Telephone Communication Skills for Legal Hotline Advocates

1. Telephone Communication Skills for Legal Hotline Advocates September 22, 2011 Presenters: David Godfrey, ABA Meredith Childers, NJP Shoshanna Ehrlich, CERA

2. Recording • Today’s webinar is being recorded • It will be posted on legalhotlines.org within 3 days • Great way to train other staff members that weren’t able to attend

3. Welcome! If you joined the conference via telephone, please enter your audio pin if you haven’t already. (The image on the right is an example - your audio pin will be different.) If you joined with a microphone and headset or speakers (VoIP), please be sure your device volume settings are properly adjusted. If your mic & headset is not working, please tryunplugging and re-plugging in your device. We will begin promptly at the top of the hour.

4. Please, let us know your questions and comments during the presentation Maximize/minimize your screen with the chevron symbol Telephone participants need to enter their audio pin Ask a question in the questions log Will be time dedicated for questions

5. Skills For Handling Calls • Handling “Normal” Calls: • Setting the tone • Listening Effectively • Taking Charge of the Call • Offering a Resolution • Closing the Call • Handling Difficult Callers • Assertive or Aggressive Clients • Talkers • Non-Talkers • Angry clients • Delusional Clients

6. Setting the Tone • Have them at Hello – your voice has to take the place of face to face meeting • Match your tone to the client • Align with the customer’s inconvenience or distress before tackling the issue. • “They don’t care what you know until they know you care” • Your voice is you – speak in a comfortable pitch and not too quickly; avoid terms the caller may not be familiar with.

7. Listening Effectively • Active • Listening before, during, and after we speak Before: Pay attention to the emotion in the client’s voice During: Align your response with the caller’s emotion After: Listen for signs that the caller has understood • Active Listening Put yourself in the other person’s shoes Ask questions and use short messages to show you are listening Let the caller finish without interrupting

8. Taking Charge of the Call • Use open questions to gain broad understanding of the situation • Use closed questions to ensure understanding of the situation • Ask questions developed to spot issues in the client’s scenario • Paraphrase and summarize as needed; pause frequently

9. Offering a Resolution • Educate instead of ordering, directing or blaming. • Create an action contract with the Client • Encourage the client to write down all the tasks and deadlines • Send the client written instructions as well whenever possible

10. Closing the Call • Ask a closing question: “Is there anything else I can do?” or “Have I answered all your questions?” • Don’t promise the client you will do something that you cannot do • Document, document, document…. Memorialize all conversations/interactions with the client in the case management files

11. Leaving a Message Two most important things Name Slowly and clearly Spell it if not obvious Phone Number At least twice Speak slowly

12. Why Me? Why are some clients difficult? We see people in crisis Hurt Injured Angry Wronged Sick In pain

13. Approach to the issue Concentrate on communication behaviors Techniques for managing behaviors Diverse underlying causes Can’t cure the causes

14. Types of Difficult Clients Assertive or aggressive clients Talkers Non-Talkers Frequent Flyers Angry Delusional Diminished Capacity

15. Assertive or aggressive clients Behaviors: Impatient Rushed Cold Loud Show authority Name droppers Demand action

16. Strategies Raise your assertiveness level, but always keep it below theirs

17. Aggressive If your voice is soft, raise it slightly Be direct and to the point Stick to the business Cut the small talk Sit tall

18. Aggressive Clients Do not be offended by the lack of rapport Culture plays a role

19. Talkers Want to tell you Life story Lots of things unrelated to the issue Too much Information Can’t get away Talk and talk and talk and talk and talk

20. Varieties of Talkers Social Talkers Just like to talk Will respond to reason Talkers with special needs NEED TO TALK Are very difficult to reason with Sort between the two Allow extra time with special needs

21. High Volume Environment Try more then one technique to control the conversation If you can’t control the conversation recognize that the client may have special needs Have a plan: Out of queue Follow up appointment In person interview

22. Strategies Try to understand the reason Let them know you have other obligations Communicate time limits

23. Interrupt to focus I really need to ask . . . Let me interrupt you for just a moment . . . I think we need to focus on . . . Can we get back to . . . It would really help me to know more about . . .

24. Control the conversation The person who ask questions Shorten pauses Tag a question onto the end of an answer Can you tell me about While we are on the subject This may sound unrelated, but

25. Use Closed Questions Limited answer questions How many children were born during the marriage to Bob? Who was your last employer? Multiple choice or suggested answer Did you rent or own the home on Jones Road? Bob is Karen’s biological father?

