Excerpted from
Flying Solo: A Survival Guide for the Solo and
Small Firm Lawyer, Fourth Edition
By K. William Gibson, Editor

Client Communication Systems
Effective and regular communication is the foundation of positive and profitable relationships with your clients. To build relationships and avoid problems, communicate with your clients throughout your representation. Follow these guidelines:

1. Listen to your client. Learn the client’s initial goals for the relationship and put them in writing. Provide realistic advice and guidance. Continue to listen to the client’s goals and expectations throughout the relationship. If the goals or expectations change, note these in writing to the client.

2. Provide a written fee agreement. This is the foundation of your lawyer-client relationship. The written fee agreement should encompass the scope of the representation, the basis for the fee, the timing of your services, and any other issues negotiated.

3. Write a nonengagement letter when you decline representation. If you decline to represent a prospective client, write a letter to confirm your “nonengagement,” so the “client” doesn’t wrongfully claim later that you were his or her lawyer.

4. Write a disengagement letter when representation ends. A disengagement letter should be sent with a final bill. An order of withdrawal may also still be necessary.

5. Schedule periodic, face-to-face meetings with your client. Use these meetings to build your relationship with your client, especially if the circumstances of the case or the expectations of your client change.

6. Recognize special communication problems with “difficult” clients. Learn to identify problem clients who may need more direct communications. These clients include lawyer shoppers, clients who are reluctant to pay retainers or who seek reduced retainers, vengeful clients, and clients who have unreasonable expectations. Do not be afraid to terminate a client appropriately if the problems persist, for you may be the client’s next defendant.