Join the conversation There are no simple answers in law—but that doesn't mean clients won't ask what they think are simple yes-or-no questions. Legal answers are inherently complex. Yet, when your responses amount to immense legal briefings, clients often feel intimidated and confused—which can be fertile ground for costly miscommunications. In fact, 36 percent of legal malpractice claims have been attributed to miscommunications and delays with clients. The question is: How can you find ways to bridge the communication gap with clients? Join Alli Gerkman, Director of Educating Tomorrow’s Lawyers at the Institute for the Advancement of the American Legal System, and Joshua Lenon, Clio’s own lawyer in residence, as they look at how lawyers can lead clearer, more respectful client conversations. In this one-hour, CLE-accredited1 session, you’ll learn: How to better demonstrate integrity and trustworthiness How to express genuine courtesy and respect How to build rapport with more attention and respect The benefit of responding promptly to inquiries and requests

1. #ClioWeb
The Whole Lawyer:
Professional Communication
Seven Steps to Going Solo
Bridge The Communications Gap With Clients

2. #ClioWeb
Instructors
Joshua Lenon
• Lawyer in Residence at Clio
• Attorney Admitted in New
York
• @JoshuaLenon

3. #ClioWeb
Instructors
Alli Gerkman
• Director, Educating
Tomorrow's Lawyers
• Attorney Admitted in
Colorado
• @AlliGerkman

4. #ClioWeb
Agenda
• Foundations for Practice study (15 minutes)
• Professional Communications (35 minutes)
–Integrity and trustworthiness
–Listen attentively and respectfully
–Promptly respond to inquiries and requests
–Treat others with courtesy and respect
• Questions (10 minutes)

5. #ClioWeb
FOUNDATIONS FOR PRACTICE STUDY

6. 9
© 2016 IAALS – Institute for the Advancement of the American Legal System.
9
Alli Gerkman
Director, Educating Tomorrow’s Lawyers

7. 10
© 2016 IAALS – Institute for the Advancement of the American Legal System.
10
www.foundationsforpractice.com
Twitter: @AlliGerkman
Email: Alli.Gerkman@du.edu

8. 11
© 2016 IAALS – Institute for the Advancement of the American Legal System.
40%
Percentage of 2015 law graduates who did not land full-
time employment requiring bar passage
Credit: ABA Employment Survey

9. 12
© 2016 IAALS – Institute for the Advancement of the American Legal System.
30%
Percentage of 2015 law graduates who did not land full-
time employment recognizing law degree
Credit: ABA Employment Survey

10. 13
© 2016 IAALS – Institute for the Advancement of the American Legal System.
25%
Percentage of 2015 law graduates who did not land full-
time employment (including professional and non-
professional)
Credit: ABA Employment Survey

11. 14
© 2016 IAALS – Institute for the Advancement of the American Legal System.
71%
Percentage of third-year law students who believe they
have sufficient skills to practice
Credit: BARBRI, State of the Legal Field Survey

12. 15
© 2016 IAALS – Institute for the Advancement of the American Legal System.
45%
Percentage of law professors who believe new lawyers
have sufficient skills to practice
Credit: BARBRI, State of the Legal Field Survey

13. 16
© 2016 IAALS – Institute for the Advancement of the American Legal System.
23%
Percentage of practitioners who believe new lawyers
have sufficient skills to practice
Credit: BARBRI, State of the Legal Field Survey

14. 17
© 2016 IAALS – Institute for the Advancement of the American Legal System.
1. Identify the
foundations entry-
level lawyers need
2. Develop
measurable models
of legal education
that support those
foundations
3. Align market
needs with hiring
practices to
incentivize positive
improvements

15. 18
© 2016 IAALS – Institute for the Advancement of the American Legal System.
The number of states that distributed the
survey
37

16. 19
© 2016 IAALS – Institute for the Advancement of the American Legal System.
24,137
The number of valid responses to the
survey

17. 20
© 2016 IAALS – Institute for the Advancement of the American Legal System.
147
The number of foundations we asked
about

18. 21
© 2016 IAALS – Institute for the Advancement of the American Legal System.
Initiative
Identify relevant facts, legal
issues
Make decisions and deliver results
Conduct and defend
depositions
Critically evaluate
arguments
Diligence
Integrity and trustworthiness
Work as part of a team
Listen attentively and respectfully

