How firms handle new instructions from the outset is crucial in the current climate.

A key test of efficient legal practice management is whether the firm has installed competent systems for handling new business.In the old days, the receptionist was often the sole filter for new instructions.

Occasionally the client was put through to the right fee-earner, but often the client was allocated to whichever fee-earner was unlucky enough to respond to the receptionist's urgent pleas for someone to grasp the nettle and speak to the client.

Sometimes, as the potential client was left holding on, he or she heard a reluctant fee- earner tell the receptionist: 'Don't give it to me!'Different problems arose with clients who had dealt with the firm in the past and were now introducing a different type of work.

On asking for the partner or fee-earner who had handled the previous matter, they sometimes discovered, as the new matter progressed, that it was outside the fee-earner's competence.

Alternatively, the fee-earner was placed in the embarrassing position of having to explain that he or she did not do divorce, conveyancing, wills, litigation or whatever.In today's competitive climate, it is essential that all new instructions are dealt with by a new business co-ordinator (NBC).

The role of the NBC is to be the client's first point of contact with the firm - although quite possibly not the person who, in due course, handles the legal work.

A partner with real client flair will make an ideal NBC.

Alternatively, a younger solicitor or an experienced and personable legal executive can do the job, with good partner back-up.Larger practices may need two NBCs, one for non-contentious new instructions and the other for contentious work.

In the largest firms each department will have an NBC.-- Cross-selling.

The role of the NBC developed in the 1970s when solicitors were not free to market their services.

The only way to develop work was to cross-sell to existing clients.

This was good economic sense for the solicitor but also, if handled sensitively, resulted in better service to the client.

No longer were clients seen with blinkers on; this person as a 'matrimonial', this one 'a personal injury', and another 'an unfair dismissal'.

Instead, clients were seen as people with, possibly, a variety of legal needs.Clients do not always mention at the outset the matter which is troubling them most.

A skilled NBC listens sympathetically to the client, teases out these other worries and is sometimes rewarded by the grateful client exclaiming: 'I didn't realise a solicitor could help me with that.' Some NBCs use cross-selling checklists.

For instance, a conveyancing client may need advice on some or all of the following: choice of mortgage; estate agent and surveyor; making a will; financial services.With the advent of price advertising, the NBC was often given the responsibility of dealing with telephoned requests for quotations for costs.

The aim of the NBC was to get face to face with the client in the office or, failing that, at home.

Giving a quotation on the phone is rarely successful; the client simply shops around for something lower.In the early 1980s, the advent of solicitors' advertising led to greater client mobility.

The role of the NBC developed to cover:-- Allocation of fee-earner.

With increased fee-earner specialisation and the development of fee-earners working in teams and not in isolation with the client, it has become very important to match the client with the right fee-earner from the outset of the transaction.

The NBC, after taking basic client details, is ideally placed to introduce the client to the fee-earner concerned.

This requires a high degree of co-operation between fee-earners and the NBC - fee-earners need to be available to the NBC at short notice to meet new clients.The experienced NBC will invariably make time to speak to the new client on the telephone before making an appointment.

This gives the opportunity of finding out something about the matter and whether the firm has acted before.

The client can also be requested to bring in relevant documents.

When arranging the time for an appointment, the NBC may well first check on the telephone that an appropriate fee- earner will be available to see the client once the initial details have been taken by the NBC.

In litigation, the client's opponent can be ascertained at this time and a conflict search made.

This prevents the firm later finding itself prohibited from acting for either side because a conflict has emerged after instructions have been obtained.-- Discussion of fees with clients.

In the old days, fees were seldom mentioned to the client until the final bill.

Today's clients are much more alert financially but some solicitors still attempt a 'costs ambush'.

The Law Society has updated the written professional standards to require solicitors to discuss terms of business with clients at the outset.

Failure to do so constitutes 'inadequate professional services' under the Courts and Legal Services Act 1990.

Compensation not exceeding £1000 can be awarded to the client and the solicitor's bill rebated in part or whole.

The requirement to discuss terms of business at the outset is not, at present, a practice rule, although it may become one shortly if solicitors persist in not following the guidance.Contrary to popular opinion, solicitors are not required to disclose hourly rates, either with or without mark-up.

