Client meeting
Definition and Classification
The client meeting refers to the direct exchange between a person acting as a lawyer and a person or organization seeking advice, representation, or support in a legal matter (client). The client meeting can take place in person, by telephone, or through digital means of communication. The aim of such a meeting is to clarify the concerns, goals, and questions of the client, to present legal options, and to discuss the further course of action together.
In the day-to-day work of a law firm, the client meeting is a central component of handling a case and serves as the foundation for building trust, clarifying the mandate, and coordinating both professional and organizational matters.
Role in daily law firm practice
Significance
The client meeting is crucial for the process and success of the cooperation between the law firm and the client. It creates the basis for proper handling of the mandate, ensures mutual clarity regarding expectations, and is essential for documentation and communication during the mandate.
Typical Areas of Application
Client meetings take place at different stages of a mandate relationship, including:
- Initial consultation: First contact to clarify the facts, assess prospects of success, and ensure mutual understanding.
- Ongoing coordination: Clarification of follow-up questions, discussion of interim statuses, gathering additional information.
- Consultation: Presenting various courses of action, explaining risks and alternatives.
- Final meeting: Review of the mandate, explanation of results, guidance for the future.
Processes, Procedures and Methods
Preparation
Thorough preparation is essential in order to conduct the client meeting in a structured and goal-oriented manner. This includes:
- Review and evaluation of documents already available.
- Compilation of relevant files, deadlines, or preliminary information.
- Development of a discussion guide or agenda.
Execution
During the meeting, it is recommended to follow these methods and procedures:
- Greeting and brief introduction of the participants.
- Creating a trusting and appreciative atmosphere.
- Recording and documenting the concerns and information.
- Targeted questioning to resolve any ambiguities.
- Explanation of legal steps, available options, and potential risks.
- Joint determination of next steps and deadlines.
- Summarizing the key results of the discussion.
Follow-up
After the client meeting, the following steps are usually necessary:
- Drafting a meeting protocol or memo.
- Filing important documents in the case file.
- Answering unresolved questions and sending additional information.
- Preparation and dispatch of any powers of attorney, confirmations of engagement, or letters.
Framework Conditions and Standards
Organizational requirements
Law firms often have established procedures for scheduling, confidentiality rules, and documentation of client meetings. The confidentiality and integrity of the meeting content must be preserved. There are often regulations regarding the presence of further staff, taking of minutes, and file maintenance.
Technical tools
In addition to the traditional on-site meeting, modern communication tools are also used for client meetings, such as:
- Telephone conferences and video chats,
- E-mail communication,
- electronic scheduling and documentation systems,
- special client portals for secure document exchange.
Common practices
In many law firms, it is customary to clarify the facts in general terms before the client meeting—such as via a questionnaire or a brief phone call. It is also common practice to confirm the key points discussed in writing after the meeting.
Practical relevance
Handling in everyday work
For employees in the law firm environment, the client meeting is a key process, and its professional execution significantly contributes to the quality and satisfaction within the mandate relationship. New employees are generally introduced to this area as part of their induction, receiving discussion templates, checklists, or accompanied by experienced colleagues.
In daily work, flexibility is required in order to respond to different personalities, concerns, and communication styles. A successful client meeting requires empathy, diligence, and attention to detail.
Opportunities and Challenges
Opportunities
- Building trust: An appreciative client meeting lays the foundation for successful cooperation.
- Efficient case handling: Clearly structured meetings prevent misunderstandings, save time, and enable targeted mandate work.
- Opportunity for feedback: Client meetings offer the chance to receive direct feedback and improve law firm processes.
Challenges
- Time pressure: A high workload can make it difficult to allocate enough time for meetings.
- Complexity: Especially when several people are involved or there is a large amount of factual material, a structured approach is important.
- Communication: Different levels of information or expectations on the part of the client can pose challenges during the meeting. It is important here to listen actively and communicate transparently.
Frequently Asked Questions
What is the typical procedure in a client meeting? A client meeting usually begins with a short greeting and clarification of the meeting’s objectives. Then the concerns and relevant facts are discussed. Afterwards, opportunities, risks, and further steps are addressed. Finally, the next steps and deadlines are determined.Which documents should I bring to a client meeting? This depends on the matter. It is advisable to bring all relevant documents, letters, contracts, or court notices related to the case. Often, a list of required documents is provided in advance.What forms of communication are commonly used for client meetings? In addition to the traditional on-site meeting, law firms also use telephone and video conferences, as well as interactions via digital platforms.How can I prepare for a client meeting? Preparation is key: Reviewing all available documents, keeping a summary of notes, and preparing a discussion guide help make the meeting structured and effective.Which skills are especially important for client meetings? In addition to professional expertise, communication skills, empathy, diligence, and reliability are essential.
