Tips for Handling the Telephone

I have to give my friend Jonathan Stein of The Practice credit for giving me the idea to post about the phone. He's posted today about law firms using voicemail to answer the phone, which prompted some thoughts about use (or misuse) of the phone in general.  So here's a list of telephone tips, in no particular order (this list is by no means meant to be exhaustive):

• Don't be a slave to the phone.  I know there are those that will disagree with me on this one, but the phone is a tool, and it need to be used wisely.  Answering the phone every time it rings, just because it rings, can often be counterproductive for both you and the caller.  There are times when it makes sense to let voicemail pick up a call, or have someone take a message, rather than answering a non-urgent call when it comes in.  If you're working on something that takes concentration (and there's little that doesn't when you're practicing law), keeping your focus on that, rather than interrupting yourself by taking an unrelated call, will likely serve you well by allowing you to finish what you're working on and then return the call when you can give the caller your full attention.
• Make telephone appointments.  If you anticipate a lengthy telephone conversation, have the caller make an appointment.  You can make appointments via email or have an assistant do it for you.  For example, if a client calls with a concern about a case and you know the call will be lengthy or will require more than a cursory review of the file, schedule a specific time for the call, just as you would if you were going to meet with the client face to face.
• If you're a solo or smaller firm, consider using a 'virtual office' or 'virtual assistant.'  I recently toured an virtual office setup here on Long Island and was impressed with the office (office space and conference rooms can be rented) as well as the service that was provided to clients.  The receptionist received a call and her telephone and computer indicated the name of the lawyer or law office for whom she was answering, as well as the specifics of how that firm required the phone to be answered, contact and calendar information for the lawyer.  The caller would have had no idea that they were not reaching that law firm directly.  This service also handled mail for many of its clients, acting as an alternate address for those working from 'home offices' who didn't want to give clients their home addresses.  This kind of service  to screen calls or handle the telephone while the attorney is in court, at a client meeting, or finishing an important brief can be invaluable for a solo or small firm, even just a few hours a week, as an alternative to hiring their own receptionist (and worrying about benefits, sick days, vacations, etc.). 
• Always make sure your telephone is answered in a courteous and professional manner.  I had the unfortunate experience once of hiring a lawyer whose assistant was invariably nasty and condescending on the telephone.  Personally, I would have been happier with voicemail.
• If you are going to be out of your office for an extended period of time, make sure your voice mail message indicates the date of your return and whether you intend to check your messages while you are away.  If you won't be checking messages, it's wise to provide the caller with an alternative person to contact, or another means of contacting you.
• Don't allow your voicemail to get full so that it no longer accepts messages.  If you aren't good about checking your voicemail, hire someone else to do it.  There's nothing that irks a client more than not being able to contact you when something urgent arises on their case.  And failing to check your messages leaves a poor impression on potential clients.
• Return telephone messages promptly, even if you have to call and say that you need some more time to look into the issue or question more thoroughly.
• Use common courtesy with your cell phone - don't speak on the cell phone at meetings, in restaurants or in other places where it can disturb other people.
• Consider carefully when deciding who should have your cell phone number - once you provide someone with your cell phone number they will assume that they can use it any time, anywhere, and that you are obligated to respond to them when they call.  Although most people expect you to be unavailable at times at the office, they assume you'll answer your cell phone regardless of where you are and who you're with.  Dan Kennedy, author of the NO B.S. series of books claims there's no need for a cell phone at all. Although I wouldn't go that far, he does make some interesting points about how much of a slave we are to the phone.
• Consider the type of practice you handle, and the likelihood and frequency of true 'emergencies' when determining your own telephone policy, how accessible you want or need to be, and how clients can contact you in an emergency.  Checking your office messages frequently or having a trusted assistant who has your private contact information may be a better solution than providing every client with your private contact information directly.
• When leaving a message for someone, always leave your telephone number, even if you think they have it.  It saves them the time and trouble of looking it up, particularly when so many of us have mulitple numbers.  If there is a particular number that you do - or do not - want to receive calls on, make that perfectly clear in your message or when providing someone with your contact information.  With the prevalence of caller ID, if you don't leave a number in your message, chances are that you'll receive the return call on the number you called from - whether you want to or not.
• Unless you are expecting a truly urgent call, don't interrupt one conversation (whether in person or over the phone) to take another call.  It signals to the person with whom you were orignally speaking that they are not important.  Constant interruptions project a poor impression and make it difficult to keep track of the original conversation.
• Avoid playing 'telephone tag.' When leaving a message, indicate the subject of your call and the time when the caller has the best chance of reaching you.  If you're just relaying brief information which doesn't require a conversation, relay the information in the message, rather than wasting time with several back and forth calls.
• Where appropriate, consider sending and email in anticipation of a telephone call, particularly if there are documents that the other party should review to prepare for the call or if there are a number of items you wish to discuss.

While most (if not all) of these tips may seem like common sense, sometimes the simplest things are the easiest to overlook.

Comments

[Allison Shields]

Jonathan-

None of these tips were meant to be hard and fast rules - and all attorneys need to exercise their professional judgment.

There are situations in which it makes sense to call someone to let them know that you've received their message and are working on a response. I wasn't suggesting this is the way to handle every call - just that it's preferable to going a long time without returning the call. In my experience, clients prefer a call telling them I'm out of the office, but I'll get back to them with an answer as soon as I can, rather than making them wait for an extended period of time for a substantive return call.

As I indicated in my original post, I don't agree that it makes sense not to have a cell phone - I was just commenting about another perspective. I think a cell phone is a great tool, particularly for attorneys who are often out of their office or, as you say, on trial. I frequently make or return calls from my cell phone when I'm in the car. My point was just that it can be counterproductive to be a slave to the phone.

Certainly attorneys always need to be sensitive to privilege issues, particularly when leaving messages for clients. But I've often had the experience of playing phone tag all day with someone just to have them tell me they're confirming the time of an appointment, or some other detail that could have easily been left on a message.

On the flip side, if the person who is picking up an attorney's messages is an employee of the law firm, attorney-client privilege isn't breached. Secretaries, paralegals, associates and others within the firm have access to confidential client information all of the time.

-Allison

[Jonathan]

Allison -

I agree with a lot of your points. However, there are some that are open to debate.

I don't like calling people back just to tell them I am going to look into their situation. This seems to me to be a waste of time and energy. If I am going to call them back, I should be able to talk to them about their case. If I cannot, I should spend a few minutes reviewing the file first. If something comes up during the conversation, I don't mind telling them that I have to look into it and get back to them, but I would be annoyed if someone called me to tell me that they will call me later. I think my clients would agree.

Dan Kennedy is just flat out wrong. He seems like a good guy, but for those of us who are true solos, a cell phone is a necessity. When I am in trial, using my cell phone during breaks, after trial, etc... is the only way I can get everything done. It is also an inexpensive way for me to run my practice. I forward my cell phone to wherever I am. With unlimited minutes, it is an inexpensive way to keep my practice going.

Leaving messages for me is an interesting issue. What if you leave a detailed message for someone and it is picked up by someone else? Then you may have lost the attorney-client privilege. You may also cause your client problems. (Imagine a divorce case where the soon to be ex hears your message before he knows he is the soon to be ex.) I like a short, simple message. I never know who will be on the other end.

Jonathan