When an attorney meets with a client for the first time, having a plan in place can help to ensure a smooth beginning to the attorney-client relationship. Following a simple framework to initial meetings will help lawyers gather information about the problem they are to solve, outline the boundaries of the relationship and flush out the concerns the client has with the potential outcomes of the case. Most clients have never been represented by a lawyer and they may have no understanding of how the attorney-client relationship works. During this first meeting, the attorney sets their expectations and outlines how the representation process works. These five tips will help any lawyer at any stage in their practice hold a successful first client meeting.
1. Do your research.
Before any first client meeting, make sure you have all the information you need by doing your research. Take the first call and speak to the client to determine whether this is a client you want to interview further. Then, gather enough information to do some research so that when you meet with the client you can make the meeting productive and ask the right questions.
2. Ask the tough questions.
You must ask direct and difficult questions of the client in the first meeting. In addition to gathering as much information as possible, it’s helpful to play "devil's advocate" so you understand the client's vulnerabilities in the case and as a party. You don’t want to antagonize your client, but you do want to expose the potential pitfalls of the case.
"Forewarned is forearmed – this adage will forever help you in practice."
3. Listen carefully.
Listen to the client's responses and, should you recognize any possible future issues between you and the client during the litigation, address them right there in the meeting. For example, if the client expects that this will be your only case and it will be resolved in weeks, you’ll need to address the timing issue and clearly lay out how long these cases typically take. Be polite but stern in your discussions to establish boundaries when it comes to the client.
4. Talk about outcomes.
Start discussing outcome options with the client early on so that they are aware of what is coming. Forewarned is forearmed – this adage will forever help you in practice. Clients need to know the potential range of outcomes in their case so they are prepared when the case comes to a close, possibly with results that are not exactly what they hoped. Furthermore, this discussion can help clients understand why certain cases cost as much as they do to reach those outcomes.
5. Keep a record.
Last but not least, memorialize the discussion. Outline all the concerns and questions that the client brought up as well as your responses during the meeting. You will reference this document over and over throughout the attorney-client relationship and it will be useful to bring a client back to baseline if they happen to go off on a tangent. Importantly, this document will also protect you should a client decide to call disciplinary counsel.
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Join author Bill Price to delve deeper into these tips and more, start building a roadmap toward resolution and extinguish unrealistic expectations of clients.
OnDemand CLE: Proper Framework To Handle Your First Client Meeting Part I
William J. Price is the past chair of the Ohio Bar Solo, Small Firms and General Practice Section and the Negligence Law Committee. Price is an attorney with Elk & Elk in their Mayfield Heights office. He is a seasoned trial attorney who focuses his practice on personal injury litigation for people who have been seriously injured or killed. He has experience in the fields of medical malpractice, nursing home neglect, defective products, negligence in construction sites and trucking and auto accidents. Price earned his undergraduate degree at Bowling Green State University and his law degree from Michigan State University College of Law.
