Congratulations to all our newly minted lawyers. As you embark on your legal career, I wanted to take this month’s “Ask the Underwriter” to offer communication tips for young lawyers to help avoid trouble, in particular, bar complaints.
My tips on communication for young lawyers are based on my own experiences and interactions.
I was recently at a bar function and had the opportunity to talk with a fellow attendee who happened to have been a bar grievance intake paralegal for the bar at one point in her career. She told me that over the years she was involved with the intake process, she believed that at least 50% of the complaints could have been avoided had the lawyer simply picked up the phone and returned the client’s call. This almost exactly mirrors a conversation I had last year with an intake paralegal from another state bar.
Alabama Rules of Professional Conduct Rule 1.4(a) and Tennessee Rules of Professional Conduct Rule 1.4(a)(3) and (4) say that a lawyer shall keep the client reasonably informed about the status of their matter and promptly comply with reasonable requests for information. To minimize the chances of trouble down the road, set the expectation of your communication with the client at the outset of the representation. Tell the client how and when you will update them on their case. Let them know there will be periods of no activity in their case. And then follow through.