Biglaw, Boutique Law Firms, Small Law Firms

Beyond Biglaw: Effectively Ending Engagements

Columnist Gaston Kroub explains how to end your client representations on the right note.

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The practice of law demands attention to a seemingly unending series of details. At the same time, when it comes to practice management, it is often the case that there are‎ many ways to approach a situation, with the best approach being a situation-specific one. But there is often a better way to handle most situations, and it is for some reason often true that lawyers, whether they are in Biglaw or working at a small firm, are left to figure out for themselves what the best approach to a given practice management situation is. That is undoubtedly the case when it comes to ending engagements in a thoughtful way. I am hard-pressed to recall any discussion, much less “training,” on the topic. Which is a mistake, especially in a service business where livelihoods are impacted by the ability to get repeat business, since the easiest way to get new business is to get it from existing clients. The second easiest way, of course, is through referrals.

As usual, a thoughtful approach to ending an engagement is likeliest to be the best and most fruitful one. Everyone discusses the importance of making a good first impression, which I do not challenge. ‎I submit, however, that leaving a good final impression with respect to a particular engagement is of critical importance if one hopes to earn more work, or a referral, from that client whose matter has been wrapped up.

It is important to establish, for purposes of risk management from a potential malpractice perspective, that your firm’s representation of a client in a particular matter has ended. The burden on making sure that both sides know that an engagement has concluded is with the law firm, not the client. So make clear to the client, once your representation reaches a point that neither you or your firm feel there is nothing left to do, that you consider the engagement over. Too many times, neither side of the relationship takes that step, which can lead to misunderstandings that could have easily be avoided.

An easy way to make sure a matter is concluded in a client’s mind is to set up a discussion, or at least send an email, whereby you notify the client that you are prepared to wrap up the representation. As part of that dialogue, make sure to communicate to the client that you want to make sure that there are no unanswered questions on the client’s side, and that you are undertaking a final review of the engagement to make sure there are no loose ends. Once both you and the client are satisfied that the matter and representation is closed, send a confirming email to memorialize the mutual understanding that your firm is no longer engaged to represent the client in that matter. If it is the type of engagement that does not allow for a “clean break,” such as where the settlement agreement calls for your firm to monitor activity by the opposing party, at least make sure that your firm’s ongoing responsibilities are clearly delineated.

Assuming that there is a meeting of the minds with your client that the engagement is ended, take the opportunity to first thank the client for the opportunity to represent them in that matter. A little courtesy and appreciation is always advisable. If your associates worked closely with more-junior in-house or business staff at the client, it may even be appropriate for them to send a quick note of appreciation — for the cooperation and assistance — directly to those contacts. Hopefully the engagement ended on favorable terms, with the client pleased with results and assistance that your firm provided. When that is the case, furthering any personal relationships developed over the course of the engagement by sending personal thank-yous can help cement the broader relationship between your firm and the client.

On top of just saying thank you, it is appropriate for the relationship partner to solicit feedback from the client as to the firm’s performance. Ask the client what they liked and did not like about the representation, and whether anything the firm did stood out for good or ill. Chances are the client is working with multiple firms at any given time, and may be willing to provide comparative insights now that the engagement is ended. It is also appropriate to ask if the client liked working with a particular lawyer on your team, or if they found someone difficult to work with. If so, ask why so that you can approach the next matter with that knowledge in mind.

With respect to the client’s satisfaction with the overall result of the engagement, it is important to gauge how pleased the client was with your firm’s services. If they communicate any unhappiness with the representation at all, it is critical that the firm take a proactive approach to try and remedy any issues. Even if that means getting firm management involved in assuaging the client’s concerns. The client may be satisfied with the “result” of the engagement, for example, but not happy with the cost. A well-timed and considered “budget adjustment” to the final invoice can often go a long way to ensuring a happy client in such a situation.

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When the client is pleased with the representation, and has communicated that sentiment, it may be appropriate to do two things immediately. First, you never know whether the client has another issue that you can help with, so ask if there is something else that you can help with. This may be the best time to ask for more work, so take advantage of any such opportunity. Second, if there was ever a time to ask a client for referrals to other clients (or at least some marketing copy), it is at the conclusion of a successful engagement. This is not the time to be shy, especially when the client is happy — and has told you so.

Finally, if the client does not have more work to offer right away, try and do something to stay “front of mind” in case other situations arise where your firm can help. The end of the engagement can be a good time to set up a free CLE, or presentation to non-lawyer employees even, on a topic of interest to the client. Even a review of the issue that led to the engagement in the first place could be worthwhile, especially if you can coordinate lessons learned to the client. A presentation of that sort, three months or so in the future, can be a valuable way to maintain the relationship and position your firm for more work. Ultimately, all good things have to come to an end, and firms that end their engagements effectively put themselves in a better position to start the next good thing with the client.

Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique. The firm’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at gkroub@kskiplaw.com or follow him on Twitter: @gkroub.

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