When I was a novice lawyer, I heard about the “client appreciation curve”. It means that in the course of representation, a client’s appreciation level will resemble a bell curve. Their appreciation will increase in the beginning while the lawyer familiarizes himself with the case. But once a certain point has passed, the appreciation begins to drop. After a really long time, the client loses all confidence in the lawyer with potentially dire consequences.
From the client’s perspective, it’s not hard to see why they would feel this way. They come to see you because they want to sue, are being sued or are under a government investigation. They feel angry or helpless and need your expertise and guidance. At the initial conversation, you tell them that you think they have a good case a good chance of winning. The potential client feels comfortable with you and hires you.
For the first few months, the client appreciation curve starts to rise. They always thank you for your help and tell you how relieved they are because you stopped the threatening calls and mails. When they are concerned about a new development in the case, you explain to them that it’s part of the process and they have nothing to fear. They trust you and believe that everything will be ok.
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But at some point the client’s mood changes and that’s when the curve starts to drop. The client’s calls and emails get more annoying and belligerent. They start to ask what’s taking so long. They question every line item on your bill. They start to look at the internet and compare you to that flashy lawyer on TV who claim quick, seven figure results. If they are on a monthly payment plan, their payments are starting to become a few days late.
Finally, at the lowest point of the curve, the client stops paying and constantly complains. Both of you can’t stand each other. The client eventually hires another lawyer or tries to go on his own. You spend the next few months wondering whether the potential client will file a bar complaint or a malpractice lawsuit.
I find the client appreciation curve to be useful for several reasons. First, it reminds me of the importance of finishing a client’s case as soon as possible so everyone can move on.
Second, by finding out where I stand in the curve with each client, I can use it to set priorities. It does not necessarily mean choosing the neediest client first. I might focus on a fairly easy case so I can finish it quickly, have a happy client, and charge them accordingly. Or I may need to spend more time on an angry client so I can raise the appreciation curve. Or I may need focus on closing a case where things did not go where we had initially hoped and need to cut our losses.
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Third, if you suspect that you are on the low point on the curve with many of your clients, it may be an indication that you are stretched too thin. Consider cutting back on other activities or hiring additional staff.
Finally, knowing where I stand on the curve can determine when and how much I can get paid. Needless to say, happy clients are more willing to pay you although some will stand by the payment terms both of you agreed to. Less than happy clients may not pay and when they do, they grumble about it.
How do you raise or maintain your standing in the client appreciation curve? By doing good work obviously. But also by giving the client the impression that you are working diligently on their matter. Try to answer questions promptly, provide regular status updates and honor any promises or deadlines you make.
But I think the more important question is how to avoid slipping downward. The best way is to avoid misunderstandings because that is where the client’s confidence begins to deteriorate. Make sure that the client understands from the beginning how the case will proceed, any possible setbacks and the estimated length of time. Also, make sure that the attorney-client contract specifically spells out the scope of the relationship and the potential client understands every term.
Second, don’t give clients the impression that you are ignoring them. Communicate with them regularly. When you want to collect payment, you don’t want the client countering with “What have you done for me lately?”
Also, review their case before contacting them. You don’t want to ask for documents they already sent or forget a conversation you had with them a day before.
Finally, if you are at the lowest point in the client appreciation curve with minimal chances of recovery, it is best to end the relationship as soon as possible before things get worse. Point to the relevant portion of the attorney-client contract where you are allowed to terminate your services. And if the client owes you money, you should consider offering a reduced fee in exchange for payment within a short period of time since they are not likely to pay you the full balance anyway.
The client appreciation curve is a useful tool. You can use it to prioritize clients and get an idea as to which clients to keep and which ones to let go. Staying on top of the client appreciation curve simply requires staying on top of their cases. But this is easier said than done, and if you catch yourself constantly slipping downward, you may need to change the way you practice.
Shannon Achimalbe was a former solo practitioner for five years before deciding to sell out and get back on the corporate ladder. Shannon can be reached by email at [email protected] and via Twitter: @ShanonAchimalbe.