26. Set Limits Establish ground rules There are three issues here, let’s start with Concentrate on one issue at a time Redirect the conversation back to that issue

27. Ending the Conversation I know you are busy, so I’ll let you go now I need to get started on this right away, so I am going to run May I call you tomorrow after I have done some research? I have another call holding I hate to run, but my 3:30 appointment is waiting

28. Non-talkers I have a problem Short answers No answers Only what is asked Fear

29. Surprises are for your birthday You need them to talk Set the scene for privacy Explain confidentiality Explain why it is important that you know Offer examples Offer to help them find answers

30. Encourage – reinforce Get them talking about things they know Closed to open questions Don’t fear the silence - He who speaks first buys it

31. Frequent Flyer Club Don’t Make Assumptions Listen with an open mind Ask probing questions Identify/test ultimate goal Look For New issue that you can help with Change in circumstances If underlying problem still unresolved If irresolvable, counseling

32. Handling Angry and Delusional Callers Telephone Communication Skills for Legal Hotline Advocates Center for Elder Rights Advocacy September 22, 2011 * Meredith Childers Northwest Justice Project Seattle, WA

33. Angry Callers Anger is a natural response to perceived threats. It is a completely normal, usually healthy, human emotion. In the legal services context, we see individuals reacting in anger for a variety of reasons, including fear, anxiety, frustration, disappointment, sadness, substance abuse, and mental health disability. Anger can become counterproductive during a client interview. What strategies can you pull out of your hat for working with an angry caller?

34. Strategies: Depersonalize - It’s not about me! Let the client vent; Sympathize; Be firm to keep the client on track; Talk calmly and softly; Take a break; Ask for help; Don’t take abuse – you might just have to hang up. Angry Callers

35. Delusional Callers Delusions: The DSM-IV defines a delusion generally as a persistent belief in a situation that is imagined, but not impossible. A person experiencing a delusion holds personal beliefs that are false, inaccurate or exaggerated (e.g., that people are after them, that they are royalty or a spy or a specific well-known person such as Elvis Presley or the Pope, that a famous person is in love with them, etc.). Most common delusions are paranoid delusions: the belief that someone or something is going to harm the person in some way.

36. Delusional Callers Strategies: Try to be clear about who you are and what you can/cannot do; Don’t attack the delusion; Don’t validate the delusion; Recognize the client’s feelings about the delusion and move on; Try to focus the client on her legal issue; Recognize when you have become part of the delusion; Encourage the client to seek mental health services or emergency services where appropriate.

38. Rule 1.14 Client With Diminished Capacity • (a) When a client's capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.

39. Legal Capacity • Does the client have the capacity to engage a lawyer? • Does the client have the capacity to complete the legal transaction? • We assess capacity all the time

40. How we assess capacity • Ask questions and listen to the answers • Can they can answer • Do the answers make sense • Do the answers match what you can verify • Are answers consistent from beginning to end of the conversation • Can they make simple decisions

41. Considerations from Comment 6 to rule 1.14 • Articulate reasoning for decisions • Variability of state of mind • Appreciate consequences of decision • Substantive fairness of decision • Consistency with known long term commitments and values

42. Decisional ability Memory (short and long term) Communication Comprehension Mental flexibility Calculation Disorientation Emotional distress Emotional inappropriateness Delusions Hallucinations Poor grooming Look for

43. Diminished Capacity • Have a plan • Face to face meetings open the most channels of communications • Referral to other service providers (with permission) • Office call • Home visit

44. Assessing Legal Capacity • Task or transaction specific • Testimonial Capacity • Contractual Capacity • Capacity to Convey Real Estate • Health Care decisions

45. The Decision to Withdraw • Better to turn them down, then let them down • Make the decision before you enter into representation – if at all possible • Make it your fault • I don’t have the resources • I can’t do what you need

46. Rule 1.16 Declining Or Terminating Representation • (a) a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if: • (1) the representation will result in violation of the rules of professional conduct or other law; • (2) the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or • (3) the lawyer is discharged.

47. (b) a lawyer may withdraw from representing a client if: • (1) withdrawal can be accomplished without material adverse effect on the interests of the client; • If appointed or in litigation you generally must request permission to withdraw • (2) the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent; • (3) the client has used the lawyer's services to perpetrate a crime or fraud; • (4) the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement;

48. Optional Withdrawal • (5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; • Payment • Signing and returning documents • Providing essential information within the control of the client

49. When to withdraw? • Look to the ethics rules • Client stops responding (Non-talkers) • Client does not supply needed information and reasonable efforts to help them obtain the information are fruitless (Aggressive, Angry and Talkers) • Force you into an ethics breach (Aggressive or Angry) • Is forcing you to break the law (Aggressive) • Persists in criminal or fraudulent activity

50. Firing the client • Have a written retainer • Warn them in writing • Be specific • Set a date • Send them a notice of intent to withdraw • Ask permission if appointed or in litigation • Send notice of withdrawal • Help the former client • Provide copies of the file