With text messages, tweets and email as primary communications methods, it’s never been easier for lawyers to reach and stay in touch with their contacts.
Whether you’re sending updates to clients from any place with internet access or blasting out a bit of PR to an entire list of followers at once rather than contacting them individually, ask yourself, are you actually connecting with these people on a meaningful level?
Today’s smartphones are being used less for making actual calls than as data devices. Every screen tap, send and “like” begs the question: are we becoming so dependent on our gadgets that we’re forgoing the ability to communicate in deeper, more effective ways?
Even as social media becomes more ubiquitous in some circles, many lawyers are finding it useful to communicate old-school, picking up the phone or requesting a personal meeting with a client instead using newer communication methods.
Technology overload
“I think that this trend is likely driven by the deluge that people experience in their inboxes,” says David Fraser, a partner at McInnes Cooper in Halifax, widely recognized as one of Canada’s foremost authorities on internet, technology and privacy law.
“On Monday, for example, I received 207 e-mail messages on my work account. That’s a huge number of items to sift through and it is very easy for something to get lost or to be missed. In addition, as people are more mobile, it is less likely that you can expect a long, thoughtful response to a question, even if one is warranted,” says Fraser. In such a case, an actual voice call or face-to-face meeting may be necessary – the key advantage of which, he says, is that you are more likely to have the undivided attention of the participants.
“I have heard of one business that has a policy which says that if an issue can’t be resolved in fewer than five e-mail messages, they have to have a meeting, video conference or regular conference all that day to figure it out. I can see how this makes sense,” says Fraser.
It’s the continuum of a live interaction that makes all the difference for Elizabeth Ellis, a partner at Torys LLP in Toronto who leads the firm's Knowledge Management initiatives. For her, meetings are the only way to fully communicate a topic.
“Nuances of tone, body language, eye contact and ability to make spontaneous decisions are lost with any other form of communication,” says Ellis. The move toward greater use of electronic communication, she suggests, was in part driven by factors such as cost and complications of travel a few years ago. “I think there is now a recognition that we gave up more than we realized. Face-to-face conversations are still the best for anything of importance to either side of the interaction,” says Ellis, citing the delivery of bad news, and difficult or strategic decisions as examples of this.
Collaborations
As an e-discovery specialist and Canadian pioneer in using predictive coding to win cases, Susan Wortzman, co-founder of Wortzman Nickle Professional Corporation in Toronto, is about as tech-savvy as it gets. Still, she prefers good old-fashioned ad-hoc sessions over more trendy communications devices such as software-as-a-service (SaaS) project management or videoconferencing.
“We have used several SaaS solutions, some good and others not as helpful,” says Wortzman. “For example, we used Basecamp when communicating with our web designers and, from our end, the communication was very problematic. Until we had face-to-face meetings, creatively we could not get on the same page.
Social media, tweeting, emails and texts are often more abrupt than they are intended to be and can make it difficult to build a rapport. She likes to connect with clients to explain the sometimes complex technical solutions her firm is recommending.
“If we are trying to explain them in an email, I have no idea if the client has read the email carefully or even understood its complexities,” says Wortzman. “Those more intense communications work much better in person or over the phone when there is a true dialogue between lawyers and our clients.”
Vancouver-based lawyer Chris Bennett conducts the majority of his critical communications by phone – largely by necessity, not choice. A partner at Davis LLP and head of the firm's IT Law Group and Trade-marks Law Group, most of his clients are in other provinces or countries, so in-person meetings are not practical.
“Webex is used for seminars, but only in conjunction with presenting in person; the technology is for clients who aren’t able to physically attend the seminars,” explains Bennett. “I never interact with clients over social media for confidential or privileged matters. Likewise, I don’t use texting or IM with clients – I’ve had some who request it, but I’m not a big fan because it’s disruptive and often discourages putting much thought into the responses.” Also, keeping track of the conversation and adding it to the document management system is a bit more challenging, he says.
“I think it’s easier to interact and ask questions in person, especially when there are lots of people involved. That way there’s less talking over each other, and it’s easier to read body language,” says Bennett.
Personal touch
To be most effective, it’s important to plan meetings or calls strategically. Leaving a voicemail message asking the client to call back without indicating why is not a good strategy. Likewise, trying to communicate by phone with a client who clearly prefers using email to exchange information is also not helpful. “On the other hand, volunteering to visit the client’s offices on a regular basis to meet and better understand their current business challenges will always be welcomed,” says Ellis.
Much like in personal relationships, business contacts want to feel cared for. They want to feel that their problems are in good hands. They need to build trust. Personal interaction increases the “know, like and trust” factor between lawyers and clients tremendously. Even a simple courtesy call or hand-written thank-you card can make you stand out from the sea of digital noise that we all wade through every day.
“I think it’s a great idea to supplement written marketing with in-person marketing,” concludes Bennett. “Whether it’s via in-person seminars to discuss changes in the law, or whether it’s over lunch or coffee just to maintain a personal connection and keep up to date with the client’s interests and hobbies.”
Jason Scott Alexander is an Ottawa-based freelance writer specializing in frontier-media and technology law topics.