It’s good to talk if you want to get the best outcome

Last week I was delivering training to new law firm partners about complaints. It’s fair to say it’s rarely anyone’s favourite topic. But it’s always positive when the conversation focuses not just on what went wrong and how to fix it, but also on how to provide good service in the first place.

And of course, while complaints can sometimes feel negative, they should prompt learning and reflection to help make positive improvements to the service provided in future. That’s what consumers making complaints expect and how good businesses grow and thrive.

In the case study the group were discussing, a solicitor had delayed passing on crucial information to his client about an offer despite a tight deadline for acceptance. This led to a hurried call at a time that wasn’t convenient for the client, meaning a rushed decision and ultimately a poor outcome. The frustrating thing about it is that not only was this completely avoidable, but that it’s also something we see all too often in complaints. Solicitors juggling multiple clients and deadlines can easily find that time vanishes, meaning they have to rush clients through important decisions. 

What I heard in the group’s discussion though was really heartening because they talked about how good communication could not only have avoided the complaint, but could have provided a much better service for the client.

For example, a solicitor should be sharing key information with their client at the earliest possible opportunity to allow them to consider it and think about how they’d want to respond. That doesn’t mean just sending information on, but also taking the time to highlight key issues for consideration, provide advice on options and make reasoned recommendations for action. It also means making sure there’s an opportunity to discuss the information with the client, to answer their questions and to explore their response. This is especially important when timings are tight.

Doing that also helps to achieve another key responsibility for a solicitor – taking clear instructions from their client. There’s significantly less chance of a client being able to give clear instructions if they are confused about the options open to them or their implications. Taking the time to make sure that all the relevant information has been received and understood is key.

The group also identified a key human blind spot – assuming other people know things that appear obvious to us. It’s so easy when you work within a process or sector to assume that all of its norms, jargon or rules are evident and well understood. But that’s just not the case. Most people will only have to deal with legal issues infrequently and are unlikely to know what issues might arise.

So it’s incumbent on solicitors to take responsibility for explaining, checking understanding and providing advice and guidance to help their clients to make informed decisions. Doing so will give a client the opportunity to think through their options, test their thinking and ultimately feel confident in the decision they make. It should also give the solicitor the confidence that they have a clear understanding of the client’s instructions. Ultimately, when that mutual confidence underpins the relationship, any issues that come up can usually be resolved easily without having to resort to complaints.