The Legal Pad

Listen Up!

My husband and I went to a wedding this past weekend. A good time was had by all! We traveled over two hours to a little town in rural Missouri where we both used to live. At the wedding and then at the reception afterwards, we visited with some people we haven't seen in a long time. There were a lot of polite "cocktail party" conversations going on with the usual questions -- "Where do you live now?" and "What do you do now?"

I'm always prepared for those situations and have standard answers. We live near Jefferson City. I work for The Missouri Bar and refer people to attorneys. Short, sweet, and to the point.

Well, I'm not totally stupid. I know some folks really don't care one way or the other where we live, where I work, or what I do. I sometimes feel the same way about those who ask. I think that's pretty typical of the banter that goes back and forth between people who really aren't connected but are together at these kinds of events.

Frankly, when I find myself in situations where there are those light, conversational exchanges -- I know that 99% of the time -- the person who asks the questions probably won't remember what I told them ten minutes later. Why is that? I think some folks just don't listen.

When someone walks into your law office, or calls you about a problem they're having, do you listen to what they have to tell you? It may not be particularly important to you -- but it should be -- this is your customer or your client to lose. Listening is a real skill.

Here's a very short test -- and a tip at the end!

So, if your client is telling you something -- are you two steps ahead of them and already thinking about how you're going to respond while that person is talking?

If your customer is in your office, do you tend to look out the window when they're speaking to you?

When your client calls, are you still focused on what it was you were doing before you were interrupted?

Okay. Your responses to those questions should all be, "Absolutely not!"

If your client is telling you something -- you'll do a better job if you listen to what they're saying and wait until they're finished.

If your customer is in your office, you should be making eye contact with that customer, not looking out the window.

When the phone rings, and you answer it, you should be concentrating on what the client is saying to you -- not dealing with the stuff you were working on before that person called. You should have a notepad and a pen handy to take notes.

The Big Tip: Think about the one person in your family that you most admire and respect. Can you visualize that person in your mind? Good!

When you're dealing with your clients or your customers -- try to visualize your family member in that role the client or customer is in. I bet your listening skills will improve.

New Publication from The Missouri Bar

Thousands of Missourians are struggling to pay mounting medical bills -- but do you really owe what the hospital says?

Attorney Larry Ferguson, Columbia, MO tells this story: With the birth of one of their children, his wife noticed that the hospital billed her $700.00 for anesthesia and a procedure called an episiotomy. She didn't have an episiotomy. When she called the hospital, their response was, "Oh. Well, most women do, but you didn't have one?" When she told them she hadn't had the procedure, the hospital took the charges off the bill.

The lesson here? Mr. Ferguson suggests it's a good idea to go through the medical bills to see whether there are items you were charged for but didn't receive. It happens frequently. There are a number of side issues that go into a hospital facility billing that can have the potential for errors -- and usually the errors are in favor of the institution. If there are things on the bill that aren't true or accurate, they'll readily remove them.

What if you realize you can't afford to pay your hospital bill? There are many people who don't have health insurance and who don't qualify for a government program. The hospital provided the services to you and the hospital will look to you to pay the bill.

Do you have any options? Yes, you do.

You can read Mr. Ferguson's complete interview entitled, "How to Cope with Medical Bills" in The Missouri Bar Money Guide -- now in printed form -- for more information.

Out of work? We have an article about how to deal with creditors.

Having trouble making your house payments? Perhaps an article that describes the steps you can take to avoid foreclosure may be of help to you.

Thinking of declaring bankruptcy? We have a section in The Money Guide that explains the differences between Chapter 7, Chapter 11, Chapter 12, and Chapter 13 bankruptcies.

Do you know about the new credit card rules? We have information about the new rules in our publication too.

If you'd like a copy of The Missouri Bar Money Guide, send a quick email to: [email protected] or to [email protected] with your request. Put the words "Money Guide" in the subject line, give us your mailing address and we'll be glad to send one to you.

The Missouri Bar Money Guide is also available online. Here's the link: The Missouri Bar Money Guide

 

 

What I Wanted To Say -- But Didn't ...

