Law Office Management
Dec. 2, 2009
Getting to the Point
Clients want practical advice, not a legal treatise. Just tell your client what needs to be done.
How we deliver advice to our clients is just as important as how we apply the law. Too many lawyers don't know how to deliver advice, which undermines client confidence. Here are suggestions for delivering legal advice that will demonstrate your worth to clients while simultaneously earning their loyalty. Be responsive. Make sure you understand what your client wants, and when. The right answer to the wrong question is as useless as the right answer delivered a week late. As the general counsel of a major national financial institution once told me, "Eighty percent of the answer on time is better than 100 percent of the answer too late." It's not only that time is money; money is money, and most business people?and their in-house counsel?are comfortable with a little uncertainty. Certainty is usually too expensive, too time-consuming, or just plain illusory. Clients often will take risks based on their counsel's best judgment. Be practical. Understand your client's business and how your advice might be implemented. Only then can you be sure that your advice makes sense in the specific context in which it is given. Failure to think this way will earn you the moniker of "ivory-tower lawyer" and prompt your client to call someone else the next time around. Also, take time to learn about the client's business on your dime, not the client's. Make a clear recommendation. Always give a concisely stated recommendation up front, even if you are presenting various options. State the problem, give the answer, and then explain how you got there. Whether it's over the phone or in person, get straight to your opinion?especially if you disagree with issues or strategies the client wants to pursue. As one in-house lawyer fumed about a firm she no longer uses, "Sometimes an answer is a best guess based on experience, or drawing inferences from case law as opposed to a definitive rule. I get that. But I didn't need a summary of the law. I needed an answer." Skip the memo. Occasionally, a client will want a detailed written analysis, but usually not. So unless you are asked to provide a memo, forget it; just answer the specific question. If you feel the need to protect yourself with something in writing, keep it short. Clients hate being billed for lengthy memos they didn't request. But they may never tell you that; instead, they'll just seek advice elsewhere. When a client does want a memo, keep it focused. I've yet to meet a client who wanted a summary of all the relevant law in response to a particular question. However, I've met several who say that's exactly what they often get. Call out mistakes. No one likes to be told they are wrong, but smart clients value lawyers who tell them when they are. Never forget your duty of fidelity to the rule of law and the canons of ethics, regardless of the passion with which you advocate for your client. Not knowing is O.K. Few things destroy a client's confidence faster than catching you faking an answer. Although having every answer at your fingertips is impressive, often it's better to study the issue and confirm that the law is as you remember it. "Let me think about that and get back to you in an hour (or a few days)" is sometimes a perfectly acceptable answer to a difficult question. Don't be a know-it-all. I suppose there are a few enormously sought-after lawyers who can afford to patronize their clients, but I'm not acquainted with any. Your clients pay your bills, so check your ego at the door and remember that a little respect goes a very long way. Listen to your clients. As lawyers, we are problem solvers. But too often we're not solving the right problem, because we haven't taken the time to listen and understand the client's objectives. I'll leave you with these cautionary words from a senior in-house lawyer at an international retailer: "We will often call outside counsel when we want something very specific, like a gut-check, or when we want to know if we've missed something, or to get a sense of risk. But often we will get a recitation of the law, and a lot of hedging on how risky something might be." The sound advice here is to listen to what your client really wants and tailor your response accordingly. Richard S. Amador, a partner with Sanchez & Amador in Los Angeles, represents corporate clients in employment and business litigation.
Kari Santos
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