Poor client communication is the source of both client anguish and discontent with the legal profession. Case in point: failure to return calls is the most frequent complaint to the state bar where I practice.
As bankruptcy lawyers, we’re dealing with people under stress: they are seldom at their best and their capacity to absorb the intricacies of bankruptcy is often limited. Still we need their involvement to do a bankruptcy case well.
When they don’t see the big picture or walk out of the office with unanswered questions and half-baked understandings of their case, discontent or major blunders often follow.
In the day of ubiquitous on-line review sites and the ever present DIY ethos on the internet, neither the individual practitioner nor the bankruptcy bar as a whole can withstand the negatives that follow from the unhappiness that results.
I have a low-tech strategy for both addressing the information gap up front and lessening the need for one-on-one explanations of the routine events in a bankrutpcy case: flood the zone upfront with information.
Give clients the lay of the land in advance
I have an array of largely one-page explainers that go out to would-be clients with the email confirming our initial consultation. One describes the bankruptcy system in general; another explains how Chapter 7 works, and another Chapter 13. I have a handout on the operation of the discharge when only one files bankruptcy, and one on encumbered cars after discharge.
The beauty of the handouts is that I only had to write them once. I can recycle them endlessly with the click of the attach icon. Nothing guarantees that prospects actually read them, but my thought is that while they’re still anxious and uncertain, i.e. before we talk about their situation in detail, they are more inclined to read.
Make your website earn its keep
I’ve put lots of posts on my websites that address the concerns of debtors about how exemptions work, will they get a discharge, what’s dischargeable and what’s not.
Probably the most trafficked piece by clients addresses the 341 meeting. Fear of an inquisition or a fatal blunder at the meeting seems omnipresent. Our email to the client with the date of the meeting includes links to things I’ve written to allay fears. Then the email invites questions if the post didn’t answer all the client’s questions.
Again, the idea is write once, distribute repeatedly.
Proactively shape communication expectations
Spend some time at your first meeting with the client laying out how you prefer to communicate. Personally, I hate the phone and love email. I can almost always answer questions that come in via email in a matter of minutes, whereas I couldn’t have a polite phone call in twice the time it takes to respond online. I invite questions by email and collect their preferred email when booking the appointment. Often, my response includes a link to a piece I’ve written for my website.
I also assure them that there are no stupid questions in this business. I doubt you’d be surprised at what that reassurance produces in response….things that you really need to know before filing but hadn’t been mentioned before.
Time spent at that first consultation explaining how Chapter 13 payments are calculated, what the timeline for the case is, and what non-routine actions I anticipate saves time and confusion later on. It builds credibility and fills in the gaps for the clients who either didn’t read the handouts, or don’t learn best by reading.
Pick your communication style
Fashion your own mix communication style that ups your communications game. Nothing good comes from clients who feel themselves alone and left in the dark in a bankruptcy case.
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