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Six Questions to Ask (Or Think About) at the First Meeting with a New Client

by Richard Gama

“What does my new client think of me?” Most people have a certain image of what an attorney looks like, and while you can’t control things like your age, gender, or race, you can control how you dress. Dress like the professional they expect to see.

 

“What do I think of my new client?” The initial meeting establishes their first impression of you, but it also establishes your first impression of them. Take mental or actual notes about their demeanor, credibility, dress, appearance, and overall presentation. This is your first opportunity to begin assessing how they will present at deposition or trial. When it comes time for deposition or trial, go over your biggest concerns with the client.

 

“What are your expectations of me?” Setting your client’s expectations early makes it easier to manage them later during settlement discussions or mediation. Without making any promises, you can ask them what they hope to get out of their case. If the answer is “Whatever is fair” or “I’ll leave that you,” count your blessings, you have a manageable client. But if your new client thinks they deserve a million dollars for a minor neck sprain, you will need to address this unrealistic expectation early and often. One thing you can do is explain how injury cases are evaluated. You can also explain that the commercials they see on TV involve facts and circumstances that may be very different from their own case. Most of the time, it is simply a matter of re-educating the client. However, if your potential new client is particularly unreceptive to your counsel, this is a red-flag and you may want to consider politely declining the case and saving yourself a lot of headache in the future.

 

“Do you Facebook?” Social media, like Facebook or blogs, are great for sharing your life with the world. The problem is that you can’t always control who sees it. Insurance adjustors and attorneys often use social media to learn more about your client. Even Facebook posts that are shared only with certain Facebook friends may be discoverable if a court determines that the expectation of privacy was impliedly waived. Private messages and emails remain, in general, protected from discovery. Explain all this to your client and urge them to refrain from posting or blogging about their case or their injuries.

 

“What kind of insurance do you have?” Personal injury clients very often assume that their medical bills will be taken care of right away by the at-fault party. Explain that this is not the case, and that if health insurance or Medical Payment coverage exists, it should be used to pay their outstanding bills.

 

“Do you have prior similar injuries, incidents, claims or lawsuits?” Getting their history at the initial meeting is a good start, but you will also need to verify it by obtaining the relevant records yourself. Clients can forget, misremember, or get confused about their history, especially diagnoses and procedures that happened several years ago.

 


Gema-RichardRichard Gama received his law degree from Rutgers University School of Law in 2005 and before that was a graduate of the University of Colorado at Boulder. For the past eight years he has represented injured clients in a variety of personal injury matters as a litigation associate for The Law Firm of William Babich, LLC. Because he has a predilection for self-inflicted pain, he recently decided to hang his own shingle and open his own practice, where he continues to focus on personal injury matters exclusively. Mr. Gama is an active member of his community and belongs to various legal associations such as the Colorado Trial Lawyers Association, Colorado and Denver Bar Associations, and the American Association for Justice.

Posted in Career Development, Law Practice Management, Practice Management

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