Setting up an elderly client practice

*A story to make you laugh (or cry)
In one firm I worked for (which will remain nameless) their policy was to use office juniors as receptionists. Straight out of school, they were cheap and normally malleable, the senior partner telling me that they had had ‘an older woman’ once but she had bossed them about and refused to make their tea. One day I was out at lunch, my secretary as well. An elderly lady cam in and whispered to the young receptionist ‘my husband has just died.]# The girl, hardly looking up from her Cosmo, told her to wait in the waiting room. She tried our extensions, had no reply and promptly forgot about it. About half-an-hour later the old lady, anxious and upset, came out, and, not even finding the receptionist this time, left. Luckily one of the other secretaries had heard the exchange, told me on my return, and I managed to contact the old lady and apologise. We nearly lost a client!

So, once the building itself is set up, it is vitally important to ensure the quality of staff. When I started I was told by a colleague (who is a good businessman) ‘pay peanuts and you get monkeys’ – it is true and despite the problems of staff salaries, staff rights, and the costs it does pay dividends to have good staff – quite apart from the horror story above, good people can promote the firm – especially the receptionist. Remember the receptionist is the first port of call for most visitors or those who telephone and a friendly greeting at this stage can be a great boon. Most older people still respect – and some fear – solicitors. The initial friendly greeting allays some of those fears.

A good receptionist would offer a visit to the toilet facilities if a person has come a long way, without the client having to ask.

If for some reason there is going to be a wait (which there never should be) then drinks should be offered. I don’t keep clients waiting – with the intention that we save on our catering costs! Remember the agony of waiting in a dentist’s? That is how many clients perceive visits to solicitors. So the ambience should be one of friendliness, comfort, and quiet efficiency.

Think about the chairs in reception – low leather armchairs are for the businessman not for older people. Have high chairs that are easy to rise from.

Confidentiality is important and the waiting area should, ideally, be separate from the incoming/outgoing telephone calls.

Computers should be turned away from clients so they cannot inadvertently see a letter to another; they may object to the fact that others could see their private affairs.

Post should not be scattered around for waiting clients to see.

Carpets should not be frayed, as I have seen in offices. Both the reception and offices should be uncluttered to allow for easy manoeuvre, not only for wheelchairs, but also even with walking sticks.

Some of these matters seem obvious and would fall within health and safety issues but be aware that if you are acting for the older person they may well have mobility problems which mean you have to have a higher degree of care with them than others.

So, assuming your client has battled through the maze of the reception area and is now inside your office. This should be bright – nearly all older people have difficulty in dull conditions. Your desk should not be situated so that there is a window behind you; this means you could be silhouetted so the client cannot see your face, possibly making it hard for them to hear you. Always have standard lights turned away from the client; otherwise they may think they are being cross-examined.

Then great care should be made to observe a new client. Quite apart from our duty to ensure adequate mental capacity, any solicitor dealing with the elderly should always be questioning whether the client has hearing or sight problems and deal with them accordingly. This can be addressed very easily and without embarrassment; as the client a question suddenly on the information you have been giving them (not ‘do you understand?’ but something like ‘You did say you had three grandchildren?’). If the response is one of bewilderment it is a clue that they may not be hearing too well. Don’t start shouting! It is better to take a deep breath and speak from the diaphragm – that way your voice will penetrate. Again, asks the client to read something – if they then admit to difficulty then use larger font, in bold, for letters. Remember that older people are proud and few will admit to problems such as these; it is for the professional to be alert to them.

In the interview, there are various points that I will paraphrase, again by using a list from the UoS gerontology course:

And finally, a practical tip:

All advice to older people should be confirmed in writing, even if the client says no. It can easily be explained that it helps you the solicitor, to keep matters in mind by writing a letter – and if they admit to sight problems bear in mind what I say above that with modern computers the font can be increased – usually font 16 will be sufficient.

Try to use diagrams or pictures to explain further the consequences of legal advice.

One of my projects in developing my firm is to investigate ways of getting Braille interpretations of my advice.

Sign language should also be available

Always end an interview by telling the client what you intend to do next – and do it! Remember that retired people have a lot of time on their hands (or some of them – most of my clients seem to be so active they hardly have time to fit in an interview with me) but that time can drag so a week will seem a long time to them; aim to write the follow up letter as soon as they leave so that they receive it either the next day or the day after.

Remember this will also help cash flow – and avoid negligence actions if a will, for instance, is not processed before the inevitable happens.

On final point – even the best office is not as good as visiting clients in their own home or in hospital if the matter is urgent. Visiting clients at home is useful; you can gauge whether the client is being realistic about their assets. Quite often and elderly person will have no idea of the value of their home and it is only when you visit it can you see that it is going to be way above the nil rate band and perhaps something ought to be done (see later article).

I should stress that my office premises suggestions are the idea and I would not want all elderly client solicitors to bankrupt themselves by trying to find ideal premises and moving!

Jenniifer Margrave is a solicitor practising from her own offices in Guildford, Surry. She can be contacted on 01483 562 722.