No More Grievances For Me?
By Dan Murdock, OBA General Counsel

What a thought! No one enjoys receiving a letter marked "Personal and Confidential: To Be Opened by Addressee Only." Yet I tell lawyers in CLE programs all the time that there are two kinds of lawyers - those who have gotten grievances and those who will. It is almost inevitable but there are things we can do to prevent a majority of those grievances. A little preventive maintenance can be of great help.

1.  Return your telephone calls This simple courtesy can be of great assistance. If you are in trial or out of the office, leave a message when the call can be returned. Many clients call early in the morning and, if told that the attorney is not available at the present time, will call back before noon. If still receiving the same message, an early afternoon call will follow and then an irate call close to closing time. If the client is told that the call cannot be returned until the next day or for several days, then the client will not be calling and becoming more irritated with each call.

Many times lawyers have difficulty delegating tasks. Allow your staff to help and return calls to ascertain if they can answer some of the questions of the client. Clients love attention. If there are questions about the importance of this issue, refer to Rule 1.4(a), ORPC.

2.  Simplify Financial Issues What does this mean? It means put the fee agreement in writing. Written fee agreements are not required unless the fee is a contingent fee, Rule 1.5(c), ORPC, but is highly recommended. A 1992 OBA survey revealed that almost 56% of those responding reported that they routinely put fee agreements in writing, OBA Survey 63 OBAJ 3565 (12/12/92). This number increased to over 72% in the latest OBA survey, 73 OBAJ at 3417 (12/7/2002). Discuss fees at the initial interview. In the latest OBA survey 86% reported that they did so.

3.  Just say "No" Ever get in a case and later ask yourself, "why did I accept this case?" Most lawyers want to help - sometimes cases are accepted outside the area of expertise or with a client that we know initially will be a difficult one. You are not obligated to accept employment in every case that comes in the door. Stay with your area of expertise and be selective. I understand that financial issues arise when making this decision, especially when the rent is due and salaries need to be paid. I have been there. Just remember, there is a choice.

4.  Please respond If you receive a grievance, please respond. The Professional Responsibility Commission is adamant about that issue. Lack of response demonstrates a lack of respect for the legal profession, the disciplinary system, and causes the PRC to question the actions of the lawyers, especially if the allegations of the client involve neglect.

5.  Be Nice Common sense tells us that good manners foster more productive and enjoyable relationships. Civility towards the court and opposing counsel is expected.

6.  Call Us The Office of the General Counsel can provide assistance - this will soon be the responsibility of the to-be-hired Ethics Counsel. Help is available. Call (405) 416-7007. Just ask.