A big part of my week is speaking on the phone to potential clients. Most of these calls do not lead right away to big lawsuit engagements, but they often raise interesting issues and, I hope, are helpful to the people I speak with. But they may also be unusual experiences for the people who call lawyers and share their problems, unsure of what comes next.

Why should you read this post about initial phone calls?

You have already read a lot of what I have to say on this blog and want to know how I share the same kind of information to strangers on the phone.
You have a legal issue and want to call a lawyer to speak about it but don’t know how these calls work.
You want to know what I do at work when I am not billing time to clients.

Image credit: https://en.wikipedia.org/wiki/Telephone#/media/File:CiscoIPPhone7941Series.jpg

What Kinds of Issues Do People Call About?

For me, people call with all kinds of legal issues. Many are the kinds of cases I handle, and many are not. But since people may not know what kinds of issues a litigator handles or what specifically I do, they tell me about their issues even if they fall outside of my areas of practice.

Many people call me because something bad has happened. A business partner is breaking a promise or they were fired or someone is threatening a lawsuit or someone stole a bunch of money. These are all things that would make many people say “I should speak to a lawyer.” And so many people Google or ask around and eventually give me a call.

What Happens During These Initial Phone Calls?

At first, I ask people to tell me what happened to lead them to call me. By the time people call a lawyer, they have often thought about the situation a lot or spoken about it with others, and so many people do a pretty good job of telling me their story. As they speak, I usually take notes.

I try to wait until the end of the story to ask questions, but sometimes I have questions during a story that will help me understand. It helps to know people’s names and where and when specific events took place. It is also helpful to know whether any communications took place in writing or if there are any contracts. If there are contracts, I may ask the person to email me those agreements so that I may read them.

It is impossible, however, on the call for me to know everything about the case. It takes months, and often years, to learn all of the facts of some lawsuits. And there are some lawsuits where I keep learning important information several years after the lawsuit is filed. At best, I can get a very general understanding of some basic issues. And from that high level understanding, I try to direct the person in the right direction about what to do next.

I sometimes feel like Frasier Crane, taking calls from the public and offering my advice. I don’t have a Roz, though, to exchange knowing glances when the calls broach unusual subjects.

Some people, however, talk a lot. In some situations, I have to interrupt because I just do not have the time to stay on a call indefinitely and, with a few specific questions, I can often determine whether I can help in a matter of minutes.

My Proposals on Next Steps

When people come to me with a matter that requires lawyers in other jurisdictions, that is not litigation or contract law, or involves types of litigation I do not handle, I recommend a colleague who can help.

If the issue is something I am familiar with, I first consider whether the issue is something the law can help with. For example, if the underlying issue took place ten years ago and I know the applicable statute of limitations is six years, then there may not be much the person can do. The truth is that the law does not provide a remedy for every injustice out there, and sometimes there is just nothing a lawyer can do to help. In other situations, a person may want their job back or an apology or something the law may not provide. When people come to me with issues like this, I have to tell them that the law may not help them.

Sometimes there is a possible claim, but the amount of money at stake is lower than the likely cost of a lawsuit, then I explain how expensive lawsuits are and that it may make more sense to settle or to accept a loss than to pay me to litigate on their behalf. This is difficult news to share, especially since it sounds unfair, but the truth is that litigation is expensive and so disputes over thousands or even tens of thousands of dollars may not make sense. In some situations, a trip to small claims court without a lawyer may be a path to resolution.

But sometimes someone comes to me with a lawsuit that it makes sense for me to help with, or a contract I can help negotiate or draft. In those situations, I tell them how much it could cost, recognizing that litigation is unpredictable and that my initial estimates are preliminary. And after I run a conflict check, I send them an engagement letter and take on the case.

Staying in Touch

Most of my calls do not end with me getting a new client. I don’t want to take people’s money for a case they cannot win. But I want people to remember me when future issues arise. So I try to be a sympathetic ear for their problems and a source for an honest view of how I see their case. My hope is that people appreciate that.

Often people reach out with questions I cannot answer during the call. After all, a lot of my work requires research and a careful review of a contract. I sometimes perform this work for free and then reach out to the person later with the results of my work.

And sometimes people offer to pay for my time during the initial call or work. I always appreciate when people recognize the value of my time and effort. But as a general rule, I and many other lawyers do not charge for initial phone calls.