Keep talking

A previous column looked at the importance of the initial interview and communicating effectively with clients. However, it is not just at the start of the retainer that there needs to be effective communication; it must be maintained throughout.


Lack of effective communication is not only a cause of claims against solicitors, but it also gives rise to many complaints. Some useful tips for maintaining effective communication include:


  • Getting in first &150; in short, tell the client what is happening, or indeed why nothing has happened before the client feels the need to contact you.



  • Agree a timetable with the client at the outset of the retainer, including how often you will be in touch. Clearly, the nature of the work will dictate the frequency of contact. For example, in a probate matter, monthly communication may suffice, whereas in a matrimonial matter it may be weekly or fortnightly.



  • Ensure the use of plain English when writing to clients. Avoid Latin phrases and jargon. You may be familiar with the terminology, but will the client? Misunderstandings can lead to errors.



  • Use your diary to plan ahead and remind you of the need to update clients.


    • If nothing has happened on a matter, explain why to the client, and what steps are being taken to progress matters. Simply saying, 'I am waiting to hear from the other side', is not always satisfactory.





  • Where appropriate, send copies of third-party correspondence, counsel's and other experts' opinions, and copies of documents to clients. In such cases, it is essential that the accompanying letter explains what the contents of the enclosures mean. For example, never send a lease to a client with the instruction to 'read it and do let me know if you have any queries'. That is what the client is paying you to do.



  • Some firms have a maximum response time for replying to e-mails, letters or returning telephone calls. That is fine provided the responses given are of substance, rather than sent simply to comply with the deadline, as with, for example, 'Thank you for your letter and I shall respond substantively as soon as possible'.



  • If you are communicating with a client verbally, make sure that a record is made of any conversation of substance, either by way of a letter or attendance note. Failure to do this is still commonplace among solicitors and can lead to considerable problems at a later date if a problem arises.



  • If something goes wrong, such as a party withdrawing from a transaction, or an adverse expert's report being received, make sure the client is told as soon as possible and further what steps may be taken to remedy the problem, if any.



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