The document discusses effective strategies for communicating with clients. It emphasizes selecting communication methods based on building relationships rather than just convenience. For routine updates, email or texting is fine, but clients should expect phone calls for complex questions or bad news to avoid inefficient exchanges. The best approach is discussing communication preferences upfront and being available to clients to build trust and keep them informed throughout the case. Chronic avoidance can damage relationships and become procrastination, so lawyers should reflect on why they select inconvenient methods and seek help from assistance programs if needed.

1. The Continuum of Client Communication
We communicate with clients along a continuum – using emails, texts, letters, phone calls, video
conferences, and in-person meetings. When selecting a communication medium, what drives your
choice? Do you select a communication method that is convenient for you, convenient for the client,
inconvenient for the client, or best for building and supporting your relationship with the client?
When Your Convenience Determines How You Communicate
Choosing a communication medium that is most convenient for you is understandable. Odds are
you’re busy, maybe overwhelmed. You have information to convey and want to pass it along to the
client quickly and easily. More likely than not, you’ll fire off an email, maybe a text, or post a
document and notify the client to login to your secure client portal.
 This is perfectly fine if the information you have to convey is cut and dried: not controversial,
unexpected, upsetting, or likely to provoke a series of questions.
 For best results, prime clients at the first client meeting. Let them know to expect emails, texts,
etc. when you have routine information to convey.
When Client Convenience Rules Communication
Some might argue this should be the gold standard 100% of the time: choose the communication
method the client prefers or finds most convenient.
While I understand the spirit behind this point of view, it ignores some important realities. Consider
this typical scenario: Client sends you a question by email or text, but is unclear in what she is asking
or leaves out key details. In the name of letting the client control the means of communication, you
can:
 Begin an inefficient exchange of messages in an attempt to clarify the question.
 Spend an inordinate amount of time “issue spotting,” then answer every conceivable
variation of the client’s real question.
Have I made this mistake? Yes, indeed. But the goal here is to do better. Neither of these choices
is a good way to go.

2.  Client convenience/preference can rule when you have straightforward information to
convey. [Spot a theme here?]
 If the client is being murky, don’t text or email. Pick up the phone. You’ll get to bottom of
the real question far more quickly. Send back a quick message: “Let me call you to discuss
this. Is 2:00 p.m. a good time?”
Purposely Choosing a Communication Method that is Inconvenient for the Client
If we’re being truthful, most lawyers have done this at one time or the other. You leave a voicemail
at home because you know the client is at work. You send an email late at night when the client is
likely to be sleeping. You mail a letter instead of picking up the phone to talk.
Avoidance, much?
If you occasionally choose a means of communication that avoids contact with your clients, don’t
worry about it. You might legitimately go this route to simply get something done. [Your
convenience is driving how you communicate.]
But if you find yourself avoiding clients (plural) repeatedly (chronically), stop and reflect. Most
lawyers who choose an “avoidance” means of communication are doing it because:
 They anticipate the client will be unhappy about whatever information it is they have to
convey – or –
 The client is already unhappy [which could be reasonable or unreasonable]
Chronic avoidance can become chronic procrastination, which is a no-win for everyone. Lawyers
who repeatedly procrastinate are anxious, stressed, and sometimes depressed. They find it impossible
to break the self-perpetuating cycle of avoidance: as clients become more and more unhappy because
the lawyer isn’t communicating, the lawyer retreats even more – not checking email, not opening
postal mail, allowing voicemail to fill up, not reading texts.
If you see yourself going down this path, or if you are looking for resources and advice on how to
communicate bad news to clients, help is only a phone call away. Contact the Oregon Attorney
Assistance Program. Assistance is free, confidential, and non-judgmental. Outside Oregon? There
are national hotlines and lawyer assistance programs in other states.

3. Communicating in a Way that Builds and Supports Client Relationships
At the risk of revealing my bias, this is the sweet spot where you should strive to be. So
before talking on the phone really does become a lost art, try to cultivate a “relationship” approach
when you communicate. Follow these guidelines:
 Talk about communication at your initial client meeting. Let the client know what to expect
and set the tone.
 My goal is to keep you informed at all times during your case. I will email (upload)
routine updates and documents.
 If you have a question, feel free to call (text, or email) me. I set aside (mornings)
(afternoons) to return calls and messages.
 If the answer to your question is complicated, or if I need more information to give you
an answer, I may ask to set up a telephone or video conference.
 I like to meet with clients in person to (talk about settlement offers, prepare for
deposition, prepare for trial, etc.) If you want to meet in person, feel free to (call my
assistant or me) any time to set up an appointment.
 You are welcome to drop off documents (any time, after 1:00 p.m.). If you want to talk
(leave me a note or speak to my assistant so we can schedule a time to meet).
 Consider the information you need to convey and remember your goal in
communicating: you’re trying to build and support a better client relationship.
 Convey bad news in person, by video conference, or over the phone.
 Discussing something complicated? Use the same approach.
 Is your client prone to anxiety? Do you anticipate the client will have a host of
questions? Ditto on the approach.
Potential Legal Malpractice
If you’re an Oregon lawyer, call the Professional Liability Fund at 1-800-452-1639 and ask to speak
to an on-call claims attorney in any of the following circumstances:
 You believe you committed malpractice
 The client is threatening to sue or is asserting you malpracticed
 You are served with a summons and complaint

4. Firing a Troublesome Client
Sometimes the communication issue really boils down to the fact that you need to fire your
client. Read more about firing clients here. Carefully review “Withdrawal from Litigation: Client
Confidences,” OSB Formal Opinion 2011-185, Scott Morrill, Breaking Up Is Hard to Do: How to
End a Relationship, Part II, and Helen Hierschbiel, Tying Up Loose Ends: How to End a
Relationship.
[All Rights Reserved 2016 Beverly Michaelis – Published June 27, 2016 at
www.oregonlawpracticemanagement.com]
Postscript
For another twist on the subject of client communication, see Linn Davis, Good
Communications: Keeping Clients and Ethical Obligations Satisfied.