Client Communication: How Much is Too Much?

From the research I have done, including the reading of what seems like every relevant discourse on the subject, client communication seems to be pretty important. Perhaps because so much of my career is weighted in the “pre-solo” spectrum, most of my references lie in that environment. When I worked for my former firm, as one of many, actual client communication seemed to play a much less critical role.

Of course you needed to meet the client, convey to them why they should hire you and explain to them the journey they were about to embark upon. After that, there was a pretty specific protocol as to how many times a client should be called, by whom, and under what circumstances. There were always exceptions to the rules, but for the most part, work was done for the client rather than with the client and for the most part without the client’s ongoing awareness.

Now that I am a solo attorney, my perspective is changing rather quickly. I have developed my “Theory of Client Importance” which simply states that the less clients you have the more important each one becomes. When I signed up my first personal injury client, I would have been happy to have had them move in, join me for dinner and allow me the privilege of running their errands if that is what they desired. So much of my energy was spent wondering if they were happy with me, if they believed I was doing a good job, and given the opportunity, would they hire me again? As one client turned into two and two into a few more, my heightened awareness of each client’s satisfaction level seemed to even out, though the anxiety remained, and does so to this day.

Which leads back to the topic of client communication. As a solo, I have no buffer between me and my clients. I don’t have a partner or associate who I can casually ask to give someone a call and see what they need. In addition to this, I have given most of my early clients my cell phone number in an attempt to demonstrate that I would be there for them any time they needed me. And, believe me when I say that they have needed me, and at every time imaginable. I have yet to decide if this was a “rookie mistake” or just one of the facts of life of being a solo attorney.

Most of my time is fortunately now spent working on my client’s cases, debating with medical record clerks over the term, “timely” and doing my best to bring new clients through the door. Yet, the anxiety of not knowing the proper amount of client contact remains. I know there will come a time when concerns such as this will be “wistful memories of the early days” but for now they are very real, and at times very intrusive. In terms of keeping in touch with my clients, I have yet to figure out what work best.

Perhaps I’ll ask each one to email me once a week just to let me know I’m doing a great job.

NLP: The Technology of Human Communication

I have been studying NLP for several years now. NLP stands for Neuro Linguistic Programming. Though it may sound complex, the basic idea is that as individuals, what we believe is based on what our mind sees rather than what is actually in front of our eyes. Though far too simplistic a definition, NLP study allows one to learn how to effectively communicate, educate, and persuade others with incredible effect. The advantages that this has in the legal arena are obvious. As a trial attorney, I am constantly working to persuade an audience (client, judge, jury) to accept my point of view.

The following description of NLP and the law is from www.DesignedThinking.net, a web site devoted to the study of NLP and its application to lawyers.

“Lawyers are using Neurolinguistic Programming to present their cases to juror, with winning results. The thinking used to be that if a lawyer could present enough evidence in favor of his client, he would be able to win his case. Now most people realize this isn’t always true, as time and time again it’s the ability to tap into the jury’s emotional state that will influence their decision.

Twenty-five years ago a new science in the field of human behavior was born from the success of a therapist who could exert amazing influence over his clients. Since then the development of Neuro Linguistic Programming (NLP) has moved into the fields of human behavior, influencing, persuading and changing how people communicate with each other. Today, NLP is beginning to find a prominent role in our judicial system. Why communicate only with facts and reason when you can tap into the emotional state of jurors just as easily?

Whether choosing perspective jurors, influencing jurors’ decisions, or working with witnesses to overcome their fears on the witness stand, NLP is now one of the cutting edge tools in the field of judicial psychology.”

I have collected an extensive library of NLP titles and the interesting thing is that many of the works have words such as “magic,” “mind-control,” and “illusion” prominently displayed on the cover. Though easy to misinterpret, NLP is not an underhanded method to deceive others, nor is it a “witches brew” concocted to make others act against their will. NLP, rather, allows us to confront our own fears and debilitating illusions that hold us back. In addition, NLP gives us concrete methods by which to touch others and get them to see beyond the limitations of their preexisting beliefs in order to accept sometimes radically new ideas.

All of this is incredibly helpful in the world of legal practice. Ask others to value the importance of effective persuasion for attorneys and the responses will be overwhelmingly “very important.” In today’s competitive environment where every advantage helps, investigating NLP should be on every attorney’s priority list.

Just as we look to the most advanced technological solutions for our computers, phones and other machines to make our practice more effective, it is necessary to go even further. NLP, after all, has been called “the technology of human performance.” When about to stand to offer a closing argument on behalf of a family whose lives have been crushed by tragedy; when their very future hangs on the words you will choose to employ, the effective use of NLP technology can make all the difference.