Great service from law firms? Mystery shoppers aren't buying it

Poor treatment of would-be clients by law firms suggests that new systems and training is essential to ensure that opportunities for new work are not lost, writes Kriss Will.

A recent survey from law firm consultancy CXINLAW used the mystery shopper method to gain insights into how law firms responded to contact from would-be new clients. Given that law is a ‘professional services’ business, the service the secret shoppers reported they received was less than professional – and, in some cases, would be better described as being ignored rather than being served.

As reported at the ALPMA Summit in September and in the legal press since, the results are quite damning, with only 22 per cent of mystery shoppers feeling that they would promote the firm after their initial contact. Forty-five per cent were ambivalent and 33 per cent were rated as “detractors”; those people who were left feeling unhappy after the first contact, and likely to share this negative experience with others.

By way of example, when the prospective client’s call was connected to a lawyer, 86 per cent of lawyers’ introductions were rated as poor, with 84 per cent failing to state their role or practice area, and 52 per cent not even asking for the caller’s name. To be clear, just over half the lawyers who took the incoming calls failed to even ask the would-be client’s name. And 40 per cent of lawyers’ who took these calls were assessed as communicating with the prospective client in a tone that indicated the call was an inconvenience.

When assessing the closure of the conversation, 94 per cent of the lawyers contacted failed to outline what the caller could expect as a result of the conversation, greatly reducing the likelihood the inquiry would convert to an actual legal engagement.

But these are intelligent people who know the value of new client work …

Yes, but they are also people who are often not trained in attracting and developing new client work. I do not know the reasons why lawyers (and support staff) performed so poorly in this survey, but I am willing to suggest a few hypotheses:

• an unplanned call is viewed as an interruption, not an opportunity;
• the busyness of the day to day gets in the way of making good choices about interactions; and
• lawyers and support staff have not been trained in a default ‘good approach to taking a new client inquiry’.

I do not think these failures indicate a lack of ability or lawyers’ arrogance – I think it shows a lack of focus on service as part of everyday interaction with law firms, not just as slogans or special offerings in legal tenders.

Back to basics

With all the discussion about the need to ensure a good client experience as well as a good legal service, these results indicate that there is a need to go back to basics. We have a range of sophisticated frameworks to explain the expectations of lawyers across their career. Competency maps would all include statements which address ‘good client service’.  Standard job descriptions will include ‘communicate professionally’. We have a range of tools to assess people’s performance as supervisors and managers and to provide constructive feedback. Everyone is busy at one level, but many are also keen for new work, too. Has the busyness of the day to day drained the service focus of many lawyers? Here are a few suggestions that might assist busy lawyers to develop or regain their service mojo.

1. Provide a culture whereby every caller is regarded as an opportunity to deliver a needed legal service

Mangers should get discussions going about clients and the importance of service from the very first interaction. Having a culture of service is not just a skillset, it is also a mindset. Ensure there is a crystal-clear mindset within a firm that today’s and tomorrow’s clients are very important to the business and need to be treated as such.

2. Ensure everyone completes basic communication skills training

Teach people to focus on the calls to ensure they sound like they care, present as a competent professional and leave the caller with the impression that they were helpful. This type of training includes focusing, managing tone, listening skills, using helpful language (for example, ‘and’ instead of ‘but’), being able to establish rapport beyond the factual information and knowing the relevant questions to ask to ascertain the caller’s needs. And remember, this training is not just for reception – all staff who may interact with clients need to be included. Support staff did not rate well in the CXINLAW research

3. Provide new client-enquiry training

Have a standard reception process for receiving these calls and taking general information to pass on to the lawyer when putting the call through. If the lawyer is too busy to concentrate on the call at that time, make an arrangement for a return call and ensure the lawyers are committed to these. Use the skills of your knowledgeable and friendly support staff. One family law firm I know has a legal assistant take all new enquiries because she is able to professionally and calmly listen and extract the information required to ensure the lawyer who makes the return call has a good overview of the person’s needs.

Ensure all lawyers are trained in how to engage with would-be new clients who call in, from taking down the basic details to following through. This will naturally include asking for the caller’s name (if this has not already been passed on by a receptionist) and also using the caller’s name in the discussion. It will also include who will do what next. A skilful person will also offer options when appropriate, giving the potential client some choice and control over their purchasing decision. For example, if the call is about a new will, then you may offer a standard consultation package, or a fee for service if it is more complicated.

Where to start?

A simple starting point is to read the report, ask your staff to read the report, and start a conversation about service and client expectations.   You can find the full report here.

Kriss Will is a law firm management consultant and the founder of Kriss Will Consulting. She can be contacted at kriss@kwillconsult.com.au.