Client Letters and Why They are Important
The most important type of correspondence that a lawyer prepares is the client letter. So much so that I believe that it is very dangerous not to do them in your practice. Never let a thought enter your mind that they are not important because it is the wrong thought to have.
Let’s start with the obvious, client letters provide the best method for documenting what an attorney and a client agree upon. It helps keep the lawyer in line. From my own experience, if you make it a point to do every client letter it is very hard to forget something that you were supposed to do for the client. It also allows you to protect yourself against future problems such as billing disputes, missed deadlines, and misunderstandings.
For example, if you take on a contingency fee settlement case for a client and later it turns out that the settlement amount was not what you or the client were expecting and the client decides not to go forward you will look back to the unsigned client letter for the terms of the agreement. The same will stand true for any contingency fee settlement where you have an unsigned client letter and you do not remember exactly what you agreed upon with the client.
Now let’s talk about why they insulate you from trouble . First, if you have a record of your time and the work that you did for a client, it is clear that you earned every dollar you are asking to get paid for. It also shows the client what you have accomplished on their behalf to date.
Secondly, if you get in a disagreement with a client you can look back to the letter to jog your memory with regards to what you have done to date. Many times the details of a disagreement have to do with a simple misunderstanding that just needs to be clarified by pointing out what was documented in the client letter.
Thirdly, it may also be useful to go back to these letters to remind a client what you have accomplished for them to date. Many times there is nothing to remember that is good for you because all clients remember is the bad stuff. So many times they complain that they never get any work done but never see all the work that you have already done. Going back to the letters can help establish what you have achieved thus far.
Finally, once you get used to sending the letters you will see the power of the tool and the peace of mind that it brings you. Think about it, you send them out and then when it is time for you to be paid you already have the documentation in your files as well as on record with the client. Simply request payment and voila you look like a super star to the client.
Additional Elements Of A Legal Client Letter
There are several key components to an effective client letter. First and foremost, there should be a subject line or heading. While the subject matter is certainly important and should be at the forefront, the subject line is going to be even more prominent. It should be clear and concise (and easy to find).
The greeting should be formal. I agree with the old school standard of "Dear (insert name here)." Your style might differ or you might have a different feel you want your letters to generate. But having a formal salutation makes it professional and gives a nice touch. And hey, who hasn’t forgotten the name of a person that they are supposed to know? Having a formal address gives the layout a sense of professionalism and a good impression.
Next is the legal jargon. Keep it clear and concise. While you are a law firm, you should take care to avoid using too much legalese. It is often difficult enough to gather and think through all the details without burying those hard to understand facts under paragraphs of legalese. Be terse and only provide concise legal information.
Finally, the sign off. Sign off. You aren’t typing a letter and hitting send (which isn’t really sending anything other than a transmission of internet data), you are writing a letter and putting the pen to the paper. Sign off like you would any other important, legal document.
The Proper Tone and Language
The tone and language you use in your client letters should match your firm’s voice, but always be kept at a professional level. If you know a client well, it is not appropriate to use informal language or slang in your correspondence. You should also avoid using too much legal jargon when writing to clients, therefore sometimes "simplifying" what you have to say is an effective way to keep the letter friendly yet professional. There are plenty of instances when you will have to use legal terminology in your letters such as when explaining a process or providing legal advice in a case, so it is important for the tone of your correspondence to match the situation. A good rule of thumb is to write how you naturally would be speaking with that specific client, but always keeping things professional.
How To Structure and Format An Effective Client Letter
Formatting a client letter in a law practice requires some basic formatting guidelines. You don’t want to be caught with your pants down when it comes to layout, font choice, spacing and text placement.
Proper layout is simple. Put your address on top of the letter, aligned to the left. I prefer the addresses to be block style, where everything is aligned to the left. Single space between each line. The letter then has "Sincerely" in the middle, along with your signature. And finally the lines underneath your signature has your name and title. This website has an excellent example of the proper layout.
The font most often used in legal letters is Times New Roman. Since Times New Roman looks like it is a professional font, 99% of the attorneys in the U.S. use it and you should too. For the font choice, use 12pt. font if the letter is general or 14pt. if the letter is specific to a case. For a case text placement on the right side of the page is better for the case letters. For a general letter, place it in the center.
Spacing again is simple. Use single spacing between your paragraphs and double spacing between sections of the letter.
Sample Client Letter
An effective example of a client letter is one that exceeds the expectations set by the rules. In other words, we don’t want a "ho-hum" letter our clients have come to expect. We want our letters to stand out. Let’s examine together, in detail, an example of an effective client letter.
Dear Client,
In an effort to enhance my communication and service to you, I am writing with an update. Please know I welcome your input or feedback as to my letter. I want to be sure I provide the information you would like and any form you like. It is not uncommon for me to hear from a client months after a matter is completed regarding the manner I communicated during the representation. Please advise me of your preferences so I can do better.
First I need to thank my staff for their hard work regarding your matter. They deserve full credit for their efforts and dedication on your behalf.
Please let this letter serve as an update on the progress made and/or remaining in the matter. I have a few topics I want to cover, and a few questions I hope you can answer.