    Oooh, I hate getting those sales calls at work. Do you? I hung up on someone just a few hours ago, and I'm still disturbed. There was so much that I wanted to say to the young woman who was pushing me to buy her company's service, but I didn't say anything. I sensed that whatever I said to her would be taken as a sign of weakness, and spit back to me in the form of a sales pitch. Here goes anyway. What I wanted to say:

    Dianne, I believe you probably have a pretty good service to sell me. It might be an improvement over my current arrangement. Your price was reasonable, but I will not buy from you. Not today, not tomorrow. I'm sorry about that because I can tell by how assertive and persistent you are that you could use the money. I can tell from your voice that you're probably in your late 20's and you're calling me all the way from New York. That's an expensive place to live, and you're in a job that is commission-based. If you don't sell, you don't make much.

    But, I won't buy from you for two reasons. First, you followed some sort of script to sell me your service. You were doing something to me, not with me -- communicating at me, not with me. We weren't working on the same problem. Your problem was that you needed a sale. My problem is that I needed to improve my daily work. You never bothered to ask how I would use your service. Did I have any problem with my current arrangement? When I mentioned that I could probably get better service from a local competitor of yours, what I meant was that people in my local community don't talk in the language of sales script. If I have a problem, I talk with them, and we solve it as best we can. I'm fairly certain that if I had a problem with your company, I'd soon have another scripted interaction with someone, and I just can't stand wasting my time with a human who's programmed like a telephone answering machine.

    My second reason for not buying your company's service is a bit harder to explain. I know the arguments you so skillfully made on behalf of your company were solid. I concede victory to the person who designed your marketing scheme. You had a logical answer to each of my objections. But, if I bought your services, I would be supporting a way of doing business that I find distasteful. I'd be saying, it's okay to treat people as a means to an end, just as long as both sides make or save a few dollars. It's not okay with me -- and although your company may deserve an A+ for its service, it fails the test that really matters -- it's not based on respect for the individuals or organizations that would use your service.

    Dianne, you're young, and even though the economy is tough right now, do yourself a favor and get a better job. It might pay less -- but it's much better to do something useful than it is to use people.

Do You Speak "Missourian"?

I'm not from Missouri. I'm a transplant. I moved here from the east coast many years ago. When I first arrived in rural Missouri, people often asked me, "Where are you from?" and the question always startled me. Where I used to live -- asking that question would be considered in bad taste and borderline insulting. No one ever asked me where I was from until I moved to Missouri.

It took me a while to get past my perceived "intrusion into my personal business", but I figured it out. It had something to do with my twang. The moment I opened my mouth -- it was a dead giveaway that I wasn't "from there". People were curious. Folks wanted to know where I was from and what I was doing there. My speech, inflection, and tone were all east coast and frankly, "east coast speak" can be somewhat disturbing to rural Missourians.

Fast forward to the present time. When folks call me for a referral to an attorney, one of the first questions I ask is, "Where are you located?" which is another way of saying, "Where are you from?" I don't ask the question because I'm nosy or curious. I ask the question so I can refer people who live in one place in Missouri to an attorney in the geographical area who can best help them and I need some sort of starting point.

I've developed a theory and I'm going to throw it out there for you to chew on a bit. Okay...hold on a second. First, I have to give you the disclaimer notice. Please note this is just a theory. It's speculation. It's a guess. It's based on my personal experience answering the phone for many years. Here goes...

The answer to the question, "Where are you located?" has a whole lot to do with your own personal geography. If you're from the St. Louis area, you seem to answer the question one way. If you're from the Kansas City area, another way. If you're from central Missouri, your answer is different from someone who lives in the bootheel area.

People who live in the St. Louis area -- tend to respond with, "I live in the city." They also tend to respond by saying, "I live in the county."

People who live in the Kansas City area -- tend to answer the question with, "I live on 400 North East Whatever Street, in apartment number so-and-so." Kansas Citians seem to talk about where they live in specific terms. They add information like, "I live in Gladstone, near the whatever (a landmark)."

When people in Springfield call and have to leave a message because I'm on the other line, they tend to leave me their phone number and no area code. People who live in Columbia tend to do the same thing. Springfield and Columbia prefixes are similar and so calling folks back can sometimes be a challenge. 

Rural Missouri -- that's totally different way of talking about where people are from. The usual response from someone in rural Missouri when I ask, "Where are you located?" is by them telling me their town name and the county. No kidding. They're right up front. No fooling around. You know exactly where they are.

Folks who live in the bootheel area usually tell me the name of the town, their county -- and for good measure -- add on, "That's in the bootheel."

Of course, the theory goes right out the window when I get a call from someone using a cell phone. Then it's wide open and anybody's guess. People who have cell phones seem to answer the question, "Where are you located?" with "What?" or "I'm in Missouri."

