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Client Intake Handout Client Intake R ISK MANAGEMENT HANDOUTS OF L AWYERS MUTUAL LAWYERS LIABILITY INSURANCE 5020 Weston Parkway, Suite 200, Cary, North Carolina 27513 COMPANY OF Post Offi ce Box 1929, Cary, North Carolina 27512-1929 MUTUAL NORTH CAROLINA 919.677.8900 800.662.8843 919.677.9641 FAX www.lawyersmutualnc.com Client Intake R ISK MANAGEMENT HANDOUTS OF LAWYERS MUTUAL TABLE OF CONTENTS Introduction 1 First Impressions 1 Effective Interviewing 2 Tips for Interviewing Clients 3 Keep in Touch With Your Clients 3 Beware the Bad News Client 4 Appendix: Sample Forms Interview: Personal Injury 5 Interview: Domestic 12 Prospective Client Questionnaire 15 New Client Intake Form A 17 New Client Intake Form B 18 DISCLAIMER: This document is written for general information only. It presents some considerations that might be helpful in your practice. It is not intended as legal advice or opinion. It is not intended to establish a standard of care for the practice of law. There is no guarantee that following these guidelines will eliminate mistakes. Law offi ces have different needs and requirements. Individual cases demand individual treatment. Due diligence, reasonableness and discretion are always necessary. Sound risk management is encouraged in all aspects of practice. updated December 2009 RISK MANAGEMENT HANDOUTS OF LAWYERS MUTUAL INTRODUCTION Many malpractice claims result from attorney-client One risk management solution: make sure the client’s fi rst relationships that began sour and grew steadily worse. impression of you and your fi rm is positive. The ensuing That’s why it is important to start off on the right foot with relationship will blossom. new clients. FIRST IMPRESSIONS THANKS FOR COMING Develop an interview form that suits your practice needs. Be sure it covers all necessary information, New clients should be warmly welcomed. Thank including pending deadlines and confl icts of interest data. them for choosing you, and tell them you appreciate their However, as you fi ll in the blanks on the form, don’t lose business. Give them a professional introduction to your sight of the person sitting on the other side of the desk. fi rm. Escort them through the offi ce. Introduce your “Lawyers collect facts about their clients instead of staff, especially those who will be assisting on the case. information about people,” writes Milton Zwicker in the Explain your procedures for handling appointments and September 1994 Law Practice Management. Firms focus their telephone calls. systems on fi les and not people. It is more important to In the initial interview, open your ears before your know what kind of client has a legal problem than what mouth. A good technique is to ask clients to tell their kind of legal problem the client has. story in their own words. Listen closely without taking notes. Parrot key phrases back to the client to show you’re paying attention. NEW CLIENT QUESTIONNAIRE Clients may be tense, anxious and rambling. Be patient. Don’t belittle their concerns, even if unfounded. It’s a good idea to develop a simple questionnaire that “Listening is not the simple ability to decode information,” prospective clients can complete while they are waiting to says Kevin J. Murphy in Effective Listening. “It is a two-way see you. exchange. One must compel others to do the same. Be Have your secretary bring you the form after it sensitive to subtle signs of dissatisfaction. Early detection is completed. At a glance, you will know who the and prevention of client disenchantment might prevent a prospective client is and what the case is about. When the serious blowup down the road.” client comes into your offi ce, you can greet him or her by name and jump right into the interview. The questionnaire also protects you. It provides INTERVIEW FORM documentation in the client’s own hand of what the client thinks the problem is and what relief the client seeks. After the client has fi nished with the story, you can take it once more from the top, this time taking notes and probing with questions. Here, a client interview form is critical. — 1 — CLIENT INTAKE EFFECTIVE INTERVIEWING Think about the best experience you have ever had • Bi-polar -- Effect is similar to closed; gives interviewee being interviewed. Try to recall what made the experience two options; usually at end of interview after problem positive. Most likely there were comfortable surroundings has been identifi ed. Example: Do you agree or and an interviewer that seemed interested in you and disagree that you were speeding? what you had to say. It is unlikely you were made to feel • Leading -- Invites interviewee to answer one way or intimidated or uncomfortable. another; requires careful use; might use with children; When you are interviewing a prospective client, best used for cross-examination of adverse party. remember that most people are unfamiliar with the legal Example: You did not see the car in the intersection