Tip:
Highlight text to annotate it
X
When the client signs up with me or any other attorney you send them to, one thing that
you have to know is when the client signs a retainer statement it has to indicate -- and
this something else that will help you justify your fee -- it has to indicate you assume
joint representation of this case. So basically, you've got skin in the game. And even though
you don't handle these cases on a regular basis, your name must appear on the retainer
statement the client signs. This way the client can't come back and say, "I didn't know the
first attorney was going to participate." Well, it's right here. You signed it. It's
in the retainer agreement that you signed. And there will never be an issue with that
but it's something that you need to include in your retainer statement. That's something
we do every single time someone refers a case to us. So always ask that question. Hey, make
sure I'm included on that retainer statement that we're assuming joint representation.
So we talked about rejection letters. In the event you turn away a case or even if I turn
away a case that you referred, we are obligated by law to send them a non-engagement letter
(a rejection letter). And we have to tell them those two things: we can't handle your
case, here's the typical time frame in which you have to file a suit -- it's a general
time frame, there are exceptions -- and we highly recommend you consult with another
attorney immediately. And by doing that, you will protect yourself forever. Now one thing
that you do need to know. When your client -- before, again, before you pick up that
phone or before you send Ms. Jones over to the trial attorney -- you should ask the attorney
or whatever law firm you're sending them to, by the way, do you have a system of communicating
with the client on a regular basis? Do you have a system of communicating with me, the
referring attorney? Many attorneys are going to turn around and say, "What are you talking
about? We let our clients know what's going on every few months. Six months, a year, eight
months -- whatever. Or sometimes a client will track us down, we'll tell them what's
happening." No, no, no. That's not what I'm talking about. You want to be able to send
a client to somebody who's got a system in place who now communicates with the client
on a regular, consistent basis. Do you know what the number one grievance there is in
the state of New York? Lack of communication between the attorney and the client. And by
the way, each one of you should be instituting -- if you haven't already --a policy of consistent
and ongoing communications with your clients. And I don't just mean by email. Make it by
mail, make it by phone, make it by email. Communication is key. And if you now do that
on a consistent basis and the client no longer has to track you down and say, "Mr. Oginski,
I haven't heard from you in 6 months. What's going on with my case?" Remember, the more
that they do not hear from you the more that they think you're not doing anything to help
solve their problem. So, one of the things that I do in my own practice is every single
month I have a personal phone call with every single client. I want to know 2 things during
these personal phone calls. I want to know how you're feeling. What problems are you
still having? What things have improved? Tell me what's happening with your life. What are
you no longer able to do? And at the same time, I'm also letting them know what's going
on legally with their case even if nothing really has changed. The clients love it and
as a communication tool I highly recommend putting in place a system so now you communicate
with them on an ongoing basis -- should be monthly at least. And you should not have
the excuse I have too many clients to do that. That's bull. You owe it to your clients and
you owe it to yourself and your law firm to communicate with these people who entrust
you with their legal problem. Very, very useful stuff. So make sure the attorney has a system
in place. And importantly, make sure that system includes you -- the referring attorney.
Because remember, you now send what could be a valuable case -- profitable case -- to
this law firm. You want to know what's happening as well, instead of having to call the client
and having to say, "Hey. Did you get a call from Mr. Oginski or his office?" You want
to know directly from the lawyer what's happening and again you don't want to be chasing down
the attorney every couple of months saying tell me what's going on. You want that communication.
Make sure the attorney you're sending them to has that line of communication. And it's
very easy to do but not a lot of people put it in place because it's too troublesome to
do that. Okay? It's very, very useful to do that.