I think it's interesting that we live in a state where there are so many ways of answering the question, "Where are you located?"

It's a great way to develop rapport. If you work in the customer service field -- you are either giving or getting information. You're communicating. When you're the customer service person -- your goal is to assist that person who is calling you or walking in your door as best as you can. From my point of view -- asking where someone is, enables me to give that customer better service. It's a way for me to develop rapport.

Developing rapport with your client or your customer can open up some of those communication barriers. Try using your sense of humor. Try talking in a positive way (no matter what happens) and I've been told if you smile when you answer the phone -- it comes across in your tone.

Another important thing about being a good customer service person -- You have to care. Caring about what you do and how you do it -- is the difference between giving good customer service and giving someone lousy customer service. If you don't care -- why would your customer? They can always go somewhere else for what they need.

Do you remember the last time you had a good customer service experience? Think back for a moment. I bet it was when the sales person or the customer service person was able to develop some sort of rapport with you. I bet you came away from that experience thinking that they cared about you and your business. Caring about the people you assist makes all the difference.

Never Assume

    I assume you know that drivers in Missouri must have motor vehicle liability insurance coverage. If you drive in our state, you must show proof of insurance when you register a vehicle and when you renew your license plates. You must have proof of insurance in your vehicle at all times. Liability insurance covers your legal liability when there are injuries or property damage as a result of your actions. It's the law. Period.

    Here are two things you cannot assume:

    (1) Your doctor and/or your surgeon has medical malpractice insurance.

    Physicians and/or surgeons who practice in Missouri are not required to have medical malpractice insurance -- unless they're on the staff of a hospital located in a county with a population of more than 75,000 inhabitants.

    There are 102 Missouri counties where there are less than 75,000 inhabitants. Did you assume your doctor and/or your surgeon has medical malpractice insurance?

    (2) Your attorney has professional liability insurance.

    Attorneys who practice law in Missouri are not required to have professional liability insurance. There are over 30,000 licensed Missouri attorneys. Did you assume that your lawyer had professional liability insurance? There is no law.

    Since it's illegal to drive a motor vehicle in Missouri without vehicle insurance, then you can assume your doctor and your lawyer has car insurance -- just like you.

    On the other hand, your doctor or your surgeon may or may not have medical malpractice insurance and your attorney may or may not have professional liability insurance. You can't assume they do.

    If you need a lawyer and you call The Missouri Bar Lawyer Referral Service, you CAN be assured that the attorney you're referred to DOES have professional liability insurance. All of our members are required to be insured.

    That's one less thing you need to wonder or worry about -- it's taken care of. You don't have to ask and you don't have to assume. We insist they have insurance. It's a requirement. It's a rule. Period.

Of Licorice and the Law

    This week, Congress is grappling with a very complex situation -- health care and insurance. Complex problems are never easy to fix. If a one-page bill can be interpreted in a variety of ways, requiring a judge's interpretation to determine how to apply it, imagine the possibilities for misinterpretations and mistakes in what will probably be a one-thousand-page health insurance bill. My mind can't comprehend this, so I turn my thoughts instead to licorice.

    I'm not even sure I understand licorice and the laws affecting it. I enjoy eating licorice. Or, at least, I thought I did. I like those red rectangles that taste like cherry, and I have pleasant memories of buying licorice at Saturday matinees, and how the little bag of black, oblong pieces of licorice had camels on it. So much for nostalgia. In the good old days, things were simpler. Or were they?

    I bought a couple dollars' worth of licorice the other day from a place that carries a wide variety of the stuff. I ordered it over the Internet, and a few days later, when I found the UPS package at my door -- I could barely wait to unwrap the cardboard and dive into the licorice.

    I quickly tore open the box and checked the contents to see what sort of stash I now had in my possession. Then I did something I had never done before. I picked each of the sacks of licorice up, holding them close enough to my face to read the list of ingredients. As a kid, I didn't care what I ate, as long as it tasted good. As an adult, I worry about the junk that's in our food supply. What I discovered disappointed me. Most of the licorice -- had no licorice in it. I had bought a glob of high fructose corn syrup and "flavoring". Even the long, twisted braids of standard, black licorice weren't really licorice.

