Risk and Practice Management
Communication
Resist Management-by-Email
It's easy to fall into the habit of directing staff via email, whether in the next office or from your Blackberry. However, it just can't replace face-to-face human interaction. The ABA Legal Technology Resource Center reports that a survey published in the Journal of Personality and Social Psychology (also reported in Wired, the Independent, and elsewhere) shows that people correctly interpret the tone of an email only 50% of the time. However, people think they've interpreted tone correctly 80% of the time, and senders believe they have conveyed their intended tone 90% of the time. The sender can hear his intended tone in his head, while the receiver interprets the message according to myriad factors, such as mood or previous experience. So be careful when you're assigning tasks. Get up and walk around once in a while. Communicate. Show your smiling face to others. It will make a difference.
Resist Communicating with Clients via Work Email!
You may lose privilege in a hurry by communicating with clients at work, especially if they are using their work email address. Remember that employers have the right to monitor employees email. Many employees have agreed that they will not use their computers for personal purposes and acknowledged that employers have the right to monitor them. The most cautious attorneys advise clients to write only from home and using a personal email address.
Written Email and Cell Phone Policies Prevent Problems
Draft a written email policy for clients to clarify the use of e-mail in your attorney-client relationship. The written policy is meant to control the client’s expectations and set forth how you deal with email. In today’s fast-moving world of almost instant communication, clients are expecting immediate answers to emails. Despite the client’s expectations, such e-mails may require thought and, possibly, research. If your client understands that you may take several days to respond to an important email, the client will not become impatient waiting for you to respond. The client should also be made aware of the non-confidential nature of email and cell phone conversations and should specifically authorize you to communicate in this manner. Include this authorization in your retainer agreement. Sample wording includes:
Notwithstanding our diligence, we cannot guarantee the security of communications via the internet, or via cellular communication. Your signature on the within agreement constitutes your consent for us to exchange information electronically.
I authorize communication by email: _____________ (client initials)
I authorize communication by cell phone: ______________ (client initials)
Survey Software for Client Surveys
Various programs and free services allow you to survey clients, colleagues, or focus groups regarding various items. Whether it is a client service survey, a query regarding a planned change in firm practice, or a needs assessment, these tools can assist you in collecting, organizing, and ranking information collected. Check out www.vovici.com and www.surveymonkey.com.
Multiple E-mail Addresses
Use several different email addresses for different functions and roles. For instance, a Yahoo address can be used for email related to volunteer work, or a Gmail address for customer notices and offers. Another address can be used for listserv sign ups. This will save your email inbox from the clutter that comes with certain activities. Bear in mind, however, that whatever email address you use to send mail likely will be the one captured by the recipient for getting back in touch with you. So don’t send messages from your office account to recipients that you don’t want to have your office address.
Email Etiquette
As email becomes the primary form of business communication, we need to remember some basic rules to avoid getting to sloppy: Include a descriptive subject line; add a personal salutation; use full sentence structure proper grammar; check your spelling; add a proper closing, such as TIA, Sincerely, etc.; remove old signatures and unnecessary clutter. Taking just a few extra seconds will payoff with improved relations with clients, opposing counsel, new acquaintances, and potential new clients. You’re asking folks to pay serious money for your services – make sure you send e-mail that appear as professional as the letters you send!
Return Phone Calls on a Timely Basis
Be prompt in returning your calls. It keeps your client happy. A happy client is much less likely to sue his or her lawyer. Train your clients to always leave the return numbers whenever they leave a message. Document in your file details of the conversation, including all instructions received and advice given. You may want to consider using voice recognition software such as Dragon NaturallySpeaking to help you in documenting your file.