We sent the Summons and Complaint regarding your case to you [date]. I heard back from you on [date]. I did forward your email to [name] for response. Today, [date] I received correspondence from [name] stating he mailed discovery to you on [date]. He also wanted me to follow up with you on two topics.
I do not recall having the opportunity to speak with you about [topic]. Please let me know what you would like to tell me or him. I would like to get your answer quickly, but it is most important I get your answer.
I sought clarification on something I thought you told me on [date]. You told me [what you believed he told you]. But now I read your email from [date] and it does not appear to say the same thing. Is there an error? Did I take the statement out of context? Did you make a statement and change your mind?
Let me know if you have any questions about any of this, or if you want to do something else.
Please remember the Rules of Professional Conduct dictate I have only a specific amount of time to respond to a written request by any client. I have to have a response within 10 days. It is impossible for me to respond to correspondence by a client more than twice, as I have no obligation or time to respond more than twice. What I mean is this: If you write me a letter or email, and I cannot respond in 10 days, then that is my obligation. If you need to write me again, then I will respond again. But if you have to write that third time, it usually indicates a problem. For my part, I cannot be expected to respond four times in 30 days under the rules. That is not reasonable .
Please also keep in mind I assume every letter or email you send is pertinent to the matter at hand. This means we have to keep the case file. I have to be able to find every conversation we had in the case, and I need to put that into the case file. Otherwise, when a question comes up later I am not going to know the answer because I did not keep that in the file. This means, for example, I will not respond to a letter or email by you to me that indicates your spouse or friend wishes to have contact with me. Your spouse or friend can contact me, but you will have to be copied as I cannot respond without your consent to your representative or anyone of your choosing.
That brings us to the financial side of our work together. When I receive a bill from a vendor for the matter, or I respond to something by a client, I have to put that into the case file. Which means I need to update the case file and make sure it is current.
You will see the fees as they arise. I mark down the time I spend on the case each day, either by billable hour (as in litigation) or by segment of the matter (as in Business Law). The way I do that is to separate it into the matter (or group of matters), and enter that the time in tenths of hours for each activity. You can see I bill out in 10 minute increments. I do not allow or recommend billing by fractional time (1.25, for example). This is moot for you as my billing is always at a flat rate.
Please remember, I do not have to give you 10 days to pay a bill. The moment I send you a bill you are obligated to pay that. As a general matter, I prefer to be paid and receive all fees owed my clients within 10 days. Most clients maintain that schedule as it helps them with cash flow and budgeting. If you do not have the funds, then we can work out a payment plan.
When I receive bills, I invoice all of you. I must send a bill to everyone on the matter or group of matters. It is possible I send it to you, but not to your spouse, or vice versa. In other words, if I have a husband and wife on a matter, one has their email and I send a bill to that person, but not to the spouse, even though they have the same last name. If the matter requires it, I will also invoice you additional persons. It is likely that when a matter requires additional persons, such as a representative on a title matter, I will have to also invoice that party directly as well.
So please remember, if you are getting statements or bills from me, make certain your spouse or partner is aware it is coming. If the bill is from a title company, please tell your wife or husband.
I look forward to hearing back from you at your earliest opportunity. I appreciate the privilege of being your lawyer.
Sincerely,
Your lawyer
Common Mistakes Legal Professionals Make
When it comes to client letters, lawyers must steer clear of a handful of common missteps that can easily undermine their efforts. First and foremost, your message should always be crystal clear. Leaving your client with more questions than answers is a recipe for disaster. Equally as important is the use of plain language. Lawyers should avoid legal jargon, acronyms or arcane language that no one but a lawyer would understand. While many documents between attorney and client may be of a legal nature, such as pleadings and discovery, your client letters should be easy-to-read. Thirdly, attention to detail is critical. There is no excuse for bad grammar, misspellings, punctuation errors or other issues that would come up in any other written business document.
Legal Client Letter FAQs
Q: What compliance considerations should I have in mind when sending a legal letter to a prospective client?
A: A variety of compliance and anti-solicitation laws may apply to the sending of a legal letter. You should consider your ethical obligations under the rules of professional conduct for lawyers in your jurisdiction. These rules will generally govern communications sent to prospective clients. In most cases, these rules will establish standards for the content of the letter as well as restrictions for the sending of the document itself. For example, 13 states require that all letters sent to solicit legal business contain a label indicating that they are marketing materials rather than official correspondence. Knowing your local laws and rules will allow you to stay informed about any new requirements that may affect your communications strategy, including updates at the local , state or national level.
Q: How can I keep legal letters confidential and private?
A: Whether your letters are formal correspondence with a client or a marketing piece sent to a potential client, you should always strive to establish and preserve confidentiality throughout the communication process. Using caution with your legal letter will help to ensure that confidentiality is maintained. Some important steps to observe are:
Q: Are there other legal obligations regarding a letter to a client?
A: In addition to the ethical and compliance regulations that pertain to client letters, some jurisdictions may have additional requirements beyond those imposed by the legal profession. For example, many U.S. states require that written disclosure be given to current clients or prospective clients regarding the way their personal information is handled and safeguarded. Your letter is a good opportunity to fulfill this obligation.