MBA / FEATURE
Establishing Trust
At The Initial Client Interview By Robert H. Nemeroff, Esq.
F
irst impressions are critical in securing the trust and confidence of a new client who has been injured in a car accident. It is stressful enough being injured, facing the prospect of extensive medical treatment and the disruption to one’s activities of daily living. That stress is compounded by the decision to retain a lawyer who has likely been referred to you but, who you may not know. You want that lawyer to be empathetic, competent and effective so that you can rest easy that you are in good hands. My goal as an attorney meeting with a new client for the first time after a car accident, is to have that new client leave my office at the end of the initial interview feeling fully informed about everything that is germane to his or her case. I will commonly ask the client at the end of the initial interview, “Do you feel like you know a lot more now than when you first walked into my office?” Invariably, the answer is yes. Taking the time to educate a new client is the key to obtaining his or her trust and confidence in you as an attorney during that first meeting. The subtle message being sent to the client is this: I am committed to taking the time to ensure that you understand all aspects of your case because I care about you and about doing a good job for you. How does the attorney accomplish that goal? My approach, honed over 33 years as a personal injury attorney, is a three step process which usually takes 90 minutes in my office or at the home of the new client. The first stage of the meeting involves educating the client about each type of coverage on his or her car insurance policy using the client’s declaration page. 99% of new clients do not understand how their coverages work. Understanding your insurance coverages is critical not only to your making proper coverage selections, but also critical to understanding the claims available to you as a result of your car accident. Once I conclude the explanation, I then take the time to recommend changes to the client’s policy to better protect the client’s interests going forward. This initial stage of the interview usually takes 20 to 30 minutes, by the end of which, the new client is very appreciative of my having taken the time to explain and simplify the SIDEBAR
insurance coverages, which most people misunderstand. I have done two things to instill trust and confidence. I have demonstrated my knowledge and understanding of insurance issues and, I have demonstrated that it is important to me that my client fully understand matters which others have never taken the time to explain to the client. The underpinning of trust has been established. The second stage of the interview involves making a detailed record of all of the client’s necessary biographical information, facts surrounding the accident, injuries sustained, medical providers seen and to be seen, as well as a thorough exploration of the client’s prior accident and medical history. I do not, however, elicit this information in a vacuum. I provide the client with explanations of why and how the information may be important to the case. Again, demonstrating your genuine interest in the well-being of the new client is accomplished through a willingness to provide thorough explanations. The third stage of the interview ties everything together. I provide the client with a detailed explanation of the claims available and how the law in Pennsylvania applies to those claims. My explanation incorporates my client’s newly enhanced understanding of insurance coverages which now dovetails with an understanding of the claims available to him or her as a result of the accident. I then emphasize that the client’s current priority is to do everything the doctor tells him or her to do to recover from the injuries, with regaining good health as the goal. While it is undeniable that injured car accident victims retain a lawyer to obtain compensation for their damages and, it is the lawyer’s responsibility to try and accomplish that objective, I believe that human nature is such that a new client wants to believe that you care about his or her well-being. As a personal injury attorney, I do care about the well-being of my clients and I try to demonstrate my genuine concern through my dedication to fully educating the client during the initial interview. When the new client leaves my office at the end of the initial interview, shakes my hand and expresses gratitude for having taken the time to thoroughly explain everything, I know that the client now trusts me and has confidence in me.
16
SUMMER 2014