Breaking bad news

Managing a client's expectations in relation to a retainer is crucial. Client disappointment as to the outcome of a case, the fees incurred or the length of time taken to complete a matter can all mean trouble. The dissatisfied client is more likely to tell other people about his dissatisfaction with your firm, to complain about the service, or indeed sue.


Particular areas that should be addressed include:


  • Likely timescales. It is very difficult to be precise as to how long it may take to complete the administration of an estate, or settle a litigious matter. Therefore, it follows that you should tell the client this at the first available opportunity. It is a lot easier to break down a transaction into stages and give an indication of how long it may take to complete that particular stage. If timescales change during the transaction, tell the client what has happened and why, and explain the revised time estimate.



  • Cost benefit analysis. Every practitioner has come across the client who wants to pursue his rights as a matter of principle, whatever the cost. That may be the case at the outset of the transaction, but it changes rapidly as fees mount up. The client must be told clearly what the possible outcomes are, and likely costs to reach that outcome. The client's views may change when you explain that getting the neighbour to move a boundary fence six inches may cost £30,000 in legal fees.



  • Unpalatable news. When unpalatable news has to be given to a client - such as there is no cause of action - then the sooner it is imparted, the better. The client may be upset, even annoyed; however, this is infinitely preferable to the client being given the bad news two years later at the door of the court.



    • These examples underline the importance of obtaining all relevant information in relation to client matter as early as possible. The solicitor has to obtain the relevant information to enable him to advise the client who, in turn, can then make an informed decision as to what he wishes to do and instruct the solicitor accordingly. Inadequate information means inadequate instructions, means inadequate advice, means trouble.


    Finally, always remember to confirm advice given, or instructions received, in a letter or attendance note. For those solicitors who still believe that this is unnecessary, there has been a recent case where the judge said: 'If Mr X [solicitor] had done his job properly he would have made attendance notes of his meetings with Mrs Y [client]. He made no such notes, an omission I regard as inexcusable.'


    This column was prepared by AFP Consulting, a division of Alexander Forbes Risk Services UK