CRO case study

by Mary McGowan

Client Communication Practice Rules should reduce the number of complaints caused by ineffective communication

The Journal, September 2005, page 34

Ineffective communication is the root cause of many complaints; however, the new Client Communication Practice Rules aim to improve communication between solicitors and clients. Solicitors and clients must now agree in writing key pieces of information at the outset of any work or transaction to be carried out, with a few exceptions.

The rules codify what has increasingly become commonplace in most solicitors’ practices. The growing use of letters of engagement in recent years has significantly reduced what used to be common complaints.

One of those was a dispute over what fee was agreed at the outset, sometimes in the heat of the moment. It was difficult to adjudicate on a complaint where evidence of the discussion was produced on a scrap of paper in a file or on the note of a telephone call when the client was distressed or excited.

The Rules are also designed to avoid other common concerns such as who is going to carry out the work, who is the supervisor, and who will try to resolve any problems that arise.

Communication is the key theme of Caroline Flanagan’s presidential year. It makes good business sense to build on the initial positive contact between a solicitor and client with the letter of engagement and effective communication tools throughout the transaction. Not only will you keep the client happy, you will avoid a lot of unnecessary, unpaid work and future misunderstandings. Also, the client may well come back to you for future business and could recommend you to others.

Mary McGowan, Client Relations Office (0131 476 8172)