Many attorney-client difficulties trace back to misaligned expectations. One party assumes something the other doesn't. Frustration builds. Trust erodes. What could have been a productive partnership becomes a source of tension instead. Taking time to establish clear expectations at the outset prevents most of these problems.
Our friends at Gudeman & Associates, P.C. discuss why explicit conversations about expectations matter more than clients often realize. A thoughtful business lawyer will welcome these discussions because alignment from the start makes everyone's work more effective.
Start With Scope
Define what you're asking for.
When engaging your business attorney on a matter, clarify exactly what you need. A full contract review or just a check of specific provisions? Ongoing representation or a single consultation? Aggressive advocacy or measured guidance toward settlement?
Assumptions about scope cause problems. You might expect comprehensive analysis while your attorney understood you wanted a quick overview. You might assume ongoing monitoring while your attorney considered the engagement complete.
Spell it out. Put it in writing when practical. Revisit the scope if circumstances change.
Discuss Communication Preferences
People communicate differently.
Some clients want frequent updates. Others prefer to hear only when something significant happens. Some like phone calls. Others work better through email. Some need immediate responses. Others can wait.
Your attorney has preferences too. They may have days reserved for client calls. They may prefer written questions they can research before responding. They may have staff who handle routine inquiries.
Discuss these preferences early. Topics worth covering include:
- How often you expect updates on ongoing matters
- Preferred method of communication for routine versus urgent issues
- Expected response times for different types of questions
- Who at your company should receive copies of correspondence
- How you prefer to receive invoices and billing information
Alignment on communication prevents frustration that has nothing to do with legal substance.
Clarify Decision-Making Authority
Who makes which decisions?
Legal matters often require choices. Your attorney will provide analysis and recommendations. But certain decisions belong to you. Settlement amounts. Negotiating positions. Risk tolerance levels. Strategic direction.
The American Bar Association's professional rules address allocation of authority between attorneys and clients, emphasizing that clients control objectives while attorneys typically handle means.
Clarify who decides what. Make sure your business counsel understands your appetite for risk and your priorities. This prevents situations where your attorney makes assumptions about your preferences that turn out to be wrong.
Be Clear About Constraints
If budget limitations should shape strategy, say so explicitly. If certain approaches are unacceptable regardless of legal merit, communicate that. If timeline pressures exist, identify them upfront.
Constraints you don't mention cannot influence advice you receive.
Address Fees Directly
Money conversations deserve directness.
Discuss billing structure before work begins. Hourly? Flat fee? Retainer? Hybrid? Different arrangements suit different types of work. Understanding how you'll be charged prevents invoice surprises.
Ask about estimates for defined projects. Request regular billing so costs don't accumulate unseen. Clarify what activities generate charges. Phone calls? Emails? Research? Travel time?
If an invoice raises questions later, address them promptly rather than letting concerns fester.
Set Realistic Outcome Expectations
Legal matters involve uncertainty.
Your attorney can improve your position. They cannot guarantee results. Opposing parties have strategies too. Courts make unpredictable rulings. Circumstances change in unexpected ways.
Discuss likely outcomes honestly. Ask about best-case and worst-case scenarios. Understand what factors might influence results. Calibrate your expectations to reality rather than hope.
Attorneys who promise certainty are being unrealistic. Those who help you understand probabilities are being honest.
Revisit Expectations as Circumstances Change
Initial understandings sometimes need adjustment.
Matters expand beyond original scope. Priorities shift. New information emerges. Timelines compress or extend. What made sense at the outset may no longer fit.
When circumstances change significantly, have another expectations conversation. Don't assume your attorney recognizes that your priorities have shifted. Don't assume the original fee estimate still applies. Explicit communication prevents misalignment from developing unnoticed.
Contact Our Team
Setting clear expectations positions your attorney relationship for success. If you're seeking business counsel who values transparent communication and explicit alignment, we encourage you to reach out. We would welcome the opportunity to discuss your company's needs and establish a foundation for productive collaboration.
