bad news

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In this episode of the Trial Lawyer Nation podcast, Michael is joined by his law partner Sonia Rodriguez to discuss a topic sure to resonate with every plaintiff lawyer listening; What can we do to keep our clients happy?

The pair begins the episode with a look at why we want to keep our clients happy. While some of the benefits seem obvious, such as not having a grievance filed against you, getting positive reviews online, and gaining future business through their referrals, Michael and Sonia discuss this in more detail. Michael shares why you want your client to take your advice. And for them to do that, they need to trust you. Sonia agrees and adds that lawyers have a fairly low reputation in the eye of the general public. Clients come to you with this in the back of their minds, so it’s crucial to be upfront, honest, and transparent.

“If you have a client that trusts you, you can go forward with the case strategy as a team.” – Sonia Rodriguez

This leads them to discuss what makes clients unhappy with their lawyer. Sonia explains how the client is initially unhappy when they don’t know how the lawyer is getting paid. To alleviate this strain, Sonia makes a point to have a very frank conversation about the contingency fee and how it works during her first meeting with the client. In this conversation, she also makes it clear that case expenses are separate from the fee. Repeating this throughout the life of the case and making it nonchalant goes very far in building trust with the client.

Michael agrees and adds how crucial it is to fix your own relationship with money to have these conversations. He used to cut his fees all the time, without the client even asking. Sonia shares something that helps with her mindset – that the attorney’s fee isn’t all going into her pocket. It also pays paralegals, investigators, employee health care, etc. It comes down to valuing yourself and your services.

Michael and Sonia’s next topic of conversation is one of the most commonly filed grievances against lawyers – a lack of communication with the client about what’s going on with their case. To nip this issue in the bud, they’ve developed a system which requires a meaningful client contact at least once every 30 days (discussed in more detail in this fan-favorite episode with Malorie Peacock). In this phone call, typically conducted by the paralegal, the client is asked a series of meaningful questions and provided with an update on their case. It not only keeps the client informed, but it also helps the firm know when the client is struggling to keep up with his or her medical appointments. This helps move the case forward, adds value to the case, and helps ensure the client is happy.

After briefly discussing the commonly held belief that the attorney only cares about the money and how to combat it, Sonia asserts a powerful point; attorneys should not put themselves in the position of needing to make the client happy. With a personal injury claim can come a lot of anxiety and depression, and sometimes you can never make a client truly happy. If that is your goal, then you are setting yourself up for failure.

This leads them to talk about managing expectations with clients. Michael and Sonia both agree that bringing up any issues with the case early leads to a happier client in the end. Sonia frames it as not having a “crystal ball.” She will not tell a client early on what she thinks the case is worth. Instead, she tells the client what she “imagines the insurance company wants to pay them.” This is a great way to point out any issues in the case, while diffusing any potential rift between herself and the client and uniting them against the insurance company on the other side.

Michael adds that if the client thinks you need the money, they will doubt you when you advise them to settle. He then shares the powerful explanation that he gives to clients in this situation, where he makes it clear that he is able to take on the risk of going to trial but shares the downsides of doing so for the client.

While there can be a real, scary financial risk for young lawyers with a lot of money invested into a case, Michael shares his personal experience of losing his first $100,000 and his shocking reaction looking back on that experience. At the end of the day, choosing to settle on your advice or not is the client’s decision, and when you make that clear from the start, you don’t need to lose sleep over it.

“It hurts, but when you survive it… it’s a very liberating thing.” – Michael Cowen

Having to be the bearer of bad news comes with the territory of being a lawyer. Michael and Sonia’s next talking point explores the different ways they handle delivering this bad news without damaging the attorney-client relationship. Sonia shares why telling them in person immediately or, if possible, in advance goes a long way to salvaging and potentially even strengthening your trust with the client. She then shares a recent example where her client refused to answer a question in a deposition. Sonia pulled her aside and explained the risks. When the client chose to move forward, she understood a motion to compel could be filed; but it was a decision the client made, and Sonia supported her.

The pair wraps up the episode with Michael sharing a philosophy he learned from his New Mexico office partner, Alex Begum. At the end of the day, personal injury clients don’t usually know if the lawyer is doing a good job or not; but what they do know is how they feel when they interact with your office. Things like offering them a beverage, giving them a gift package, and not making them wait for a long time when they come to see you go a long way. And while the strategies mentioned in this episode won’t make everything perfect all the time, implementing them at your firm will help maximize client happiness over time.

“When you make people feel more respected dealing with your office than anywhere else in their lives, then they will like you.” – Michael Cowen

This podcast episode also covers why online reviews are so important and when you should ask a client for a review, why client happiness is more important in personal injury than most other practices, how to show a client you care about them and not just the money, and much more.