LawBank Partners with Office of Attorney Regulation Counsel for “The Solo Lawyer’s Guide to Communication, Reasonable Fees and Diligence”
As part of their offered CLE programs to the solo and small law firm community, LawBank hosted a lunchtime presentation on attorney communication, fees, and diligence. The presentation w lawas hosted by Michele Melnick, Assistant Regulation Counsel at Colorado Supreme Court. Michele serves as part of the Trial Division of the Office of Attorney Regulation Counsel (OARC), where she handles cases that have allegations of serious misconduct. She is originally from New York City, has practiced law in New York and Colorado, and has experience with civil and criminal matters.
The Value of Client Communication Basics
To begin the presentation, Michele discussed client communication basics. She shared that many of the 1,300 complaints that OARC receives each year involve communication issues. She referred to Colorado Rule of Professional Conduct (RPC) 1.4, which requires lawyers to communicate with clients and explain matters so that the client can intelligently participate in legal decisions.
To accomplish this, Michele suggests keeping in mind who the client is and their communication style. For example, a lawyer will have to change communication with a child versus a sophisticated adult. Because some cases may take years, Michele also advises writing down what happened immediately after a conversation and to maintain communication records to help demonstrate what occurred.
Michele also suggests setting realistic expectations about case communication at the beginning of representation. For example, it is important to share with the client whether you will primarily be communicating via email or telephone, or the amount of time it typically takes to respond. Attorneys should also have a system in place to respond to client communication if they are not immediately available. Michele stated that a simple way to do this is by delegating to an assistant, paralegal, or another attorney. Another best practice is to initiate client communication to make updates regularly, such as scheduled weekly or monthly calls. Michele shared some real-life examples of communication fails and the suspensions that came along with them.
Attorneys Must Know How Communication Complaints Are Reviewed
When OARC receives communication complaints, the easiest way to determine whether there has been a violation of Rule 1.4 is to review any emails, telephone logs, or written communications maintained by the attorney. OARC will also review records kept by the client. Michele then shared her communication best practices. She advises documenting all client conversations and communications in writing, immediately after they occur, including the date. She recommends then saving the written document in the client file.
Lawyers Should Recognize Unreasonable Fee Issues
Michele then transitioned to billing statements and fees. She referenced Colorado RPC 1.5, which states that a lawyer shall not make an agreement for, charge, or collect an unreasonable fee. She stressed that attorney fees must be objectively reasonable. She then clarified what constitutes a reasonable fee. Colorado RPC 1.5 (a) (1-8) outlines specific factors to determine a reasonable fee for services. Attorneys should reference the rule if any questions regarding reasonable fees arise. Michele discussed new rules around contingency and flat-fee agreements. She recommends reviewing Colorado RPC 1.5, which requires all flat-fee and contingency agreements to be in writing with specific information included.
Lawyers are Required to Act with Reasonable Diligence
The final topic that Michele covered was diligence, including Colorado RPC 1.3, which requires a lawyer to act with reasonable diligence and promptness in representing a client. She shared that reasonable diligence is case-specific, but can include preparing for a court appearance, meeting case deadlines, or other actions. When discussing managing workloads, Michele recommended that lawyers ensure online backup of client files. She also suggested keeping a calendar in two ways—paper and electronic—in case the paper version is lost or the electronic version crashes. Michele then discussed time management and concluded the presentation with a brief question-and-answer session.
If you are interested in joining future presentations, visit the events page to view upcoming programs hosted by LawBank.
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LawBank is the premier shared office community for solo and small law firms. With central locations in Denver and Las Vegas, LawBank offers independent lawyers a collaborative and collegial shared-office environment. For a flat fee, members have access to a variety of workspaces, in addition to CLE programs, networking events, and wellness programming. If you are interested in finding a space where your independent law firm can grow and thrive, contact LawBank today to schedule an in-person or virtual tour.
