the whole lawyer: professional communications - how to bridge the communications gap with your...

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The Whole Lawyer: Professional Communication

Seven Steps to Going Solo

Bridge The Communications Gap With Clients

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Instructors

Joshua Lenon• Lawyer in Residence at Clio• Attorney Admitted in New

York• @JoshuaLenon

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Instructors

Alli Gerkman• Director, Educating

Tomorrow's Lawyers• Attorney Admitted in

Colorado• @AlliGerkman

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Agenda

• Foundations for Practice study (15 minutes)• Professional Communications (35 minutes)

–Integrity and trustworthiness–Listen attentively and respectfully–Promptly respond to inquiries and requests–Treat others with courtesy and respect

• Questions (10 minutes)

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FOUNDATIONS FOR PRACTICE STUDY

9© 2016 IAALS – Institute for the Advancement of the American Legal System.

9

Alli GerkmanDirector, Educating Tomorrow’s Lawyers


10

www.foundationsforpractice.com

Twitter: @AlliGerkmanEmail: [email protected]


40%Percentage of 2015 law graduates who did not land full-

time employment requiring bar passage

Credit: ABA Employment Survey



time employment recognizing law degree




time employment (including professional and non-professional)



71%Percentage of third-year law students who believe they

have sufficient skills to practice

Credit: BARBRI, State of the Legal Field Survey


45%Percentage of law professors who believe new lawyers




23%Percentage of practitioners who believe new lawyers




1. Identify the foundations entry-level lawyers need

2. Developmeasurable models of legal education that support those foundations

3. Align market needs with hiring practices to incentivize positive improvements


The number of states that distributed the survey

37


24,137The number of valid responses to the survey


147The number of foundations we asked about


InitiativeIdentify relevant facts, legal issues

Make decisions and deliver results

Conduct and defend depositions

Critically evaluate arguments

Diligence

Integrity and trustworthinessWork as part of a team

Listen attentively and respectfully


Short Term


Short Term

Over Time


Short Term

Over Time

Advantageous


Short Term

Over Time

Advantageous

Not Relevant


77The number of foundations identified as “Necessary in the Short Term” by 50% or more of the respondents


The Whole Lawyer


1. Keep information confidential2. Arrive on time3. Honor commitments4. Integrity and trustworthiness5. Treat others with courtesy and respect6. Listen attentively and respectfully7. Respond promptly8. Diligence9. Strong work ethic10.Attention to detail

11.Conscientiousness 12.Common sense13.Intelligence14.Research the law15.Take individual responsibility16.Emotional regulation/self-control17.Speak professionally18.Strong moral compass19.Write professionally20.Exhibit tact and diplomacy

Foundations for Practice


1. Keep information confidential2. Arrive on time3. Honor commitments4.Integrity and trustworthiness5.Treat others with courtesy and

respect6.Listen attentively and

respectfully7.Respond promptly8. Diligence9. Strong work ethic10.Attention to detail

11.Conscientiousness 12.Common sense13.Intelligence14.Research the law15.Take individual responsibility16.Emotional regulation/self-control17.Speak professionally18.Strong moral compass19.Write professionally20.Exhibit tact and diplomacy

Foundations for Practice


Integrity/Trustworthiness


Integrity/TrustworthinessFirms, 1-10All Respondents


Courtesy and Respect


Courtesy and RespectFirms, 1-10All Respondents


Listen attentively


Listen attentivelyFirms, 1-10All Respondents


Promptly respond


Promptly respondFirms, 1-10All Respondents


40

www.foundationsforpractice.com

Twitter: @AlliGerkmanEmail: [email protected]

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PROFESSIONAL COMMUNICATIONS

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BE TRUSTWORTHY

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Nobody wants to read about the honest lawyer down the street

who does real estate loans and wills.- John Grisham

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What potential clients look for when hiring an attorney

• Rapport• Presentation• Past Results• Perception of competence

• Convenience• Identification• Aggressiveness • Costs• Trust

Source:LawLytics,June 2,2015

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Rule 4.1: Truthfulness in Statements to Others

In the course of representing a client a lawyer shall not knowingly:(a) make a false statement of material fact or law to a third

person; or(b) fail to disclose a material fact to a third person when

disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6 [Confidentiality].

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Lawyers are Somewhat Trusted

80%trustDoctorstotellthetruth

70%trustTeacherstotellthetruth

42%trustLawyerstotellthetruth

Source:UKLegalServicesBoard

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Further Trust Rules

• Rule 3.3 Candor toward the Tribunal• Rule 7.1 Communication Concerning a Lawyer's Services

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LISTEN LIKE A PRO

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Listen like a Pro

Active Listening Steps1. Pay attention2. Show that you’re listening3. Provide Feedback4. Defer judgement5. Respond appropriately

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36 percent of malpractice claims filed between 1997 and 2007 were attributed to miscommunication and delays with clients.

Source:LAWPro

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More than 4,200 communications claims—an average of 711 a year—

were reported to LAWPRO between 2005 and 2010.

The total cost of these claims to date? Roughly $150 million

Source:LAWPro

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Listening to Clients = Revenue

• Only 58% of law firms conduct client feedback.• Firms acting on feedback generate 2.7 times more:

–revenue generation–client retention–year-over-year growth.

Source:BTIConsultingGroup,“FirmsActingonClientFeedbackPerform2.7TimesBetterThanAllOthers,”03/12/2014

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RESPOND PROMPTLY

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Rule 1.4: Communications

(a) A lawyer shall:(1) promptly inform the client of any decision or circumstance with respect to

which the client's informed consent, as defined in Rule 1.0(e), 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 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.

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Rule 1.4: Communications

[1] Reasonable communication between the lawyer and the client is necessary for the client effectively to participate in the representation.

[7] …A lawyer may not withhold information to serve the lawyer's own interest or convenience or the interests or convenience of another person…

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Manage Communication Expectations

As part of client intake, communicate in writing• When you're available, and how to contact you• How soon to expect a response• How to send you information when you're not available

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TREAT OTHERS WITH COURTESY AND RESPECT

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Rule 8.4: Misconduct

(g) engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.

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You don’t have to be rude to be a good lawyer.

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FURTHER RESOURCES

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Further Resources

• 3 Ridiculously Easy Ways to Power Up Client Communications– https://www.clio.com/blog/power-client-communications/

• Listen Like a Lawyer Blog– https://listenlikealawyer.com/

• Clio’s Communication Intake Checklist– In your email follow up

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QUESTIONS

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Thank You

Joshua Lenon

[email protected]

@JoshuaLenon

Linkedin.com/in/joshualenon

1-888-858-2546

Colin McMahon

Linkedin.com/in/colinmcmahonclio

[email protected]

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