19. 22
© 2016 IAALS – Institute for the Advancement of the American Legal System.
Initiative
Identify relevant facts, legal
issues
Make decisions and deliver results
Conduct and defend
depositions
Critically evaluate
arguments
Diligence
Integrity and trustworthiness
Work as part of a team
Listen attentively and respectfully

20. 23
© 2016 IAALS – Institute for the Advancement of the American Legal System.
Short
Term

21. 24
© 2016 IAALS – Institute for the Advancement of the American Legal System.
Short
Term
Over
Time

22. 25
© 2016 IAALS – Institute for the Advancement of the American Legal System.
Short
Term
Over
Time
Advantageo
us

23. 26
© 2016 IAALS – Institute for the Advancement of the American Legal System.
Short
Term
Over
Time
Advantageo
us
Not
Relevant

24. 27
© 2016 IAALS – Institute for the Advancement of the American Legal System.
77
The number of foundations identified as “Necessary in
the Short Term” by 50% or more of the respondents

25. 28
© 2016 IAALS – Institute for the Advancement of the American Legal System.

26. 29
© 2016 IAALS – Institute for the Advancement of the American Legal System.
The Whole Lawyer

27. 30
© 2016 IAALS – Institute for the Advancement of the American Legal System.
1. Keep information confidential
2. Arrive on time
3. Honor commitments
4. Integrity and trustworthiness
5. Treat others with courtesy and respect
6. Listen attentively and respectfully
7. Respond promptly
8. Diligence
9. Strong work ethic
10.Attention to detail
11.Conscientiousness
12.Common sense
13.Intelligence
14.Research the law
15.Take individual responsibility
16.Emotional regulation/self-control
17.Speak professionally
18.Strong moral compass
19.Write professionally
20.Exhibit tact and diplomacy
Foundations for Practice

28. 31
© 2016 IAALS – Institute for the Advancement of the American Legal System.
1. Keep information confidential
2. Arrive on time
3. Honor commitments
4.Integrity and trustworthiness
5.Treat others with courtesy and
respect
6.Listen attentively and
respectfully
7.Respond promptly
8. Diligence
9. Strong work ethic
10.Attention to detail
11.Conscientiousness
12.Common sense
13.Intelligence
14.Research the law
15.Take individual responsibility
16.Emotional regulation/self-control
17.Speak professionally
18.Strong moral compass
19.Write professionally
20.Exhibit tact and diplomacy
Foundations for Practice

29. 32
© 2016 IAALS – Institute for the Advancement of the American Legal System.
Integrity/Trustworthiness

30. 33
© 2016 IAALS – Institute for the Advancement of the American Legal System.
Integrity/Trustworthiness
Firms, 1-10All Respondents

31. 34
© 2016 IAALS – Institute for the Advancement of the American Legal System.
Courtesy and Respect

32. 35
© 2016 IAALS – Institute for the Advancement of the American Legal System.
Courtesy and Respect
Firms, 1-10All Respondents

33. 36
© 2016 IAALS – Institute for the Advancement of the American Legal System.
Listen attentively

34. 37
© 2016 IAALS – Institute for the Advancement of the American Legal System.
Listen attentively
Firms, 1-10All Respondents

35. 38
© 2016 IAALS – Institute for the Advancement of the American Legal System.
Promptly respond

36. 39
© 2016 IAALS – Institute for the Advancement of the American Legal System.
Promptly respond
Firms, 1-10All Respondents

37. 40
© 2016 IAALS – Institute for the Advancement of the American Legal System.
40
www.foundationsforpractice.com
Twitter: @AlliGerkman
Email: Alli.Gerkman@du.edu

38. #ClioWeb
PROFESSIONAL COMMUNICATIONS

39. #ClioWeb
BE TRUSTWORTHY

40. #ClioWeb
Nobody wants to read about the
honest lawyer down the street
who does real estate loans and wills.
- John Grisham

41. #ClioWeb
What potential clients look for when hiring an attorney
• Rapport
• Presentation
• Past Results
• Perception of competence
• Convenience
• Identification
• Aggressiveness
• Costs
• Trust
Source: LawLytics, June 2, 2015

42. #ClioWeb
Rule 4.1: Truthfulness in Statements to Others
In the course of representing a client a lawyer shall not
knowingly:
(a) make a false statement of material fact or law to a third
person; or
(b) fail to disclose a material fact to a third person when
disclosure is necessary to avoid assisting a criminal or
fraudulent act by a client, unless disclosure is prohibited by
Rule 1.6 [Confidentiality].