    Should there be a law against labeling something as licorice when it has no licorice in it? I'd like to see Congress do something about controlling the rising cost of health insurance before anyone in a position of responsibility gets a notion that it's time to drain the swamps of all these companies that sell us licorice, but delivers yet another dose of high fructose corn syrup -- which, of course, adds nothing but calories to a nation already struggling with weight control -- which, of course, if we can't control -- leads to diabetes -- which, of course, leads to high health care costs for all of us.

    

The Annual Check-Up

    It happens every year about this time. Dana, the friendly and efficient office manager who works in my doctor's office, calls to tell me I need to schedule an appointment. The game begins.

    I always ask her why in the world she thinks I need to book an appointment. She always chuckles and tells me the appointment is for my annual check-up. I always tell her I totally forgot. She always says she knew I would forget, so that's why she's calling me. I book an appointment and I always tell her how much I appreciate her calling. Great follow-up!

    So, what does any of this have to do with working as an office professional -- in a law firm? Well...it can mean a lot to your firm.

    No, no...I'm not suggesting you call all your clients to book yearly appointments to come in and visit with their attorney. What I am suggesting -- is that you take some time to check-up with the clients to ask them how they feel about the services they've received.

    When I refer someone to an attorney, I follow-up with a client survey letter. The client survey letter is a good way to find out what's going on -- with the client -- and with the attorney too.

    We thank the client for using our referral service. We know that most of the time, potential clients can locate attorneys for themselves, so we let them know we appreciate their business.

    We tell the clients that we're always trying to improve our service and we'd like their feedback. We ask simple questions. We provide plenty of paper space on the letter. If the client has any comments, suggestions, or would like to elaborate about their experience, there's room on the letter for them to tell us. We provide a self-addressed, stamped envelope so it's convenient for the client to respond. Part of doing business is good follow-up.

    When was the last time a business contacted you for some feedback? Can't remember? Wouldn't you like to get a letter from a business asking for your thoughts on how they rated in your eyes?

    Maybe you need to think about scheduling an Annual Client Check-Up. If you make your check-up friendly, easy to read, easy to respond to, and convenient to return -- you might be surprised what your clients have to say!

Houston, we have a problem...

    A couple of our subscribers told us they didn't receive their usual Feedblitz email that alerts them of a new blog article published here on The Legal Pad. Oh-Oh! Time for Nancy Drew-Detective to go to work! Hmm...we think we may have had a slight glitch -- a minor malfunction. BUT -- We're on it!

    If you've received this notification from Feedblitz about today's article -- it's working fine. But, if you're one of our subscribers who had to check the blog on your own, and didn't receive your Feedblitz email notification of a new item on the blog -- then just let us know and we'll fix it!

    Just send an email to either Suzanne at [email protected] or to Jack at [email protected] and put "The Legal Pad" in the subject line.

    By the way, while you're at it -- We have a open invitation for you as well. Feel free to tell us what you think about the blog. Are the articles helpful? Boring? A waste of your time? Tell us what you think. Your feedback is welcome!

Good Customer Service ?

    Today, we're going to talk about customer service.

    You're shopping in a store; you find what you need and you get in line to get checked-out. It's your turn. You place the items you want to purchase on the counter. You reach for your cash, your credit card, or your checkbook to pay the cashier. You're ready to hand over your money to the cashier for the products on the counter. The phone rings. The cashier answers the phone.

    Hmmm...that's too bad, isn't it? You're a sure thing -- but you have to wait. When the cashier answered the phone, you lost your place in line. The person on the phone just cut in front of you and that person is now the cashier's customer -- you've been displaced.

    Most of us don't object to that kind of behavior. Most of us complete the purchase after the cashier gets off the phone.

    That's not customer service. You just think it is. What did you in get in terms of customer service other than being irritated? Next time that happens, you'll think about the "customer service" you "receive" when you shop in that store.

    It's no wonder people are angry.

    So, what would you do?

    (a) walk out without the merchandise

    (b) confront the cashier's behavior

    (c) complete the purchase after the cashier gets off the phone

    (d) ask for the manager to suggest they hire another person to answer the phone

    (e) say nothing and do nothing

    Let us hear from you!!

   

How to Drive Away Prospective Clients

My youngest daughter, Leslie, is a flight attendant. She called me last Sunday evening from an airport in Florida to ask a favor.

She was unexpectedly called out to work a flight to London and had a doctor's appointment for the next morning at 7:45 AM. Obviously, she wouldn't be able to make the appointment because she'd be on a plane.

