An informed client is a happy client: And a happy lawyer1
Sometimes as a lawyer, it’s easy to fall into the routine of focusing on the work: going to court, legal drafting, filing documents, arguing motions, etc. It can become easy to put client communication on the back burner. However, this must be avoided. As lawyers, we may know that a case is advancing appropriately, but if we do not communicate updates to our clients, they are left to wonder what is going on. In the eyes of the client, silence doesn’t signal diligence. It signals neglect and incompetence.
Let’s take a closer look at what the Michigan Rules of Professional Conduct require and what can happen when lawyers fail to communicate with their clients. Then let’s review some practical strategies to keep clients informed. Lastly, let’s reshape the way we view client communications. Regular client communication should not feel like a chore. You should view it as an opportunity. When done right, it can be easy, it can keep you out of sticky ethical situations, it can improve your client relationships, and it can help your business grow.
THE DUTY TO COMMUNICATE UNDER MRPC 1.4
The Michigan Rules of Professional Conduct make client communication a professional responsibility, not an optional courtesy. MRPC 1.4(a) the following:
A lawyer shall keep a client reasonably informed about the status of a matter and comply promptly with reasonable requests for information. A lawyer shall notify the client promptly of all settlement offers, case evaluations, and proposed plea bargains.
Additionally, MRPC 1.4(b) states that “[a] lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.” To summarize, lawyers must do the following:
- Promptly inform the client of any decision or circumstance requiring the client’s informed consent;
- Reasonably consult with the client about the means by which the client’s objectives are to be accomplished;
- Keep the client reasonably informed about the status of the matter;
- Promptly comply with reasonable requests for information; and
- Consult with the client about any relevant limitation on the lawyer’s conduct.
This can require you to explain complex legal issues in an easy-to-understand way. As lawyers, we are communicators. A major part of our job is to advise our clients and communicate with them about their legal options. This is why clients hire us: for our expertise and guidance. Communicating that advice and guidance should always be a priority at every stage of the case. You should think about communication with clients at each stage of the representation. How are you currently communicating with clients when they are welcomed as new clients, during the representation process, and when you conclude their legal matters? For each stage, craftstandard communications that can be easily modified.
Your clients shouldn’t be left guessing about their legal matters. Whether it’s a status update on discovery, the outcome of a motion, or the implications of a legal strategy, MRPC 1.4 requires timely, clear, and consistent communication during the entire course of representation.
WHEN SILENCE BECOMES A PROBLEM
When lawyers fail to communicate, there can be severe consequences ethically, professionally, and financially. Common problems that arise from poor client communication include the following:
DISCIPLINARY COMPLAINTS
Lack of communication is one of the most common reasons why clients file grievances, and it is one of the most common types of misconduct that results in public discipline. In fact, the 2022 State of Michigan Attorney Discipline Board Annual Report identified client neglect, which includes violations of MRPC 1.4, as the largest category of attorney misconduct.2 Of formal complaints that resulted in some form of discipline, 39 involved violations of MRPC 1.4(a) or MRPC1.4(b).3
LOSS OF CLIENT TRUST
Even when a grievance is not filed, lack of communication diminishes client trust and confidence. Clients often equate silence with neglect. Clients hire lawyers to help with sensitive legal matters: divorce, personal injury, real estate matters, criminal defense, and business disputes. The client is relying on you as a lawyer to guide them through a difficult, often complex, situation. Without regular communication, clients are left to wonder if their legal matter is being neglected and whether their interests are being protected.
NEGATIVE FINANCIAL CONSEQUENCES
Have you ever lost a client due to poor communication? Clients who feel ignored may seek other counsel or refuse to pay legal bills, and these factors impact your firm’s bottom line. Think about how much time, energy, and resources you invest in acquiring new clients. Don’t squander your efforts because you have not thought through how to deliver regular updates. A client lost because of poor communication is almost always preventable.
BAD REVIEWS
Have you ever received a bad review that mentions poor communication? Dissatisfied clients are often the most vocal. Once the review is posted, your reputation is tarnished, and this can impact your law firm’s revenue. A recent study showed that as many as 98% of consumers rely on reviews to inform their purchase decision, with some consumers listing them as the number one factor.4 As a lawyer, you have an ethical duty to keep your clients informed. But also, as a law firm owner, you can’t afford to have your law firm branded negatively by dissatisfied clients. You can’t prevent every bad review, but you can minimize certain types of bad reviews through regular communication. As a reminder, in general, it is permissible to respond to negative reviews online, but you generally cannot disclose confidential information in response to online reviews and, therefore, must be extremely careful in responding.5
TIPS TO COMPLY WITH ETHICAL RULES AND KEEP YOU, YOUR STAFF, AND YOUR CLIENTS HAPPY
Failing to properly communicate with our clients can have many negative consequences. The good news is that good communication, when done correctly, can lead to many positive things in your practice. Here are some practical solutions to improve client communication in your practice.