system and will be uneasy at best, frightened at worst. It is as you approached, did you? important to establish a good rapport early in the process. Use techniques such as nonverbal and verbally When making the initial contact, be sure to advise the supportive communication, active and passive listening, client of who you are and your purpose. and body language. They infl uence the gathering of Begin the interview with small talk if it makes the information. The interviewer should not adopt a hostile situation more comfortable, but do not make the client feel or confrontational stance. Nodding during the interview you are wasting their time. indicates your acceptance of the client’s story. Verbal There should be no distractions like offi ce phones expressions of empathy can assist in bonding between you ringing. Sit side by side or across from each other without and the client. invading each other’s body space and without establishing barriers like desks. Don’t let note-taking become a distraction. Maintain BARRIERS TO EFFECTIVE LISTENING good eye contact. Do not attempt to take down every word said. Instead, look for pertinent and relevant information. • Talking -- You cannot effectively listen if you are This is where your knowledge of the case is helpful. mentally preparing what you are going to say. • Mentally arguing -- You cannot effectively listen if you are mentally forming your argument. Also, you need TYPES OF QUESTIONS to be objective in listening. • Preoccupation -- Keep your mind on the subject at hand. • Open -- Allows interviewer to talk, more information • Impatience -- Do not become frustrated by the speaker’s is given; more time-consuming; interviewer has slow speech or inability to make a point. minimum control. Example: “Why don’t you tell me • Poor environment -- Do not become distracted by everything you remember about the accident?” noise, people, or temperature. Take care of these • Closed -- Requires a yes/no answer; interviewer distractions before the interview begins. is in control; answers are not as reliable; shows • Inattentiveness -- Effective listening requires all your inconsistencies. Example: “Did you see the car run attention. You must try to absorb what the speaker the red light?” says. • Double-barreled -- Requires more than one response; • Mental or physical fatigue -- Be “up” for the interview. causes interviewee to lose train of thought. Avoid, • Failure to understand body language -- Is the client sending because it tends to leave both of you confused. a message with facial expressions or body language Example: Did you see the other car run the red light that is different from what is being said with words? and how fast was it going? — 2 — RISK MANAGEMENT HANDOUTS OF LAWYERS MUTUAL TIPS FOR INTERVIEWING CLIENTS Establishing a good rapport with the client early in your offi ce, etc.). Regardless of how large or small the relationship can help you avoid problems later on. the case, each client’s problem is important to them. Additionally, a close working relationship and open lines of They deserve your undivided attention. communication make case preparation go more smoothly • Hear the client’s full story before jumping in with and effi ciently. Clients who feel comfortable with you are questions. more likely to provide you with the information you need • Be direct. Do not overcomplicate things. Avoid the to better represent them. The appendix to this manuscript use of legal jargon. Instead, discuss the problem includes forms, checklists, and other materials related in layman’s terms. Think practical advice and real to attorney-client interaction. Following are some key solutions. considerations for the initial interview: • Do not overwhelm clients with information. Give • Be on time for appointments. them a manageable range of options. • Personally greet clients in the reception area. • Understand the client’s objectives and clearly defi ne • Strive to put your clients at ease. Many people are the scope of your representation. This gives the unfamiliar with and intimidated by the legal system. client realistic expectations and focuses your advice. Clients are most likely coming to see you because of • Be realistic about what you can accomplish. some stressful event in their lives, so go out of your • Make sure the client understands the billing system. way to make their experience as pleasant as possible • Explain the time and cost legal matters can entail. (offer them a beverage, consider interviewing them in Urge clients to carefully consider how this might a sitting area rather than from behind your desk, etc.). impact their lives. • Avoid interruptions while meeting with a client (hold • Follow up the initial interview with a letter of all calls, restrict others from coming in and out of engagement, nonengagement, or disengagement. KEEP IN TOUCH WITH CLIENTS • Return phone calls promptly (preferably within half • Treat the client as a partner.
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