Many forms of alternative billing are possible within the statutory provisions.

These include fixed fees, estimates and placing a fee limit for a stage of litigation.

In non-contentious work it has always been possible to charge a contingency fee or success bonus.

In contentious work, r.8 of the practice rules has recently been amended and solicitors will shortly be allowed to charge a conditional or speculative fee ('no win, no fee') in personal injury work, insolvency and European Court of Human Rights cases.Solicitors must explore, at t he outset, the possibility of legal aid and advice.

They must also explain the statutory charge and other implications in litigation, such as the difference between solicitor-client and party billing.The efficient firm will have standard terms of business which will cover the above.

In addition, the pro forma terms will deal with costs on account, interim billing, interest on late payment, the right of the solicitor to stop work for non-payment and retain documents and the rate of interest to be paid to the client on client funds under the accounts rules.Completing this pro forma (and legal aid forms where applicable) may well be the responsibility of the NBC under the supervision, where applicable, of a partner.-- R.15 of the Solicitors Practice Rules.

R.15 places obligations on the firm at the outset of instructions, during the matter and at its conclusion.

The NBC is ideally placed to ensure compliance with: (a) notifying the client of the name and status of fee-earner and supervising partner.

It is also advisable, although not compulsory, to identify the relevant secretary who will probably have as much contact with the client as anybody; and (b) explaining the firm's complaints procedure, including the name of the person to whom complaints should be addressed in the first place and if not resolved.Responsibility for other aspects of r.15 will lie with the fee-earner and/or supervising partner.

These include explaining the issues raised and keeping the client informed at all stages.-- Scope of the retainer.

With clients now much more ready to sue solicitors for negligence it is vital, at the outset, to define the scope of the retainer - what are we to do, what is the client expected to do and what will be referred to other experts? An experienced NBC will combine this with the cross-selling role.

The scope of the retainer will also affect all other aspects of the NBC's role.

It will help the NBC decide on the appropriate degree of fee-earner specialisation required, the level of billing, the information as to progress of the matter which the client requires, and the quality of work which the client expects.Unless proper systems are in place for the efficient processing of new instructions, the firm will fight a losing battle as the matter progresses and will find it difficult to provide a quality service to the client.Recent quality developments include: (a) BS5750, which entails setting out the level of service you intend to give to the client and proving that you satisfy the standards set.

Although BS5750 concerns itself more with the method of delivery of advice, as opposed to its quality, the two concepts are closely linked.

Firms which deal efficiently with correspondence, documents and telephone and electronic communications will usually also aspire to improving the quality of legal advice through specialisation and keeping up to date.

(b) Investors in people, the scheme which seeks to guarantee that people are trained properly for the job and that clients' work is done by the right fee-earner.

The IIP initiative therefore sits well with the NBC role.

(c) Total quality management, which involves co-operation between everyone in the firm - partners, other fee-earners, secretaries, receptionists, accounts staff and trainees - in the evolution and implementation of policies to improve quality of service.

(d) The Law Society's practice management standards, which further attempt to help solicitors provide better service to their clients.

In introducing franchising, the Legal Aid Board originally intended to develo p and impose its own quality standards.

However, the final specification was based upon the Society's practice management standards.

Firms will not be able to obtain a franchise unless they can demonstrate compliance and this includes efficient systems for taking instructions in legally aided matters.Whichever of the above routes a firm chooses to follow, the role of the NBC is vital in setting the right standards and tone at the outset of instructions.

Firms which receive and process instructions efficiently will be able to demonstrate delivery of quality service to the client.

At a time when compulsory competitive tendering for the legal work of local authorities and similar bodies is opening up new avenues for legal practices, firms which can show that they satisfy objective standards will be best placed to market their services effectively.Ultimately, the only way to judge client satisfaction is to compare results against the scope of the original retainer, as modified by any subsequent instructions.

Only in this way will firms be able to ensure satisfied clients; this is the key to repeat business and client recommendation of the firm's services.

NBCs who can assist in this will be making a considerable contribution to their firm's success.