Yes, I know. You’re busy. You’re very busy. You have lots of cases to think about. You can’t be bothered by your client, who called you yesterday to tell you that he can’t make his Chapter 13 payment this month. But that client is stressing about only one of those cases: his own. If you don’t nip that stress in the bud, it could wind up as a complaint with your state bar. I venture to claim that nothing causes more concern to a client and gets blown out of proportion more than silence from his law firm.


In fact, the number one complaint clients make to state bars about their attorneys is a failure to communicate. According to the American Bar Association, not returning phone calls or answering letters also figures prominently in many malpractice cases.

When this subject arises, many lawyers tell me that they put off making phone calls because they often have to pass along bad news to their clients. Perhaps the trustee has filed a motion to dismiss or a creditor has filed a motion to lift the stay. They do not want to deal with the stress and confrontation inherent that type of phone call. That’s understandable. But will it not be worse if you put off the conversation?

What You Can Do

Here are some practical things you can do to smooth out this part of your practice:

• Tell your clients up front that you will return phone calls within 24 hours, but in practice, get back with them the same day.They will be impressed, and you will cut down on your stress and the time your staff needs to deflect the worry and anger your client will direct toward them.

• When you meet with your clients for the first time, make sure they have your assistant’s name and number and encourage the client to call the assistant with questions. Then, make sure your assistant is returning phone calls promptly.
• Designate a time every day when you will return phone calls. Late in the afternoon, between 4:00 pm and 5:00 pm, worked well for me. Let your clients know up front that they can expect to hear from you during that hour barring conflicts like court hearings. Do not schedule meetings during that time. Have your staff tell the client to expect your call then. Then just do it. You’ll feel better for it and, more importantly, so will your client.
• The same goes for emails. I do a lot of work through email. A lot of clients seem to prefer it, and it is often easy to dash off an answer to an email in quick fashion from my phone during a break. Emails also offer a written record of a conversion that parties can refer to later. But sometimes, it will take longer to craft a well-thought-out written answer then a quick phone call is more efficient and timely. Don’t hesitate to call, then follow up with a written answer if the situation calls for it.

Call Logs

And, while we’re talking about the telephone, do you keep a call log? If not, you should. Unless you memorialize everything you do on a time sheet (more on this later) or keep notes in your case management software, how do you keep track of when your clients tell you things, or when you give instructions to your clients or come to terms with creditors or opposing counsel? The older I get, the less I remember. If you are unlucky enough to be the recipient of a disciplinary complaint, you’ll need those phone records to support your defense.

It just makes $ense.

Check Out All the Articles in the Series:

Goal #1: Tame the Telephone

Goal #2: Track Your Time

Goal #3: Oursource

Goal #4: Charge for Initial Consultations

Goal #5: Learn Something New

Goal #6: Teach, Write, Mentor

Goal #7: Learn to Write Well