Risk management

'Problematic' clients

We all know how exasperating some clients can be, with occasionally unreasonable demands and unrealistic time limits.

We also know how unreasonable clients are often the first to complain that your firm has been negligent.

However, did you realise a large percentage of these clients are only being difficult because they do not understand the legal process or realise what a lawyer does? Here are some simple points, which should help you have a smooth working relationship with your clients.

First give realistic advice.

Explore all options with the client as opposed to simply doing what they want.

Be realistic regarding the clients' expectations, fully explain the process and procedures involved, and the full implications of the work.

It is important to make a formal record of what is agreed to avoid misunderstandings at a later date, and remember always to use a retainer letter for this purpose.

Make sure you give clients a realistic time limit.

It is probably better to err on the side of caution when estimating a completion date for work undertaken.

One of the main causes for claims being made against practices is not meeting deadlines.

Therefore, it is imperative the client has realistic expectations of the time taken to complete the job.

Explain exactly what the work entails in layman's terms.

Most clients do not understand what is involved when work such as residential conveyancing or litigation is embarked on, and as a result they do not realise the extent of work going on behind the scenes.

It is important to explain everything clearly and detail what you will be doing on their behalf.

Also make sure you inform the client when each of these stages has been completed.

Think of it as climbing a ladder; when you have reached each rung, make sure you let the client know what has been achieved.

More often than not, a solicitor will see a telephone call to a client to update them as a waste of the client's money, but often not making the phone call is perceived by the client as being forgotten.

Understandably, this is not seen to be a priority for a lot of practices, and pressure from workload and from seniors can mean it is often overlooked.

Yet keeping a client happy and feeling that they are 'in the loop' can counteract a lot of problems further down the line.

An important part of a firm's risk management procedures is the realistic management of the client's expectations.

If the client has a good understanding of timing, the amount of work involved and the procedures taking place, they will be less likely to become disaffected, and less likely to make a claim against your practice.

This column was prepared by the Alexander Forbes Professions risk management team