Corporate law practice lesson: Call the client for context

During my first year at The Firm, I would occasionally write about a lesson I had learned about practicing law. For instance, read and pay attention to every word (and don't skip over the appendix, the bottom of the email that you think only contains a signature, or the sections of the statute that probably don't apply); point out things you think are confusing or wrong (and don't assume that there must be some reason you don't understand, or that if it were important somebody more experienced would have already fixed it); and one I still repeat to myself: if you screw up, admit it and try to fix it immediately. The coverup is worse than the crime! (Not that I've covered anything up. But somehow the first thought that runs through my head after I get that pit in my stomach, realizing I've made a mistake, is that if I'm lucky nobody will ever find out. And then I have to be stern with myself and deal with it like a grown-up.) Another one I didn't write about, but that I think counts, is: Don't be afraid of recycling paper. Print, print, print. My eyes would fall out if I stared at a screen even more than I do now, I'm a more accurate reviewer when I'm looking at paper, and having an almost-correct version of a document is not good enough when I need the correct version in front of me.

Now that I'm experienced enough that clients often contact me directly, or partners ask me to handle matters for unfamiliar clients without giving me context first, I've learned a new lesson: to be more proactive about calling clients and getting context from them before tackling an assignment. Before I can draft an agreement, for instance, I need to understand who the client is, including their business and their corporate structure; who the other party is and the client's relationship with them; what the course of negotiations has been like; what the business deal is; what open issues exist; what the client's concerns and goals are; and what they anticipate may happen in the future. Sometimes I'm reluctant to call the client for context, for a variety of reasons. I assume that the client or the partner would have given me the context I need when making the request. I don't want to waste time and money by calling the client, especially if it's a simple contract or they want it back very quickly. If my contact at the client is the CEO or other high-level executive, I feel like an unscheduled phone call is intrusive unless I know it's a key deal for them, and scheduling a call may take a while. If I don't know the client very well, I don't want them to feel like they have to start from scratch with me when someone else from my firm should already know this stuff about them.

What I've realized is that none of those reasons matter. It doesn't even matter whether they're valid or silly. I need that context to do my job. Preparing a draft first and then talking to the client about it does not save time or money. It results in unnecessary back and forth with the client, as I inevitably learn something important during the conversation that needs to be folded into the agreement. Clients typically don't think about how much context is necessary. It's my job to follow up with them as needed, and part of that may mean resetting their expectations about how quickly I can get them the agreement.