43. #ClioWeb

44. #ClioWeb
Lawyers are Somewhat Trusted
80% trust Doctors to tell the truth
70% trust Teachers to tell the truth
42% trust Lawyers to tell the truth
Source: UK Legal Services Board

45. #ClioWeb
Further Trust Rules
• Rule 3.3 Candor toward the Tribunal
• Rule 7.1 Communication Concerning a Lawyer's Services

46. #ClioWeb
LISTEN LIKE A PRO

47. #ClioWeb
Listen like a Pro
Active Listening Steps
1. Pay attention
2. Show that you’re listening
3. Provide Feedback
4. Defer judgement
5. Respond appropriately

48. #ClioWeb
36 percent of malpractice claims
filed between 1997 and 2007 were attributed
to miscommunication and delays with clients.
Source: LAWPro

49. #ClioWeb
More than 4,200 communications claims
—an average of 711 a year—
were reported to LAWPRO between 2005 and 2010.
The total cost of these claims to date?
Roughly $150 million
Source: LAWPro

50. #ClioWeb

51. #ClioWeb
Listening to Clients = Revenue
• Only 58% of law firms conduct client feedback.
• Firms acting on feedback generate 2.7 times more:
–revenue generation
–client retention
–year-over-year growth.
Source: BTI Consulting Group, “Firms Acting on Client Feedback Perform 2.7 Times
Better Than All Others,” 03/12/2014

52. #ClioWeb
RESPOND PROMPTLY

53. #ClioWeb
Rule 1.4: Communications
(a) A lawyer shall:
(1) promptly inform the client of any decision or circumstance with respect to
which the client's informed consent, as defined in Rule 1.0(e), is required by
these Rules;
(2) reasonably consult with the client about the means by which the client's
objectives are to be accomplished;
(3) keep the client reasonably informed about the status of the matter;
(4) promptly comply with reasonable requests for information; and
(5) consult with the client about any relevant limitation on the lawyer's conduct
when the lawyer knows that the client expects assistance not permitted by the
Rules of Professional Conduct or other law.

54. #ClioWeb
Rule 1.4: Communications
[1] Reasonable communication between the lawyer and the
client is necessary for the client effectively to participate in the
representation.
[7] …A lawyer may not withhold information to serve the
lawyer's own interest or convenience or the interests or
convenience of another person…

55. #ClioWeb

56. #ClioWeb
Manage Communication Expectations
As part of client intake, communicate in writing
• When you're available, and how to contact you
• How soon to expect a response
• How to send you information when you're not available

57. #ClioWeb

58. #ClioWeb

59. #ClioWeb

60. #ClioWeb

61. #ClioWeb
TREAT OTHERS WITH COURTESY AND RESPECT

62. #ClioWeb

63. #ClioWeb

64. #ClioWeb
Rule 8.4: Misconduct
(g) engage in conduct that the lawyer knows or reasonably
should know is harassment or discrimination on the basis of
race, sex, religion, national origin, ethnicity, disability, age,
sexual orientation, gender identity, marital status or
socioeconomic status in conduct related to the practice of law.

65. #ClioWeb
You don’t have to be rude
to be a good lawyer.

66. #ClioWeb
FURTHER RESOURCES

67. #ClioWeb
Further Resources
• 3 Ridiculously Easy Ways to Power Up Client Communications
– https://www.clio.com/blog/power-client-communications/
• Listen Like a Lawyer Blog
– https://listenlikealawyer.com/
• Clio’s Communication Intake Checklist
– In your email follow up

68. #ClioWeb
QUESTIONS

69. #ClioWeb
Thank You
Joshua Lenon
joshua@clio.com
@JoshuaLenon
Linkedin.com/in/joshualenon
1-888-858-2546
Colin McMahon
Linkedin.com/in/colinmcmahonclio
Support@clio.com
Support.clio.com
www.youtube.com/user/ClioVideo