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The importance of serving a glass of whisky in a law firm (PART TWO)
THIRD: THE MEETING
In the first meeting with a client, the lawyer must keep very much in mind that communication is the foundation of trust. It is not about impressing with legal jargon or displaying convoluted language that only conveys a desire to show off knowledge. On the contrary, the client (whether a businessperson, an executive, or any individual) appreciates being addressed in simple, clear, and direct language. The lawyer should not take on the role of a “teacher” giving lessons, but rather that of a close interlocutor, speaking on equal terms and adapting the message to the reality and needs of the person in front of them.
Equally important is the way of listening. A common mistake is for the lawyer to monopolize the conversation, interrupt, or go on with endless explanations. What is most valuable in that first meeting is allowing the client to express themselves freely and without haste. In the smallest details of their account may lie the key elements of the case—and those only appear if the client is allowed to speak. Therefore, the lawyer must be concise and clear when intervening, avoiding digressions, and reserving as much space as possible for the client’s version. Only in this way can trust be built, the necessary information gathered, and the foundation laid for a solid and effective professional relationship.
That said, once the initial account has been heard, if the lawyer can already provide a first assessment of the matter, they should do so, always clarifying that it is a preliminary impression and “without prejudice to a detailed subsequent analysis.” This preliminary diagnosis gives the client confidence and orientation from the very beginning. Likewise, it is advisable to use that meeting to request the documents or data that may be necessary.
Finally, whenever possible, it is advisable to anticipate the convenience of exploring a negotiated solution. Beyond the obligation to resort to extrajudicial mechanisms before starting legal proceedings, negotiation often saves time, costs, and strain. However, to be effective, proper preparation is essential, along with conveying to the opposing party that, if the matter goes to trial, they will be the one most harmed.
FOURTH: After the Meeting
Before concluding the meeting, the lawyer must provide a brief summary of what was discussed, verifying with the client that the information given and the scope of the issue have been correctly understood—thus closing the communication loop. They should also accompany the client to the exit and clearly define the next steps, as well as the channels and contacts to be used in the future.
At the end of the meeting, the lawyer must record in a secure system the client’s questions, the initial responses, the commitments made, and the deadlines for responses or immediate actions. This step is fundamental, as it forms the basis for creating, in a short time, an internal database which, through artificial intelligence, will make it possible to harness the knowledge generated daily by hundreds of lawyers. Otherwise, valuable information will be wasted, and the firm’s competitiveness will gradually decline.
One issue to be addressed in another article is how to record this information: whether by recording the conversation (with the client’s prior authorization) or by a subsequent manual record, always in strict compliance with current data protection regulations.
Finally, it is important to bear in mind that after the meeting, and before starting any legal action—and in some cases even at the negotiation stage—the firm must follow a mandatory checklist:
- Verify the client’s identity and legal capacity.
- Confirm complete and authentic documentation.
- Analyze legal viability within the jurisdiction.
- Review practical requirements (beyond the law).
- Request external reports (economic, tax, registry).
- Estimate costs.
- Establish a timeline of deadlines.
Practical Examples
- Company incorporation
A prestigious English firm handled all the steps to incorporate a commercial company in London with partners from another EU country. Legally, everything was correct. However, banks refused to open a current account because they were not UK residents. Even if they had been, they would have faced the same problem.
That obstacle was not in any regulation but was known by experienced lawyers in similar cases. The result was negative, and the firm was discredited: a practical detail frustrated all the legal work.
It is essential to study a real case similar to one’s own in order to anticipate what will happen. A model file with all the practical steps (such as opening a bank account) must always be included until the company is fully operational.
- Claims for amounts or goods
In many lawsuits, a favorable judgment is obtained… which in practice is useless because the defendant is insolvent.
The client ends up with a resolution to hang on the wall, and the lawyer with nothing. For this reason, the lawyer must always request a solvency report before starting a claim.
- Labor disputes: It is necessary to check beforehand whether the defendant company is not in a pre-liquidation situation.
- Corporate conflicts: It is essential to review the management bodies and shareholder agreements.
- Real estate: Confirm registry encumbrances and, above all, review the minutes of the homeowners’ association to detect hidden problems in the property.
Advantages of Standardizing a Protocol
- Greater legal certainty.
- Prevention of ineffective litigation.
- Creation of an internal database.
- Strengthened trust and client loyalty.
Conclusion
The reception protocol is not a mere formality: it is the cornerstone of lawyer–client trust. That trust must be maintained at every step through clear procedures and rigorous checklists. Professional excellence begins with the initial greeting and is consolidated in the final strategy.
Highlights
- The client’s time is far more important than the lawyer’s.
- The lawyer should not attempt to impress with legal jargon or convoluted language that only conveys a desire to show off knowledge.
- The most valuable aspect of that first meeting is allowing the client to speak freely and without haste. In the smallest details of their account may lie the keys to the case, and those only emerge if they are given space to speak.
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