Trial Magazine

After representing plaintiffs in legal malpractice cases for 13 years, I’ve identified trends that frequently lead to state bar complaints and malpractice actions. One of the most common issues is infrequent or minimal communication with clients.

To prevent this from snowballing into a complaint, I have made it my practice—and my firm’s practice—to follow certain policies at the outset of the attorney-client relationship:

1. Make one attorney the “point person” on each file, but also make sure the client is familiar with multiple ­attorneys in case the point person is unavailable.
2. Set parameters for when messages will be returned. I tell my clients that I or another attorney will respond to them within 24 hours. That way, they do not expect me to be on call 24/7.
3. Do not give out your cellphone number. If you do, set boundaries, such as certain times clients may call you. I have declined clients’ calls to my cellphone early on the weekend for a nonemergency situation.
4. Do not text with your clients. It is difficult to keep track of and save those messages.
5. Answer client emails only a few times a day. You’ll be more productive, and it also prevents clients from engaging you in a back-and-forth dialogue over email that is better suited to a conversation.
6. Provide clients with all court orders and all documents filed with the court. Do this promptly, and explain what they mean.
7. If you have a bad outcome, promptly report it to your client. Nothing positive is gained from withholding that information.

Adherence to this list will help your clients understand up front how to communicate with you. That, in turn, will foster a positive attorney-client relationship.

Jefferey Ogden Katz is a member with The Patterson Law Firm in Chicago. He can be reached at jkatz@pattersonlawfirm.com.