As lawyers, we are ethically bound to act as advisors and advocates for our clients. We give them an informed understanding of their legal rights and obligations. When we advocate, we zealously assert the client’s position under the rules of the adversary system.
Successful client management requires a commitment to communication, transparency and diligence within your firm and with the client. It doesn’t happen without deliberate planning and forethought. Every firm needs established policies and protocols that outline expectations from all parties for successful representation.
We used the team approach to client case management and have done so since our firm’s inception 50 years ago. We surround each client with investigators, researchers, paralegals and attorneys working with them on defense strategies. The client is at the center of this team, and they benefit from understanding the depth of resources being applied to resolving the case.
In The Beginning
Clear communication is essential from the get-go, as is a commitment to timely follow-through. Issues related to communications and diligence are two of the most common bar complaints. We are bound to keep our clients reasonably informed about their case status, promptly comply with reasonable requests for information and be clear about relevant limitations when clients expect assistance not permitted by the Rules of Professional Conduct or other laws.
A client needs sufficient information to participate intelligently in decisions concerning representation and how they will be involved to the extent the client is willing and able to do so. Making regular communication a priority creates efficiencies and removes the incentive for clients to reach out to opposing parties or the court themselves.
Diligence requires that we pursue matters on behalf of a client despite opposition, obstruction or personal inconvenience. We are not bound, however, to press for every advantage that might be realized for a client.
First Impressions Do Matter
The more clients and their support systems understand how you work, the more active they can be in the case. The process starts with the initial consultation—one of the most important meetings.
- You’re making a first impression,
- Setting expectations for representation,
- Educating new clients on what to expect, and
- Ensuring the client’s expectations are grounded in reality.
During initial consults, identify the people allowed to speak with you regarding the case. Clearly outline the client’s responsibilities and how they can take an active role in the process, all the way down to how they should dress in court.
We create informational packets for every new client that include the firm's background and history, the attorneys' credentials and accolades and an outline of what to expect at every phase of the case. Most people shy away from talking about money, but it’s essential to outline billing procedures, how you’re paid and when so there are no issues regarding payment that pull time away from the legal matter at hand.
Building A Bridge to Trust
During the initial consultation, the goal is to establish trust so clients listen to your counsel and take the right actions. Trust is earned over time, but some principles escalate the process.
- Delivering on promises and deadlines,
- Sharing experiences and positive outcomes you’ve had with similar cases,
- Being compassionate and empathetic,
- Actively listening and answering questions,
- Respecting the influencers around your client and the power they hold, and
- Explaining the legal situation and establishing an agreed-upon strategy for approaching the case.
It’s essential to educate clients on the environment in which they will appear—the judge, court officers, possibly the media and those who support or would condemn them sitting in proximity. The wheels of justice can sometimes turn slowly, but if your client understands the process, it reduces anxiety and helps them maintain emotional control.
- Establish Client Control
- Give them things over which they do have control,
- Establish your position as an ally, not the enemy,
- Let them see you have a legal side and a human side, and
- Create accountability and commitment to follow through.
Common Barriers to Effective Client Management
- The environment in which the client was raised and their influencers,
- Lack of communication,
- Inability, or refusal, to understand the process,
- Substance abuse issues,
- Mental health challenges,
- Barriers created by lack of education and
- Media and social media.
Regular check-ins are imperative throughout the case life cycle to ensure clients do what you need, inform them about significant hearings and rulings and prepare them for what comes next. Not managing your client relationships can lead to a litany of issues.
- Bar complaints—remember communication and diligence are the most common,
- Lost business,
- Hostility from the client and influencers that social media can magnify and
- Loss of trust in your ability to represent.
By following these principles, you can improve your client management skills and build strong relationships with your clients. In addition:
- Use technology to your advantage. Several software programs and tools can help you with case management, securely store sensitive information, track communications and send automated reminders and updates.
- Get client feedback. This can help you identify areas for improving your client management skills. You can get feedback from clients through surveys, interviews or by asking them directly.
- Invest in training and development. There are a multitude of training programs and courses that can help you improve client management skills.
Communication, transparency and diligence will serve you well in managing client relationships. Remember, you are the captain. You provide direction and leadership to those seeking your counsel during the most difficult times in their lives.
Joseph S. Passanise is the managing partner of Wampler & Passanise. He graduated from Washburn University School of Law and has been practicing criminal defense for over 25 years. The Best Lawyers in America® has recognized Passanise for the past 17 years in Criminal Defense: White-Collar and Criminal Defense: General Practice, and he is a Fellow of the American Board of Criminal Lawyers and a Top 100 Trial Lawyer with National Trial Lawyers.
Taylon Sumners-Schwartz joined Wampler & Passanise as an associate attorney in 2020 after graduating from Washburn University School of Law. She has been with the firm since 2015, working as a Legal Assistant while attending law school. Sumners-Schwartz has been recognized in Best Lawyers: One to Watch® in America for the past two years in Criminal Law: White-Collar and a Top 10 Under 40 in Missouri by the National Academy of Criminal Defense Attorneys.
