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Controlling Chaos

August 22, 2015 Leave a Comment

Practice Pointer: Controlling Chaos
by JoAnne Musick

If your practice is like mine, chaos can easily take over. Each client’s question is the most important question in the world…to him. Sure it’s important to you as well, from a representation perspective, but you must manage the chaos before it takes over.

  1. Set Priorities

Do you really need to read every email as it comes in? Not likely. Turn off email alerts on your phone! Every alert draws your attention away from the task at hand. Minimize the alerts and minimize the distractions. Email can be a priority, but set a time for it to be the priority rather than all day and all night.

  1. Calendar

Follow a calendar: paper or electronic. Make sure every appointment and appearance is recorded. Schedule time for emails. Schedule time for phone calls. Schedule time for research and case review. The more you schedule the more you realize just how busy you are and how productive you can be.

  1. Electronic Files?

Paper is just fine. Create a file for every client. Keep track of everything you do. Make notes about conversations with prosecutors and clients. Keep a running list of things to do. Follow a checklist to make sure you aren’t forgetting something. Do you need a paperless office? Maybe, maybe not. If you have time, scan everything. Get a Dropbox or similar online storage and place only current files in it. Then you will have access from your smartphone or tablet anywhere, anytime. Once a file is closed, consider scanning its entire contents for storage. Electronic storage is must easier than warehouse space; just make sure you have adequate backup systems in place so you don’t lose your electronic file.

  1. Face the Music

Clients get mad. Clients get aggravated. Clients blame you when they don’t get the plea offer they want. Instead of becoming defensive or avoiding, call the client or schedule a meeting. Review the process and options. Before speaking though, give the client an opportunity to talk or even vent. Sometimes they just want to be heard.

  1. Make a List

Keeping a “to do” list is simple and effective. It can be written or electronic. I’m currently using Evernote to keep a master list of general items plus categorized lists for specific projects. Having a list helps you set goals for getting tasks done and helps you visualize the priorities. Anything not done today gets done tomorrow!

Filed Under: clients, Defender, practice pointers Tagged With: attorney-client relationship, chaos, clients, communication, criminal defense, criminal defense practice, harris county, hccla, joanne musick, practice pointer, running an office

Practice Pointer: Reinforce Information for Your Client

June 9, 2015 1 Comment

by JoAnne Musick

Client communication is key! You must communicate with your client regularly so that they will know what is happening and so that you can answer any questions they have. Because criminal lawyers spend a great deal of time communicating in person (with frequent court settings, visits at the jail, telephone calls, etc.) you end up sharing a great deal of information verbally with your clients. Often, clients become confused about what you have relayed or they simply cannot remember it all due to the stress of the situation and the volume of information they must process. The question becomes how do you reinforce the information for your client?

Simply, you do so with written correspondence. It is important to provide your client with as much information as possible so that your client can make appropriate and informed choices about his or her case. Think about all the information you share with your client in a typical case: the offense as charged, the punishment range, possible enhancements, possible defenses, summaries of evidence, witness information, collateral consequences (ALR, occupational licenses, ability to seal or expunge, sex offender conditions, immigration consequences, family consequences, employment consequences, firearm possession rules, and so much more). How can your client remember and process all of this information following that 30 minute jail visit? How can your client explain some of these to family when they seek family advice on how to proceed?

Provide your client with written guidelines. Cheat sheets if you will. You can create a general “how to” page on getting an occupational license and/or reinstating a suspended license. You can create a general “informational” page on the ability to seal or expunge records. You can create a general “how to protect attorney-client privileged information” guideline to warn your client about talking to others, especially in the jail. There are many general information categories that apply. Create “cheat sheets” or general information sheets to hand out to your clients to reinforce some of this common information. Think of it like FAQs. You know the questions clients routinely ask you. Start a list, create a handout or two, and get these into your client’s hands.

Additionally, when you convey important information about your client’s case directly to him or her, follow that up with a written letter that summarizes your conversation. Yes, it takes time, but it’s about helping a client. When there is a plea bargain on the table and a timeline for accepting or rejecting it, send a letter to your client reminding him or her. When you need a list of witnesses for guilt/innocence or punishment/mitigation, send a letter reminding your client to get that information to you timely. And, most importantly, when your client disregards your advice, send a letter stating what your advice is and that he or she has declined to follow that advice which could result in certain consequences. This is about keeping the client informed and making sure you have a file of what you have or have not shared with your client.

Add correspondence to your case “checklist” and make sure you are providing information to your client. The correspondence might even include a “welcome letter” and a “closure letter”. Send your client a welcome letter upon representation, something that spells out your scope of representation, how they can best contact you, your typical schedule for returning calls or letters. Send a follow up when you have the details of the charge explaining the offense and its range of punishment. Send plea offers. And finally send a closure letter to let them know where to go from here, i.e. when they might be eligible to seal or non-disclose their records, how to proceed on probation, what to do if they encounter problems or have questions, and thank them for entrusting you.

Anyway, you get the point. There are many things you can do to reinforce the information you provide to your client. Just start with the basics and get in the habit of providing more information to your client.

Filed Under: Defender, practice pointers Tagged With: attorney-client relationship, client, communication, criminal defense, joanne musick, practice pointer

Practice Pointer: Communicating with Clients

June 9, 2015 Leave a Comment

By: Nicole DeBorde

A client who feels they have access to you is generally a happier client.  Even if you are working feverishly on your client’s case, he has no way to appreciate your hard work if you are not communicating your efforts and work to him.

That said, separately updating mothers, sisters, girlfriends, aunts and cousins can lead to significant misunderstandings.  The best practice is to get written permission to communicate about a client’s case from the client.  This permission should be specific as to the person with whom communication is allowed.  Even if a client gives a lengthy list of people who can discuss the case with me, I limit my conversations to a person designated by the family as a spokesperson for the family.

I always invite the client to call or make an appointment to come in whenever they feel it is helpful or necessary to discuss the case.  When the accused is in jail, accepting collect calls is usually helpful.  I always stress to the client that the calls are recorded, but often times the calls are questions about court dates or other basic procedural matters.  If a client has a more specific question, comment or concern that needs to be discussed in person at the jail and we arrange a jail visit.  For federal clients in custody, I invite them to set up a Corrlinks account so that we can correspond by email on non-sensitive matters.  Clients are typically very grateful for a lawyer’s accessibility, and sometimes just knowing the lawyer is available to answer questions cuts down on anxiety.  I make it a point to call clients back the same day or the next day at the latest whenever possible.  This includes while I am in trial even if it means returning the calls by cell phone in the evening. Clients who are not called back promptly will take it personally and feel mistreated.  Promptly returning calls is great for future business as well as keeping the clients you have happy. Far too many State Bar disciplinary cases are the result of failure to communicate with a client.  This is a very easy problem to avoid.

Sometimes, I run into a client who is insistent on doing the opposite of what I am advising or who asks the same questions repeatedly as if the questions have not ever been addressed.   In these circumstances, I will write down the information in a letter and even sometimes have the client initial my copy of the letter.  This is NOT something I file in court.  It is a document for my file and for the client to have something they can refer to if they are having trouble remembering what was discussed.  Sometimes having the information to read helps significantly when a client has had difficulty either believing or understanding information.

Many client-lawyer disagreements can be avoided with simple communication.  Taking the time to make sure the client’s questions are answered is always worth it – for the lawyer’s peace of mind and the client’s.

Filed Under: Defender, practice pointers, Public Trust Tagged With: attorney-client relationship, clients, communication, lawyers, practice pointer

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