on very narrow slices of experience. I was struck by Gladwell's reference to a study of medical malpractice cases. The study concluded that highly skilled and specialized physicians are sued much more often than their lesser-skilled and specialized colleagues. Why? People tend not to sue doctors they like - and they like doctors who take a few extra minutes to really listen to their patients.

In April 2005, the American Bar Association issued a publication profiling legal malpractice claims for the period 2000-2003. Although the profile is filled with data regarding the most common alleged errors, the number of claims by area of practice, and financial issues, it does not - and probably cannot - explain why some lawyers get sued and others do not get sued for the same errors. I firmly believe the reason lies in the same principles discussed in Blink: people don't sue lawyers who they like and who take the extra time to listen and respond.

Bar leaders are often called on to address and enhance the image of lawyers and the perception of lawyers by the public. Although the Bar's branding effort is an excellent model to educate the public about the value lawyers bring to their communities, it will not and cannot succeed unless we as lawyers do whatever we can do to enhance our own image with our own clients.

How? Give your clients an extra minute on the phone. Respond to voice mail and email messages as soon as possible. Be on time for court appearances and appointments. Explain procedures, processes, and what documents "really" mean. If you do so, your clients are less likely to believe that you - rather than bad facts or bad law - are at fault if their claims or defenses are unsuccessful.

That said, there is no avoiding the fact that no matter how much your clients like you, there is always a real possibility of becoming involved in a malpractice claim. I am very concerned by the number of lawyers who do not have legal malpractice insurance, putting not only their practices but also their families' financial stability at risk. Based on discussions I have had with my counterparts and the executive staff of other states' bar associations, this situation is not unique to Wisconsin. I urge all of you who are practicing without insurance to contact the Wisconsin Lawyers Mutual Insurance Company (WILMIC). Formed with the assistance of the State Bar, WILMIC specializes in professional liability insurance for Wisconsin lawyers. You can reach a WILMIC representative at (800) 373-3839 or (608) 288-1866.

Finally, don't forget to make plans now to attend the State Bar 2006 Annual Convention at the Monona Terrace Convention Center in Madison from May 3-5, 2006. The convention provides a wonderful opportunity to meet with other lawyers, to share ideas and concerns, to contact your Board of Governors representatives and other State Bar leaders and officers, and to obtain CLE credits. This year's keynote speaker, Nina Totenburg, legal reporter for National Public Radio, is a dynamic and engaging speaker and her talk is sure to be one of the highlights of this year's event. Visit www.wisbar.org for more information or to register for the State Bar 2006 Annual Convention.

Wisconsin Lawyer