Why do some law firms excel at bringing in new business and keeping clients while others struggle? They understand that every contact every time shapes the client's opinion. In this article you will learn the essential practices for providing exceptional customer service.

I rarely consider myself to be on the cutting edge of new technologies, or new trends. But just this once, I think I was ahead of the curve. Almost four years ago I joined Netflix. In case you're not familiar, this company offers mail order DVD rentals at a flat fee for unlimited numbers of rentals per month in increments of 1 – 8 for varying prices. Having learned that a significant portion of fees for rentals at traditional stores were earned for late fees, the founder, Reed Hastings, felt that a new model for renting DVD's that was late fee free was the way to go. What's more, Netflix has set up a complex customer focused Web site (www.netflix.com). With a library of more than 22,000 titles, Netflix tracks your film selections, encourages you to rate films that you have seen, and begins to make recommendations based upon your demonstrated interests. Now and then they will send an e-mail asking you about delivery speed, and if a DVD does not arrive, you will not be charged. They even have a program where you can show your movie list to a friend, and share titles that you think might generate mutual interest.

Why the long description of a consumer products service company? Netflix was awarded the top customer service award by Fast Company magazine one of my favorite publications. The selection was based upon a reader and expert survey. Other companies cited included Panera Bread, (mentioned in part for their free WiFi service), Build-a-Bear, and Craigslist. On the flip side, the top three least customer focused companies named were Wal-Mart, Cingular, and Sprint.

What were the criteria? According to Fast Company they chose: " The originality of their practices, the number of times they were nominated, and the freshness of their stories Once again, we turned to ForeSee Results, a customer-satisfaction measurement firm, to help us administer an online survey. We asked respondents to rate our finalists in four key areas: overall satisfaction, customer service, whether they'd do business with the company again and whether they'd recommend the brand to others. In selecting our winners, we decided to give that last score the heaviest weight. After all, what better sign of happiness is there than endorsing a company to your friends? We're not alone in our thinking. Bain consultant Frederick Reichheld has shown that tracking a company's "net promoters," or customers who would advocate it to family and friends, provides the strongest indication of customer growth.

This last element, "customers who would advocate this product or service to family and friends, that provides the strongest indication of customer growth," was one of the things that made me think about customer service in the practice of law.

Getting into your client's shoes

One thing that attorneys may not understand is what it is like to be an attorney or law firm client. Whether the person contacting you wants to file bankruptcy, is seeking a divorce, wants to sue an insurance company or is a business trying to protect its assets, the likelihood is great that the individual or organization is experiencing great anxiety.

For most individuals, and businesses that do not retain an attorney or law firm, the need to contact a lawyer is likely to mean that the individual or firm is experiencing either a difficulty, or moving into uncharted territory that requires legal assistance. Individuals in particular, may not know an attorney, and may have contacted you or your firm either through a referral (the best case scenario) or randomly through the phone book or other resource. It is likely that they have no idea whatsoever about the way in which you provide services or charge for them.

First Contact

What is the first contact like at your law office? Many firms are hard pressed to understand the significance of the receptionist, or the person who answers your telephone. On a personal basis, I have experienced both the best and the worst. The best is a person who has a pleasant phone voice, does not seem impatient, and tries hard to direct the call to the right person if the caller is unsure who in the firm they might need to speak with. The worst is someone who conveys distaste for having to answer the phone, seems impatient, and acts exasperated with a caller unsure about where he or she needs to be directed. It is virtually impossible to overestimate the importance of this first contact. And while there are many telephone receptionists that fall in the neutral category, a really good one or a really poor one will stand out and probably impact your practice significantly without your ever realizing it.

Setting the Course

When I worked at a law school I was always amazed at the skills that law students demonstrated in client counseling competitions. Faced with a complex set of facts for the interview, students deftly talked to potential clients, carefully explained retention letters, retainers, and payment agreements and garnered important information in a very short time. And yet later, in real life, this careful attention to personal attention and detail seemed to diminish. Although these forms and questions may become routine to you; for the client they are often another bewildering aspect of the legal process with which they may have no familiarity.

Perhaps the only parallel that I can describe is a first visit to a new physician's office. Stripped of your waiting room magazine, and soon your clothing, you are asked to describe some intensely personal problem to a person that you have just met. Although it would take more time to talk to the person fully clothed, having taken a detailed history before moving into a more personal examination phase, often circumstances seem to prevent this from happening.

If you are willing to invest more time up front with your potential client explaining your practices and procedures prior to "unclothing" his or her problem, you may find that you are perceived as being more customer-friendly. Although this practice may seem more costly up front time wise, it is likely to yield a better client retention rate in the long run. And it is also likely that you may do a better job of screening out potential clients who may not be the best fit for your practice.

Often when visiting a physician for the first time a patient will think of his or her most important questions on the way home in the car. This can also be true of a visit to the lawyer. Make sure you leave room for a potential client to contact you again soon to follow up on something they may have thought of after leaving your office. The chances are they will be on information overload when you first meet; and they may have failed to share some pertinent piece of information that might be important later.

Managing Client Expectations

Although you may understand the "hurry up and wait" nature of the practice of law, and particularly the slow progress of discovery on the way to trial or settlement, your client probably does not. Managing client expectations is an enormous part of your job, and will significantly impact the likelihood that your client will be a satisfied customer. Because it may have taken your client a long time to reach the point where he or she wanted to retain a lawyer, it is equally likely that they believe that having made this onerous decision will then guarantee a quick resolution.

Keeping your client apprised of progress (or lack thereof) is an important way to ease client stress and indicate that you are on top of things. Although most attorneys know this, it is often putting out fires that keep an attorney busy on a day to day basis. Even if you are unavailable to contact a client directly, a well placed e-mail or phone call from a support staff person or a paralegal can help you guarantee to your client that you are still on top of his or her case.

Client Frustrations

Nothing is more frustrating to a client than the unreturned phone call. Just like you, your client is likely to be busy with other things, and may call during the work day when he or she has just a minute. Two or three successive phone calls without a response are likely to create the unfortunate impression that you are too busy to deal with his or her problem, or that you don't care. Once again, it is having the call returned that's most important, and sometimes someone else can do this on your behalf.

Although law relies on a very specific language for its formal dealings, attorneys are often rightfully accused of speaking in obtuse and complex forms when simple English would suffice. Your client will not necessarily believe you are smarter if you speak in legalese. When communicating with your client it makes sense to use common language and when necessary to explain legal terminology as it impacts his or her matter.

Client or Customer?

The term "client" seems to connote that lawyers or other professional services professionals are dealing with people in a way somehow uniquely differentiated from other customers. Perhaps they are. Doctors call their customers "patients;" a term defined as "someone who receives medical care or treatment" and in the archaic "one who suffers." As an adjective, the term means someone who is tolerant of waiting or suffering. Sadly, this is the definition that people often perceive in the current state of our medical system. One of the definitions of client is "one that depends on the protection of another;" a rather unusual way to think about your client, although the first definition listed was, "the party for which professional services are rendered, as by an attorney."

There is something lofty implied in the term "client." Perhaps it is a service orientation that makes us think of that person or entity as special. This is no doubt true. And if clients are the people who refer other clients, then sometimes it makes sense to think of them as customers. What will make them come back? What will make them refer others? If your firm were subjected to a customer service survey, would you find yourself listed as one of the top providers of legal services of your type in the community? It's something to think about.