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Professionalism & ethics Committee Chairs : DebbieBaker – LondonBakerLaw , P . A . & SheltonBridges – BridgesLawGroup
weoftenpresumewe ’ re goodcommunicators withoutcheckingwith ourclientsandcolleagues toseeifwe ’ reright .
Rule 4-1.4 of the Rules Regulating the Florida Bar is partially about “ informing the client about the status of representation .” The rule uses the word “ reasonably .” It doesn ’ t seem likely that word carries the same meaning for the attorney and client .
As an example , this article addresses voicemail communications .
We often presume we ’ re good communicators without checking with our clients and colleagues to see if we ’ re right . We presume our definitions for “ promptly inform ,” “ reasonably consult ,” and “ keep the client reasonably informed ” are the same as our clients .
I spent most of my professional life as a coach and consultant helping individuals communicate more effectively inside and outside their organizations . It ’ s not different with attorneys interacting with colleagues , clients , and even those people who make our lives easier — including staff and people in our respective County Clerk ’ s offices , among others .
One of my favorite questions as a coach was to ask people what their voicemail message says . Most don ’ t know without calling
themselves . Many of those messages promise to get back to the caller “ as soon as possible ;” “ at my earliest convenience ;” or “ right away .” It ’ s worth considering whether any of these terms set clear guidance as to when to expect a return call . The second two examples are all about the person listening to the message . The first example means different things to different people . As a former resident of New York City , “ as soon as possible ” means five minutes ago … to some it means , whenever I choose to get around to it . Different definitions of these phrases can potentially cause discomfort within a relationship .
Recently I asked someone who uses “ right away ” in her voicemail message what it meant . She looked confused since she knew what it meant . I certainly didn ’ t , and it would be unlikely a person who didn ’ t know her would know what it meant either . Experience has taught me that each of the above voicemail messages can create tension in callers , because of their non-specificity and openness to interpretation .
Something I learned from an etiquette coach is that professionals let people know they matter by
making it clear when they can expect a return call . Her recommendation was to change a voicemail daily with it giving the date and saying , specifically , when a return call could be expected , for example , — end of business day , end of next business day , within two business days . These messages may often include something about “ if it ’ s an emergency …” with an alternative way to reach the person or an alternative person to whom to reach out .
Most who take on the practice do it once , leaving a time frame in which someone can expect a call .
Here ’ s the beauty in this practice , if a call is not returned within the stated time frame , the caller has tacit consent to call again . The vagueness of phrases like “ as soon as possible ” leaves the caller with no way to know when it might be ok to call again . Thereby the client runs the risk of being an unnecessary annoyance to the attorney . And , in the case of a prospect , they may determine we may not be the professional with whom they want to work . n
Author : Debbie Baker - London Baker Law , P . A .
Learn About Upcoming professionalism & ethics Committee meetings at hillsbar . com .
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