Managing Client
Perceptions
By Art Italo
Most attorneys agree that client referrals are their primary source of business. Yet, the majority of lawyers don't realize the impact perceptions have on future referrals. I often ask my new clients how much time they spend marketing. The answer is usually less than ten percent. I then ask them how much time they spend talking with clients. The answer is almost always greater than fifty percent. The point of this exercise is to demonstrate that every time you have contact with a client you are marketing.
By definition, marketing is any action that affects the perception of another so as to change the probability of making a sale. Certainly, things like promotion, pricing and brochures accomplish this aim. But make no mistake; each encounter you have with one of your clients is affecting his or her perception, changing the probability you will receive a referral from that client in the future.
Most attorneys understand this on some level, yet they do very little to manage the perceptions of their clients. They operate under the assumption that if they provide excellent legal work, their clients will appreciate it and send their friends.
Unfortunately, clients don't always perceive excellence even if your work is excellent. Most clients are ignorant about what constitutes good legal service. Additionally, clients often judge your work using criteria other than results. The key to managing perceptions is to understand your clients' expectations. Many attorneys make the mistake of assuming the client's expectation of the result matches the attorney's. This can lead to shocking repercussions. Most trial lawyers have had the experience of arguing a brilliant case and getting a favorable decision, only to find their client is totally dissatisfied with them.
Client perceptions are often based on insufficient information, supposition, wishful thinking and facts taken out of context. Regardless of the source and correctness of their beliefs, to them perception is reality. Anything you say or do to the contrary will be challenged, ignored or resented.
Often, clients will not tell you they have a different opinion. You will labor under the presumption of total agreement only to get hammered at the end by an irate client. Don't assume agreement. Probe continually for unrealistic beliefs and expectations. Ask clients directly: "What are your expectations of me in this case?"
A belief is a form of programmed thought. After we analyze a situation, we create a belief, i.e. a conclusion about what it means. Thereafter, we rely on the belief to avoid redundant analysis. This is why beliefs are so resistant to change. We don't want to be bothered with facts because we have already made up our minds. In order to change someone's belief it is necessary to examine the reasons they hold that belief and discredit those reasons. The belief then loses substantiation, forcing the person to reevaluate it.
If you think the client's expectation is unrealistic, try to understand the reasons for the expectation before you try to change his or her mind. Ask the client, "What causes you to believe that expectation is realistic?"
Always seek to understand the client's point of view before you give advice or explain the realities of the legal system. This produces rapport because the client perceives you to be a good listener. It also gives you insight into how to manage the client's perceptions.
When attempting to change an unrealistic belief, you must make the client rethink the reasons for maintaining the belief. Usually, people base their beliefs on their own experience or on the experience of someone they trust. When you tell them their belief is wrong, you are implicitly telling them their experience is wrong. People tend to take this personally and get defensive. This will undermine rapport and cause mistrust.
Instead, attack the reasons for the belief and explain why the client's experience may not be relevant in this case. Be ready to back up your logic with specific examples of people you've dealt with in similar situations. This reassures the client that you have experience in these matters and indicates your perspective might be more valid than theirs.
A difficult issue for clients is the issue of fairness. Clients usually believe their point of view is right and the court will naturally be fair and decide in their favor. Any lawyer who has set foot in a courtroom knows that the courts may be impartial, but they are not always fair. Clients don't always understand that the courts are there to interpret the law, not to make judgments about right and wrong. Thus, clients are often shocked and dismayed at the decisions. They can't believe the court was so unfair. The attorney (YOU) obviously didn't make it clear enough.
You should prepare every client for this possibility. As cold as it seems, issues of fairness are not relevant and the client should be made to understand this. The client should be told that your role is to interpret the law and if necessary to argue the law with greatest benefit to the client.
In an effort to please their clients, attorneys often tell them what they want to hear. They believe that telling the client the naked truth will cause them to look for another attorney. This is asking for trouble. Be straight with clients. Present them with a balanced view and be sure to tell them where the problems lie. If litigation is involved, anticipate where the other side will attack and let the client know.
Clients who feel they have a fight on their hands are more likely to be helpful in preparing the case. If the outcome is unfavorable, they are not as likely to blame you. They take part of the responsibility upon themselves. If you give them the impression it will be smooth sailing, they will sit back and let you handle it. If the results are not favorable, it's your fault.
As you attempt to manage your clients' perceptions, try to give yourself some leeway to account for the unexpected. Bring their expectations down to a level that is just below what you are confident you can achieve. If you get ambushed, you still have room to maneuver and the client won't be so disappointed. If all goes well, you will exceed expectations and the client will judge you to have done an excellent job.
Another area where client expectations need to be properly managed is the length of time legal matters take. Most attorneys waffle on this issue. Due to the uncertainty of court calendars, settlements, etc., the time element of cases involving litigation is almost impossible to predict.
Usually the client will press for an answer and the attorney will give a range, "it could take six months, it could take two years." This is not a prudent way to manage the client's expectations. When given a range, the client will hear the shorter estimate. Impatience will then commence with the sixth month.
To properly manage the client's perception, give them only the longest estimate; "It could take as long as two years." If the client presses you for the shortest time frame, double your most hopeful estimate. If you are early, the client will feel you expedited the case.
In work that doesn't involve a trial, such as a contract or a will, commit to complete the work in a time frame that gives you more time than you need. Again, better to be finished early than to be apologizing for not having the project completed on time.
Frequently, out of fear of making an error, attorneys will avoid making time commitments at all. This is the worst possible strategy. If you don't set the client's perception regarding when the work will be done, the client will make up his/her own mind. You can be sure the client's notion of a reasonable amount of time has no basis in reality and will usually be impossible to meet. Regardless, the client will feel justified in his/her frustration with you for delaying the work.
If you are unable to meet your commitments, always contact the client before the deadline passes. Explain the reason for the delay and set a new deadline. This shows the client you are a professional and that you are considerate. If you meet the second deadline, your stock will remain high.
One way to eliminate some of the frustration clients feel about protracted matters is to call the client periodically with updates on the case or project on which you are working. Occasionally, it is appropriate to call the client even if there is nothing new in the case. In general, you should not let a month go by without some contact with the client. Find a reason to call, even if it is to ask a minor question. This gives the client the impression you are not ignoring their work.
Remember, every contact you have with your clients is a marketing contact. Managing client perceptions is of the utmost importance in receiving referrals in the future. It takes a little extra time, but it is time well invested.
Select
this link to see Art Italo’s Practice Profile
Art Italo is a consultant working exclusively with attorneys in the areas
of business development and strategic planning. He speaks internationally on
legal marketing and strategic planning.
He has developed and refined the concept of Leveraged Networking after
over 15,000 hours of individual consultations with attorneys. He has personally consulted with over 250
attorneys in
For on-line help with your marketing questions, e-mail Art Italo at
italco@mindspring.com or contact Art
Italo at:
Italo Consulting®
P.O. Box 680474
Marietta, GA 30068
(770) 859-0600
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Consulting® Home Page
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