Carolyn Elefant’s recent post on her blog asks the question, what should we do with the small and solo firms who are behind the times and don’t even seem to be aware that there are times to be behind? In short (don’t believe me, go there and read it yourself) she suggests that we should lend a helping hand to the technologically-stunted for the sake of their clients.

I’m not content to let the old firms simply rot and die off if they take clients down in the process.

This is an admirable position. My only problem with this raised itself in the back of my head when I read the following phrase in her post in describing some of these attorneys:

What about the lawyers too busy to return clients’ calls — and who convince clients “that’s just how it is,”…

Someone very close to me recently had to engage a lawyer for a family matter. The lawyer in question is one half of a small local law firm; the firm had come recommended by trustworthy people. I was pretty bummed that I was not able to help this person, being a mere law student and having passed up on Family Law this semester in favor of Law Practice Management. However, since I’m the only person who is at all acquainted with the legal system who is close with this friend, I was kept in the loop and constantly apprised of the legal situation.

Imagine my surprise when my friend started to complain about how phone calls were returned days later, about how my friend was never notified by the lawyer as to a change situation — the lawyer only offered information once my friend called. When my friend raised these issues with the lawyer, the response was that business practice is to call clients 7–10 days later and that my friend should feel lucky that the lawyer was returning calls after only 3–5 days!
I pointed out to my friend that both books we were assigned for LPM, Jay Foonberg’s and Carolyn Elefant’s own “Solo by Choice” suggested that a lawyer return calls within hours and hardly ever more than a day later.
I pointed out to my friend how both experts agree that lawyers should not “nickel and dime” clients over minimal fees when the lawyer charged for 5 minute phone calls.
I had nothing to say when the lawyer started yelling and cursing at my friend for not paying in a manner that this lawyer thought was proper. My friend was paying off the bill, just not fast enough for the lawyer — this after the lawyer failed to even use an engagement letter or fee agreement.
My advice from the beginning was to get rid of the schmuck and find a good lawyer.

If there are lawyers and small firms out there who are deliberately holding out on ways to better serve their clients, we’d be better off educating the clients about what they should expect and demand from their lawyers. If the clients decide to cut-bait and run, deservedly so.