The Initial Appointment

The initial appointment can make or break an office. Providing a free initial consultation is a great marketing technique. Clients enjoy being able to 'check us out' before getting a bill. The free initial appointment is a great public relations tool, and starts the attorney-client relationship out on a positive, comfortable note. However, giving away complimentary initials can use up a lifetime and create no income if initial consultations don't create business or if business produced isn't lucrative enough to make up for time spent in initial appointments.

On the average, over 95% of initial appointments should generate business. The vast majority of these orders should be for comprehensive estate plans. Initial appointments which don't result in work ordered are not considered failures. Sometimes these are people who don't need anything but instructions on how to put a payable on death designation on a certificate of deposit. In those cases, during the initial, directions are written out for the client to take to the bank. The client leaves with nothing owed and an easy way to implement the advice given. The referral business from those individuals provides an incredible pay-back for time spent. Most consultations will show a need for a power of attorney, health care directives, or other documents that will more than cover the cost of the initial appointment.

The initial appointment must accomplish five things:

1. Make the client feel comfortable, to create enough trust so the client shares pertinent details.
2. Obtain facts and determine the clients' goals (which are not always what we may assume the goals are).
3. If applicable, complete the appropriate checklist.
4. Complete a fee agreement, so the client knows what additional information is needed, the cost of the plan, and payment terms.
5. Schedule a date for the next appointment and insert it on the fee agreement. Do not schedule a follow-up appointment until the fee agreement is signed.

If these five requirements are met, the client and the attorney know exactly where they stand at the end of the initial appointment The client knows what is needed, specifically what is being suggested, what the total cost will be, and when work will be completed. Clients appreciate this objectivity and are impressed with the organization and speed with which their plan can be completed. The attorney has a complete record of everything discussed, has all information needed unless it is listed on the fee agreement, knows what income will be generated, and knows when the plan will be signed.

Both the client and the attorney win in this situation. If you're doing free initials, and, after the client leaves, you're unsure of what is to be done next, then the appointment was probably a waste of time for both you and the client. The initial must be the first step, and, in order to move forward, we must know what the next step is. If a next step is not needed and we don't need to open a file, that's fine, as long as that is understood. Having files 'floating' where no one knows what is supposed to be done, is a nightmare for both client and attorney. The client has not received the direction needed and planning may never be completed, much to the client's detriment. The attorney wastes substantial amounts of time in the initial and in follow-up phone calls to determine what, if anything, should be done.

An excellent rate of estate plans ordered at the end of initial appointments is attributable to the structure of the initial, as well as the marketing and public relations program and the steps taken before the appointment. Due to steps taken before the appointment (such as using Cowles Practice Building Supplies), in many cases the client coming in for the initial appointment with you will have read A Practical Guide to Estate Planning, watched a DVD, read a newsletter, and/or attended a seminar. The client has probably either been referred by an existing client or another professional or has been on your mailing list for some time, receiving some of the above items.

Being up-front with clients about the type of services you provide is important. Clients should be screened by the front desk before appointments are scheduled, so you don't end up with an initial appointment regarding bankruptcy or divorce if you don't practice in that area. When an initial appointment is scheduled and it's pretty certain that a comprehensive estate plan is to be discussed, a confirmation letter is mailed with an 'Information on Fees' sheet, A Practical Guide to Estate Planning booklet, a worksheet, and a prepaid return envelope requesting return of the worksheet prior to the appointment. This makes the client comfortable with an appointment a few weeks away (except for emergency situations), since time is necessary to get the worksheet prepared and back to you. The worksheet also promotes thought by the client prior to the appointment in regard to trustee, personal representative, guardianship and other appointments, as well as organization of basic financial information and any existing documents. Receiving the worksheet prior to the appointment helps the attorney in estimating the amount of time required for the initial. Providing information on fees up front gives the client an indication of expense ahead of time, and, if someone is not willing to spend over $20 on the estate plan, they may cancel the appointment. This saves the attorney the time of a wasted initial appointment (unless the attorney specifically chooses to provide the service pro bono). Sending the booklet ahead of time gives the potential client information so that, during the initial appointment, ideas presented are not totally new. This makes the decision as to whether to go ahead with the estate plan an easier one.

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