Deflecting the flak

Peter Carter-Ruck laments the negative image of solicitors in the media and presents his four-step plan to improve communication with clients

In a recent Law Society President's column, 'Responsible action' (see [2000] Gazette, 28 September, 22), Michael Napier expressed the opinion that the level of complaints against solicitors indicated that too many firms regarded a fee-earner service to clients as secondary to turnover.

I agree with that view.

It is clear that the profession has a daunting task to counter the media interest and public appetite for news of adversity as opposed to good news.

We live in an age of negative journalism, where the reporting of crime, the criticism of the medical and legal professions, the judiciary and politicians attracts a disproportionate amount of newspaper space.

It is of increasing importance that solicitors turn their attention to the elimination of complaints, which almost invariably arise as a result of inefficiency, lack of a sense of urgency, and obliviousness to the worries of clients.To counter this adverse publicity, the public relations activities the legal profession should surely turn to involve gaining publicity for the many complimentary letters which solicitors so often receive.To eliminate the possibility of complaints, there are four main factors to take into account.

First, the importance of keeping the client informed.

Too often the solicitor does his work well but, when the client writes to ask whether there is any news, will be inclined to reply that he has nothing further to report.However, in litigation, the client will want to know that there have been no developments and, in conveyancing, that the solicitor is pressing for a response to enquiries.

Second, a quick response.

I have read that it is recommended that no letter should take more than 21 days to answer.

I would regard five days as the upper-limit of the time it should take at least to send an acknowledgment.

In the case of the introduction of a matter over the telephone, the solicitor's response, if possible, should be within two or three hours, either by the solicitor or his secretary.

Third, good organisation is the key to the elimination of complaints.

Always make a note in a diary or on screen of every call that comes in - if not answered forthwith - and note the telephone number, and do not delete it until the call has been dealt with.

Even though the client says he will telephone later if the solicitor has been engaged, do not rely on that - make a return call anyway.

Finally, to eliminate irritation, do not write to a client reporting the developments in a matter and simply ask for instructions.

The client has come to you for advice.This is a point which I have frequently had to draw to the attention of trainees.

They are inclined to write a well-researched letter, reporting on developments in detail and ending with a request for instructions but containing no advice which, after all, is why the client has come to a lawyer in the first place.

So much for the elimination of complaints - when do we ever see any reports in the newspapers or magazines of appreciation for the satisfactory services rendered by solicitors? I recently asked several firms whether they could give me a selection of letters of appreciation for services rendered to their clients - and they provided some.

I suspect that we shall see no reference to this positive fact inthe national press.

Indeed, I remember when I had been posted 'missing at sea' during the Channel storm of 1956.

On reaching port safely, I telephoned The Times and asked whether it would kindly report this.The editors declined, as they said it was not news, so even then negative news took priority over what most people would have regarded as positive news.Peter Carter-Ruck is a solicitor and a media and trust consultant