This article aims to provide career entrants, young professionals, and applicants with a practical and clear insight into the central topic of the client meeting within daily law firm practice.
Frequently Asked Questions
Which legal frameworks are relevant for a client meeting?
In the context of a client meeting, various legal frameworks play a central role. First, the professional law of the respective bar associations is decisive, in particular the Federal Lawyers’ Act (BRAO) and the Professional Code of Conduct (BORA). In addition, the provisions of the German Civil Code (BGB) with respect to the client relationship must be observed, especially the provisions regarding contracts for services (§§ 611 ff. BGB). Data protection regulations, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG), set out how the client’s personal data is to be handled. The client meeting is also subject to professional confidentiality obligations (§ 43a sec. 2 BRAO, § 203 StGB), which require the highest degree of confidentiality. Liability issues, such as in the case of advisory errors, are governed by general contractual principles and special statutory provisions. Finally, the lawyer must also comply with the duty to check for conflicts of interest (§ 43a BRAO).
Which confidentiality obligations apply in the context of a client meeting?
During the client meeting, the Rechtsanwalt is subject to an unrestricted obligation of confidentiality according to § 43a sec. 2 BRAO and § 203 StGB. This obligation covers all information entrusted to the Rechtsanwalt by the client or otherwise learned in connection with the mandate. Confidentiality applies regardless of whether the mandate ultimately comes about or not. Breaches can result in criminal consequences and regularly render any use of statements in court proceedings ineffective. Disclosure is permitted only if the client expressly releases the lawyer from the duty of confidentiality or if there is a legal obligation to disclose, for example, in the context of anti-money laundering measures.
When does a mandate relationship arise during a client meeting and what are the legal consequences?
A mandate relationship regularly arises through offer and acceptance, in particular when the client expressly or implicitly (e.g., by submitting documents for processing) instructs the Rechtsanwalt to advise or represent them, and the lawyer accepts the mandate. The mandate relationship is a contract for services within the meaning of §§ 611 ff. BGB. Legally, this results in obligations for the Rechtsanwalt to provide proper advice and representation of interests as well as to implement the client’s instructions, while the client is regularly obliged to pay the fee pursuant to the Lawyers’ Fees Act (RVG) or an individual fee agreement. Even if the mandate does not materialize, any confidentiality and data protection obligations must still be observed.
What documentation requirements apply to the client meeting?
From a legal perspective, the Rechtsanwalt is obligated to document essential contents of the client meeting in a comprehensible manner. This duty arises for various reasons: On the one hand, it serves as evidence of proper advice to the client, e.g., in the event of liability disputes. On the other hand, the Professional Code requires documentation of relevant processes, especially acceptance, rejection, and termination of mandates. Regarding anti-money laundering regulations (GwG), additional documentation requirements exist for the client’s identification data. Documentation must be kept for at least six years (§ 50 BRAO) and, in the case of money laundering suspicion, five years (§ 8 GwG). Documentation is also subject to confidentiality and data protection requirements.
To what extent must the lawyer inform the client about costs and risks during the client meeting?
The Rechtsanwalt is obligated to inform the client comprehensively and in a timely manner about the expected costs of his or her activity during the client meeting (§ 49b BRAO, §§ 3a ff. RVG). This includes the lawyer’s remuneration (according to RVG or deviating fee agreement), cost risks of possible legal disputes (court and expert fees, advance payments, costs of the opposing party in the case of losing), as well as liability risks in the event of legal advice errors. The lawyer must also clearly and distinctly explain any prospects of success and risks of the legal approach. Failure to properly inform about costs or providing misleading information may lead to claims for compensation against the lawyer and professional sanctions.
What needs to be considered in a client meeting regarding effective consent and data protection?
Since personal data is typically processed in a client meeting, the Rechtsanwalt must comply with the requirements of the GDPR. This especially concerns the information obligations under Art. 13 GDPR, which require the client to be informed of the type, scope, and purpose of data processing. Before processing special categories of personal data, explicit consent is often required. This consent must be given voluntarily, with full information, and in writing. The client must also be informed of their rights, such as the right to information, deletion, and objection. Data security must be ensured by technical and organizational measures. Violations can result in significant fines and, under certain circumstances, criminal liability.
When and how must a lawyer check for a conflict of interest in a client meeting?
At the outset of a client meeting, the Rechtsanwalt is obliged to check for a potential conflict of interest (§ 43a sec. 4 BRAO, § 3 BORA). This involves reviewing whether representation of the opponent or a third party has already occurred or exists in relation to the potential mandate. In case of doubt, the lawyer must conduct a conflicts check based on their own files, and if necessary, use electronic systems. Taking on a mandate is prohibited if the interests of two (potential) clients could conflict. Failure to comply can result in professional sanctions and claims for damages. The duty to check for conflicts applies regardless of whether a contractual relationship has been established.