Herbert Smith Freehills' Rigotti: what they don't teach you at law school – how to deal with difficult clients
HSF co-chief executive Mark Rigotti on the importance of taking the time to understand what your client wants
March 18, 2015 at 08:06 PM
3 minute read
We all think we know the stereotype of the difficult client. They can hold very strong opinions; tend to interrupt rather than listen; want to debate their view rather than take advice; make unreasonable demands on time and turnaround of documents – and so the list goes on. Although the stereotype rarely extends to all of these elements at the same time, aspects of it can emerge in any situation or with any particular individual client.
So, what can you do about it? In my experience, what they don't teach you at law school is that rarely are things so clear cut. It is in our power as client advisers to influence situations that seem difficult and change the outcome. At Herbert Smith Freehills we try to build our thinking and our behaviour around some key principles:
1. Listen to the client
It sounds obvious but often the fault lies with the lawyer, not the client. Taking the time to really understand what the client wants and needs – and the pressures they are under – can be helpful in winning them over. This will give you time to formulate your advice, and ultimately can be critical in enabling you to deliver a valuable service to the client.
Difficulties can arise when clients feel that you don't understand their point of view. Put simply, can you really blame a client who gets upset if you serve them with a double macchiato when they asked for green tea? Maybe we just didn't listen hard enough.
2. Remember clients are people too
Organisations are made up of people with a multitude of views and experiences, and it is these people who we service providers interact with and who determine how we experience the broader organisation. Take some time to understand the context and the person who is the client.
Clients have dreams, aspirations, anxieties, worries and pressures as well. It's
easy to forget that clients have an emotional investment in their legal matter. Put yourself in their shoes – it gives you a real chance to nuance the way you interact with the client.
3. Assume positive intent and adopt the right attitude
Our role is to serve our clients and meet their needs. It is not to argue with them. We need to solve their problems or contribute to the solution to the commercial puzzles they have. Assuming that a client is looking for your help and guidance and not deliberately looking to challenge you will take you a long way towards doing what it is that the client needs.
4. Focus on the experience, and the advice
Sometimes we get wrapped up in the intellectual complexity of the advice we provide. Technically correct and rigorous advice is critical – but so too is the way a client 'experiences' the service. I have observed some great lawyers who blend the two dimensions – delivering great advice and providing wonderful service and an excellent experience to the client.
I am sure there are many more guiding principles, but experience and observation suggest that, while these skills are not learned at law school, they are all clearly present in successful practices.
Mark Rigotti is joint chief executive of Herbert Smith Freehills.
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