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December 05 2011
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The Legal Entrepreneur: Witnesses – What Is Your “Bedside Manner” Like?
I was recently speaking with a fellow lawyer about dealing with the public in general and he admitted that after 6 years as a Marine Corps officer and 3 years of legal training through law school, he did not have a very good “bedside manner.” He indicated that he usually “called them as he saw them” and was unabashedly blunt. Blunt to the point where he was borderline offensive to many people. While there is certainly a place and time when a lawyer must shoot straight with their client and tell it like it is, you need to pay attention to your bedside manner.
Unfortunately, the general public has a preconceived notion of how an attorney should act because of television and negative press. However, the general public often does not need a lawyer for an adversarial case. And even if they do, many do not know what to really expect from lawyers.
So what is your bedside manner? Just as in the medical profession, you will have to deal directly with your client, sometimes listen to them describe some very embarrassing personal issue, and then render appropriate advice. These sessions with your client could go on for months on end and sometimes years depending on the scope of your case.
I have found that there are generally two kinds of clients. First, the type that are afraid of the process and second, the type that are afraid of everything.
Many folks are wary of attorneys in general. They have never been to court, do not understand the law, and have a general idea that everything should operate like it does in LA Law. They think that you are already overpaid, over qualified, and trying to rip them off. They are afraid of the court system in general.
Then there is everyone else, afraid of everything.
How you deal with your clients makes a huge difference, both in terms of how the general public perceives lawyers and if you will get additional referrals. The first type, you have to spend time explaining the process, going over what might happen in court and why, and generally give assurance that the process is fair and that they need to let the process play itself out.
The second type, well, you just have to do a lot of hand holding and answering questions about everything.
Either way, you must have a good bedside manner. How an attorney interacts with the public is just as important as how a doctor interacts with his/her patient. Studies show that if a doctor answers questions up front, interacts with the patient, and apologizes for mistakes, their malpractice claims go down. Similarly, if attorneys return phone calls, write letters to clients, explain issues and deal with problems as they come up, you can decrease malpractice claims and bar complaints.
Similarly, you increase your ability to get more word of mouth referrals and show your client that you are a professional who charges fair prices and has earned their respect. Next time you do a client consultation, think about your “bedside manner” and if there is anything that you could improve on. Practice your interviewing skills on friends and family members. The more you practice, the more comfortable you will become when you actually have to interview a client with a real life problem.
Got a comment, different point of view, or question, just let me know.
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