2.3. Transparency & Communication
Last updated
Last updated
When dealing with attorneys, clients sometimes have the impression that they are a black box, where a question or request goes in, then some magic happens and legal advice or a legal document comes out on the other side. Which means they often don’t know what the attorney is doing, what work goes into a task, or if they have even misunderstood something or are lacking crucial information. There are seldom early feedback loops with clients out of fear something unfinished could put off the client and, even worse, cause a liability.
With the methods and tools provided in this book, transparency and communication can be improved with the client. The better the work is defined, the better the relationship becomes because there are fewer discussions about scope and ultimately price; risk as well as liability are reduced.
It is not just the relationship to the clients where these methods improve transparency—also between the attorney responsible and their team. When the expectations and requirements are clearly stated and communicated, it not only reduces risk but also helps employees to learn. All of this requires that some overall criteria are defined (see also Chapters 4.8 Definition of Done and 4.7 Definition of Ready), but this only helps with improving the workflows as well as the quality.
Mapping out the communication flow is always a good idea when you implement operational standards in your law firm. The templates below can also be filled out as a standard and then be adapted for specific clients if needed. Communication can be done by e-mail without elaborate collaboration tools, but mapping the flows can also serve as a first step to help implement new tools. However, that is a project for another day (or book). For Agile working, these flows will help, for example, define the status of a card in a Kanban board, which we’ll talk about later in the book, and further transparency and communication in a project.
Transparency can have two directions: internal and external. As our team has decided to keep the team to their internal core team, a significant part of the communication will be external.
For their internal communication they decide to aim for transparency towards each other, while keeping the changes rather limited for the moment, as they do not want to overburden themselves. Encouraged by the discussion about who the team consists of, Alice decides to stress that she wants feedback and suggestions and they all agree that they will openly provide it. They concur that being open is a sign of strength.
They now must decide if they want to disclose to their new client that they are trying out Agile methods. This is a tough decision, as they do not want to seem to be experimenting on the client’s case. They weigh different options, from keeping it all to themselves, to openly bringing it on the table. Some intense discussions later, they resolve that they will go with radical transparency. They will clarify that their work won’t suffer and that they will revisit the methods regularly. If Bob reacts positively, they intend to go further and make parts of their cooperation Agile and align with Bob regularly to match the case’s relatively high number of options. Their “sales pitch” is that they want to be able to accommodate both what seems possible and changing business needs as quickly as possible. On the other side, they do not plan to explain in detail how they intend to work, giving examples that show a flexible approach that avoids sticking to paths that are not ideal anymore.
What is the communication flow from the client to the law firm and vice versa?
Bob e-mails, calls or messages Alice and Fiona directly. If the client contacts only one of them, they forward the information (e-mail to the further team members).
Both Alice and Fiona communicate with the client directly whilst copying in the other one and Gabriel.
Gabriel may prepare e-mails that are then sent out after Fiona’s or Alice’s approval. What is the communication flow within the firm?
Alice, Fiona, and Gabriel are on all project-related internal communication.
All three have access to the communication that came in from the client or external parties. What is the communication flow with other external parties?
Only Alice communicates with the counterparty and their attorney directly.
Fiona may communicate with other third parties, e.g. expert witnesses.
Gabriel only communicates directly with external parties when specifically instructed.
Where are documents stored internally in the firm?
All documents and communication are stored in the firm’s document management system and are accessible to all the team members.
How are documents shared with the client?
Documents are shared with the client through the law fi rm’s client platform; at Lawyering & Co, e-mails are avoided as much as possible, so that all tasks and documents are centralised and accessible for everyone who needs them.
Whilst the tools later in this book help define in detail how communication and transparency can be executed, it helps to clarify some points with the team (if there are not already law firm standards).
What is the communication flow from the client to the law firm and vice versa?
What is the communication flow within the firm?
What is the communication flow with other external parties?
Where are documents stored internally in the firm?
How are documents shared with the client?