SET EXPECTATIONS EARLY
Start by establishing a communication policy at the very beginning of your representation. Let clients know you will contact them and how often they can expect updates. Establish what types of communications are billable and how clients can reach you in emergencies. Putting these things in your engagement letter or discussing the communication schedule helps avoid misunderstandings. The best practice is to communicate these policies in writing to avoid confusion and to allow you to reference them later if a dispute arises. Discussing the fee arrangement may also be necessary to fulfill your obligations under MRPC 1.5(b), which states that “[w]hen the lawyer has not regularly represented the client, the basis or rate of the fee shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation.”
USE TEMPLATES FOR ROUTINE UPDATES
Not every update needs to be crafted from scratch. Create email templates for common milestones like “Complaint Filed,” “Discovery in Progress,” or “Mediation Scheduled.” These can be customized swiftly and go a long way toward keeping clients updated. Or consider using AI tools to help you craft first drafts of communications. If you do choose to utilize AI, be sure to proofread the draft thoroughly to ensure accuracy, and also make sure that your usage of AI complies with your other ethical obligations like your duty of confidentiality.6
DELEGATE STRATEGICALLY AND THOUGHTFULLY
Train paralegals or support staff to provide certain types of updates under your supervision. Clients often just want reassurance that something is happening. A five-minute call from your assistant may make all the difference and save you the time of a much longer call at some point in the future. Just make sure you fulfill your ethical obligations as a supervising attorney and that you avoid any unauthorized practice of law concerns.7
SCHEDULE COMMUNICATION AS A TASK
Use your case management system or calendar to set reminders for regular check-ins with each client, even if there’s no major development. A simple “just checking in” message every so often can maintain rapport and prevent grievances. A simple phone call or email demonstrates to the client that you are attentive. Moreover, proactive communications are often better received than reactive communications.
SET ASIDE TIME EXCLUSIVELY DEDICATED TO CLIENT COMMUNICATION
Sometimes, lawyers postpone call backs because they feel that other things take priority. Scheduling time each week for calls and correspondence can help manage your time and improve the level of communication provided. For example, let clients know that you schedule 10-15 minute status calls each Wednesday afternoon. This conditions you to make calls during this timeframe and conditions the client to know when they can schedule time with you. You can even send clients a link to your calendar, making the scheduling process effortless. This manages your time efficiently and makes your clients feel that you are accessible. Software such as Calendly is affordable and easy to implement. If you are sending access to your calendar for scheduling purposes, make sure you and your staff do not inadvertently share the names of other clients or legal matters you may be handling.
CONSIDER USING ZOOM CALLS
Video conference calls create a scheduled beginning and end to the meeting. This way, you do not get “stuck” on a call. The Zoom call also allows you to have a better read on your client’s understanding of the conversation. You may be explaining complicated legal issues. Having the ability to see your client’s reactions can help you gauge their level of understanding and whether additional explanation is warranted. Even if you do the majority of the updates via phone or Zoom, it is advisable to also send a summary email, especially for major developments. That way, clients have a written record of major details they can look back to, and you have proof that you provided an update if the client later claims that you did not.
TAKE CREDIT FOR WHAT YOU HAVE DONE
Being a lawyer can sometimes be a thankless job. You know how hard you are working for clients. Why not let them know, too? When you complete something on a client’s case, call and tell them. By doing so, you are fulfilling your ethical responsibility, and they will likely be grateful for the update. You may even get a thank you.
ONE OUTBOUND CALL CAN PREVENT TWO INCOMING CALLS
Sometimes, returning calls can feel like a chore, especially when it interrupts your day. Reducing unplanned calls can reduce your reluctance to promptly return a client call. We have all experienced the client who calls multiple times a day. Each time they call, their level of frustration increases. By the time you are finally able to take or return the call, tempers have heightened. Regularly scheduled, outbound or status calls to your clients can eliminate, or drastically reduce, this type of occurrence. Avoiding these situations saves time and frustration for you and your staff.
JUST MAKE THE CALL, EVEN WHEN IT IS BAD NEWS
Delivering bad news is never easy. As attorneys, we sometimes have to relay disappointing news. Perhaps there was an adverse ruling, or a deposition did not go as planned. A natural reaction may be to delay reporting unfortunate outcomes. However, postponing these types of conversations never makes it easier. Just make the call. Be even and direct. Most times, the call will go better than what you had envisioned.
CONCLUSION: COMMUNICATION AS A CORNERSTONE OF PRACTICE
All too often, attorneys view communication as a secondary task or a chore. View regular communication with your clients as an opportunity to build relationships. Regular communication builds trust, prevents complaints, and benefits your bottom line. Plus, you will be surprised how grateful most clients are when you keep them informed.