Okay...wait a minute...you need to know this. My daughter is a grown-up and she doesn't usually ask her "Mommy" to call to schedule or cancel her appointments.

Leslie told me her story -- She called the doctor's office to cancel the appointment and got nowhere. The lady who answered the phone was with the doctor's answering service. She couldn't help her. No, Leslie tells me, the answering service lady couldn't cancel the appointment. No, she couldn't take a message. The only thing she could do was to try to contact the doctor but she would only do that if the situation was an emergency and she was rude on the phone.

Okay -- get out my "Easy Button" -- This is simple and I can handle this assignment. I got the number and the name of the doctor but I missed the clue. Leslie told me the lady had been rude to her.

I called Monday at 7:00 AM. A woman, who did not identify herself, answered. I told her who I was and why I was calling. She told me she couldn't help. She worked for the doctor's answering service and said I could call back in ten minutes. (Customer Service Hint: Don't tell a customer to call back.)

I called back fifteen minutes later. A different woman, who did identify herself, answered the phone. I assumed it was someone who worked in the doctor's office. I told her who I was and why I was calling and told her the first person I spoke with told me to call back in ten minutes. She said she worked for the doctor's answering service and couldn't help me. I asked her to take a message. No, she couldn't take a message. No, she didn't have paper and pencil to take a message. She only handled emergencies. She told me to call back at 8:30 AM when the doctor's office phones were turned on. (Customer Service Hint: Same one. Don't tell a customer to call back.)

Okay, now I'm starting to get irritated. I called again at 8:30 AM. The phones were on! I got a recording. If you're looking for doctor so-and-so's secretary, hit this number. If you need doctor so-and so's secretary, hit that number, etc. I hit the corresponding number to get to the doctor's secretary.

I got another recording. This time it's Linda, doctor so-and-so's secretary, who is telling me she is away from her desk. If I need an appointment, I need to hit this number. If I want a prescription, I hit that number. If I'm a doctor, I hit another. If I have an emergency or I need to speak with an operator I can hit zero.

I hit zero. A real person answered the phone. She identified herself as Laura and asked how she could help me.

I tried to stay calm. I really tried. I told Laura my name. I told her I was calling for my daughter whose first and last name I spelled for her. I told her she had an appointment that morning at 7:45 AM (which was 45 minutes ago) and that I needed to speak with someone who could cancel her appointment.

I told her this was my third phone call to their office. I told her the first two times I called, I got their answering service and they couldn't help. I told her I tried to get through to Doctor so-and-so's secretary and I got her voice mail. I told her all I wanted to do was to let someone in the doctor's office know that my daughter had to cancel her appointment and I couldn't seem to find someone who was able to do that for me. I waited.

Her response: "What is your daughter's name and which doctor was she supposed to see?" (Customer Service Hint: Have paper and a pencil (or a pen) handy so you can write things down.)

I didn't holler at Laura but I sure wanted to. I told her my daughter's name and I spelled her first and last name a second time. I told her the name of the doctor again.

Her reply? "I'll give Doctor so-and-so's secretary the message."

My reply? "Thank you. Ummmm...Laura, you might have trouble getting the message to the doctor's secretary. I understand she's not at her desk." I hung up.

You think Laura got it? Maybe. Maybe not.

Here are four easy rules to remember when you're dealing with an angry customer.

(1) Acknowledge and apologize

(2) Sympathize with the customer

(3) Accept responsibility

(4) Help the customer

I learned these rules from one of the best. I attended a seminar presented by Nancy Friedman, who is also known as "The Telephone Doctor" . I tried them. Most of the time -- they really work. She has a good customer service monthly e-newsletter you can sign up for at her website. Here's the link for more information: www.telephonedoctor.com

Here's how Laura could've handled me.

"Suzanne, I'm sorry you've had to call our office so many times. I'm sure you're frustrated by now; and from what you've told me, I would be too. I promise I'll speak to the doctor's secretary. I'll tell her what happened and I'll cancel your daughter's appointment for you. Please tell your daughter that she can call us at her convenience when she's ready to re-schedule."

If Laura responded to me like that, I wouldn't have been so irritated and I wouldn't have been such a smart-mouth. (Oops...I broke a customer service rule too. No need to be a smart-mouth.)

It doesn't matter where you work -- a private organization, a state agency, a retail store, a large law firm, or a small law firm. When you answer the phone and you have an angry customer, you can use the four rules technique and see if it works for you.

Customer service goes both ways...