"Thursday Thought"--The Importance of Building Trust

Posted By Eric Clark , Apr 21, 2016

What are some cost effective ways I can separate myself from other lawyers? How much of a difference does one lawyer make over another? And, if there is such a difference, what are the reasons for that difference? If you are a lawyer, you have probably asked these types of questions.  A recent study, published in the Yale Law Review and conducted by James M. Anderson and Paul Heaton, sheds some light on these issues. In their study, they explored the effect of defense counsel (public defender vs. appointed counsel) on case outcomes by examining murder cases in Philadelphia.

In a majority of metropolitan areas, the public defender’s office is not large enough to provide services to every single criminal case involving indigent defendants. This creates a gap between the supply of defendants who cannot afford private legal counsel and the supply of public defenders. To solve this problem, courts have a list of private criminal defense attorneys who have stated that they are willing to take on these cases. Surprisingly, Anderson and Heaton found that public defenders, when compared to court appointed counsel, reduce their client’s murder conviction rate by 19%, lower the probability that their clients receive a life sentence by 62%, and reduce the overall expected time served in prison by 24%.

A primary explanation that Anderson and Heaton provide for this disparity stem from compensation system differences for appointed counsel versus public defenders. While public defenders have a yearly salary provided by the state, appointed counsel are only paid flat rate fees. This flat fee increases dramatically if the case goes to trial. Unfortunately, this sometimes incentivizes appointed counsel to take their cases to trial even if a plea bargain would provide a better result for their client. Since public defenders do not have this financial incentive to proceed to trial, they are more willing to explore potential plea bargain offers. As a result, public defenders tend to spend considerable time developing relationships with, and building the trust of, their clients. This trust and relationship-building process is important because a public defender’s client might not be aware or initially willing to accept that a plea bargain would yield the best result for them.    

While we have set the foundation that developing trust with criminal defendants is an important part of obtaining an optimal result, our next step is to see how this applies generally and discuss strategies to develop this trust.  When working with clients, there might be a time where you have to provide advice or guidance that will not be what the client wants to hear. This issue might arise specifically when you are looking to settle a case, rather than risk going to trial. In a situation such as this, if you have not taken the time to develop a good rapport and a sense of trust with your client, your advice might not be well received and it might also be rejected outright. However, if you have spent time developing rapport and trust, your client is more likely to accept difficult advice.

There are several ways to develop rapport and trust with clients. The first way is to get to know them. While you do not need to know enough about your client to write a biography about them, it is important to get to know their background and interests. The groundwork for this can be laid in the initial meeting with a new client but can also be built on in subsequent meetings. For example, let’s say in the initial meeting your client mentioned, in passing, that he or she was planning a surprise birthday celebration for his or her spouse. When you meet with your client next you can ask how the celebration went. Something as simple as this, not only shows that you pay attention to details but also that you care about your client outside the confines of the legal reasons that brought he or she into your office in the first place.

Additionally, it is important for the client to know more about you both as an attorney and as person. Again, you can provide this background information in the initial meeting with the client. While discussing your background does not need to take a significant amount of time, it is helpful for the client to understand your legal experience and why you are passionate about the type of law you practice. Building trust with your client does not need to be limited to these initial interactions with your client. Rather, it can be part of the entire process, particularly when you are providing recommendations and solutions to your client. The best way to do this is to provide options that do not involve you billing them. For instance, if you are a divorce attorney and a client expresses some sentiments suggesting that she does not want to get divorced, you could suggest that she attend couples counseling with her spouse. While this method is dependent on the situation your client is in, it is important not to overlook situations where alternate non-legal solutions exist.

Ultimately, building trust with your client lays the foundation for a more productive working relationship. This foundation makes it easier for the client to be candid with you and it helps you pitch solutions to them. Finally, it can lead to more business for you because if your client trusts you, then they are more likely to hire you again and recommend you to others who seek legal counsel.