The CLNC® Pros recently shared 15 Things a Certified Legal Nurse Consultant Should Never Say to an Attorney-Prospect. I hope you’re already using their sage advice with prospects. There are also things we should never say to our clients, so this week, we’re recommending 25 comments Certified Legal Nurse Consultants should avoid with attorney-clients. Maybe you’ve been tempted to make one or two of these 25 comments yourself. Read on to learn why you want to always avoid them.
- Avoid committing prematurely to a fixed budget. After clarifying the scope of the project – issues, volume of records, complexity of case and the level of your involvement (screening → comprehensive report) – provide a reasonable range of projected hours. Assure the attorney that you will seek advance approval if the budget needs to be increased, and be prepared to substantiate that request with an objective rationale.
- Never agree to meet a deadline when you know that you can’t. Be true to yourself and transparent with your attorney-client to strengthen the professional relationship.
- Avoid volunteering that your CLNC business is new or that you lack legal nurse consulting experience. To ensure you provide the results needed, tap into the CLNC Mentoring program.
- Never allow a case to “fall off your radar.” That is not something you want to have to confess to an attorney. A professional Certified Legal Nurse Consultant maintains a structured tracking system to monitor deadlines and prioritize cases based on the litigation stage and the attorney’s preferences. Always clarify prioritization at the time of assignment.
- Do not apologize for or undermine your invoice. Submit it confidently and in accordance with the terms outlined in your attorney-client agreement/contract. Clearly indicate the due date and available payment methods (e.g., ACH, check, credit card, etc.) In your accompanying email, thank the attorney for the opportunity to consult on the case. Express interest in future collaborations. A professional closing such as, “Thank you in advance for your prompt payment. Best regards,” is appropriate.
- Avoid excessive personal disclosure. And don’t probe about the attorney’s personal life. This is a professional relationship. Unless the attorney initiates a personal conversation, keep the discussion business focused. For example, I don’t ask if they have children or grandchildren. If they bring it up, that’s fine, but I avoid being nosy about their life away from work. An attorney-client shared that a consultant continually told him about her bar hopping. Maybe she just wanted to sound like she was fun to be with, but such communication is unprofessional. Professional credibility depends upon disciplined self-presentation.
- Never speak negatively about other attorneys. If asked, acknowledge that attorneys vary in style and expectations without editorializing.
- Don’t say you can’t meet a deadline. If you’re serious about being a Certified Legal Nurse Consultant and serious about your reputation, you will do whatever it takes to meet deadlines. The attorney who sees you go above and beyond gains confidence in you and trusts that you can consult on other matters.
- Never say “You are wrong.” Avoid confrontational phrasing. Instead, say “Upon reviewing the medical records I noted…” This is a prime opportunity to position yourself as a resource, not an adversary.
- Refrain from saying “I’m too busy to handle this.” Clarify deadlines at the outset. If I need to skip or postpone an occasional social engagement to strengthen the professional relationship, I do so. I had one attorney who needed a report within a week on a case that involved two banker’s boxes of medical records. I typically inform attorney-clients that my turnaround time is two to three weeks. Then, I do my best to beat the deadline.
- Don’t agree that the attorney only needs a physician for the case. Rather than deferring prematurely, articulate the scope of your analysis. As Certified Legal Nurse Consultants, we provide a more thorough evaluation of the case, and often catch little things or find the needle in the haystack. As a consulting expert, I do recommend the type of MD and nurse testifying experts appropriate for the case and do specify the issues requiring testimony.
- Avoid gossip and don’t pry. Focus on information relevant to the cases you’re consulting on. Never pry about cases you’re not involved in.
- Do not criticize the attorney’s staff, other attorneys in the office or other legal nurse consultants they’ve used.
- Avoid interrupting the attorney. Practice disciplined listening. Wait for a pause in the conversation, then interject where appropriate.
- Avoid political comments. Avoid disagreeing with the attorney’s political opinions, which may alienate an attorney and cause you to lose them as a client.
- Never discuss matters related to religion. For example, if a case involved a young teenage mother, don’t make comments such as, “Does anyone go to church anymore?” Such a statement would likely come across as judgmental, and the attorney may not be religious.
- Don’t criticize yourself in front of an attorney. You want the attorney to have confidence in your knowledge and skill set. For example, if you made a typographical error in a report, don’t say, “I need to remind myself to proofread my work.” This would create doubt in the attorney’s mind that you don’t proofread your work.
- Avoid renegotiating fees after establishing them. Fee consistency reinforces professional value.
- Do not retract your professional opinion just because it conflicts with the attorney’s opinion. While addressing all viewpoints are essential to successful case development, it is equally important to maintain analytical integrity.
- Avoid reflexively declining cases. Prioritize your caseload and strategically use your CLNC network to accept a variety of cases.
- Never tell an attorney-client you know about something when you don’t. A legal nurse consultant told me she argued with an attorney-client about the facts of the case. Turns out, the legal nurse was wrong and hadn’t accurately evaluated the records. This cost her an attorney-client. That’s why it’s never a good idea to tell the attorney you know something that you do not.
- Never tell an attorney-client you can’t do something. If you want a thriving business, figure out a way to answer the attorney’s questions, complete the work and ensure quality work-product. For example, don’t highlight that a case is not within your specialty. Subcontract with another Certified Legal Nurse Consultant and/or request CLNC Mentoring. Be honest with an attorney-client about what you don’t know, but do emphasize that you have access to thousands of CLNC consultants in a variety of specialties.
- Never argue with the attorney about the legal issues of the case. Remain within your scope as an RN and Certified Legal Nurse Consultant.
- Don’t overpromise and underdeliver. Honor your commitments. Provide exceptional work product. Meet deadlines. Don’t tell the attorney you can guarantee they will win the case if they consult with you. This leads to unrealistic expectations and potentially disappointment.
- Never complain about how busy you are. Be professional, positive and grateful for the work. Prioritize your cases. Remember, there are other legal nurse consultants who would be happy to replace you.
– Suzanne E. Arragg, RN, BSN, CDONA/LTC, CLNC
– Dale Barnes, RN, MSN, PHN, CLNC
– Marcia Bell, RN, BSN, CAPA, CLNC
– Carol Fridal, MS, RN, CEN, CLNC
– Dorene Goldstein, RNC, BSN, CLNC
– Evin J. Howard, PhD, MSN, FNP-BC, APRN, CLNC
– Shequita Moore, MSN, RN, LNFA, CLNC
– Michelle Neal, RN, BSN, CLNC
Thanks to Suzanne, Dale, Marcia, Carol, Dorene, Evin, Shequita and Michelle for sharing 25 comments Certified Legal Nurse Consultants should avoid with attorney-clients. Heed the CLNC Mentor’s advice and you’ll gain life-long professional relationships with your attorney-clients.
Success Is Yours,
P.S. Comment and share additional comments Certified Legal Nurse Consultants should avoid with attorney-clients.
