A failure to communicate is key to so many complaints

This article first appeared in The Scotsman on 22 February 2021

Communication is at the heart of so many of the complaints we see – it’s the single most common issue we deal with. It sounds straightforward, but getting key information across to people in a clear way, especially when they are stressed or anxious, or the issue is unfamiliar, can be a real challenge.

For law firms, however, not investing time and effort in client communications can be a costly risk. Even where you’ve done everything right in your legal work, if your communication with your client means they are unaware of material changes to the circumstances of their case, or unable to make informed decisions about the right course of action, then the service you are providing to them could be lacking.

In one recent case, a complainer had not been kept updated by his solicitor when a property purchase was stopped. While our investigation found that the purchase not going ahead was outside the control of the law firm, we did find a failure to keep the complainer fully updated and explain the lack of progress. This meant the complainer had wrongly believed that everything was in order. In that case, the firm and complainer were able to reach an agreed resolution and settlement. However, that failure to communicate still proved costly for the firm in terms of the time taken to respond to and settle the complaint.

It’s a pattern we see all too often. Firms doing sound legal work let themselves down by not taking the time to communicate effectively with their clients. Keeping clients updated, especially when things change, and checking they understand what’s happening is a key tool in preventing complaints. A confused and angry client, with a valid complaint to make about your service is not a risk worth running. Their complaint may well cost you now. Their anger, and all the people they will tell about it could well have unseen implications for your business if friends and family shy away from using your services in future.   

That means it's just good business sense to look at ways of working which can reduce the likelihood of complaints about your communication. You can do this right from the start of your relationship with a client. Set out clear terms of business in accessible language that explains what you will do and how you will do it. Agree how you will communicate with your client. If there are likely to be periods in the transaction where nothing happens, tell your client this in advance, so they won’t worry when they don’t hear from you. Set out clearly how your fees will be calculated, and what could affect them if they are not fixed. This will help your client to anticipate likely costs, and to understand the potential implications of certain courses of action.

Think about what good customer service feels like. Regardless of the product or service we’re purchasing, we all want to feel valued as a customer. When you buy a complex, unfamiliar service you want the seller to take the time to make sure you understand it. Now imagine that you’re stressed or upset about the situation that’s led to you needing this service. Taking the time and effort to communicate well is what will make your client feel like contracting you was the right decision. They’ll likely tell their friends that too.