Customer Segmentation
Customer Segmentation
Customer Segmentation
Understanding similar traits amongst your customer base enables you to segment them into
similar groups by shared characteristics and traits. The benefit of customer segmentation is that
you can target each customer segment with a bespoke approach rather than a one size fits all
technique. Targeting by specific segment makes it easier to communicate with your customers
with message relevant to them, providing a more personalised approach with appropriate
marketing communications
Customer Profiling and Transaction Analysis
Once you have developed a profile of your customers you can then analyse transactional data
to identify patterns and trends amongst your customers by segment. As a result, your customer
profile is not only based on demographic information but also takes into account past
behaviour. You can analyse your customer profile by product type, value, frequency and
patterns of spend. Analysing the different patterns of behaviour or spend by customer profile,
provides a clear picture of your most profitable customers. Once you understand who your best
customers are, you can develop a strategy allocating the resource you would like to allocate for
each segment group. Optimising your marketing budget and improving return on investment.
Initial Contact
Initial contact with the prospective client may occur by telephone, email or in person with the
lawyer or a member of the lawyer's staff. Initial contact can compromise the lawyer or firm in
representing others in the future, so it must be managed to prevent "confidential information
attributable to a solicitor and client relationship relevant to the matter at hand" from being
imparted, thereby creating a "risk that it will be used to the prejudice of the" prospective client.
J The lawyer should establish practices1 which:
Other information to be gathered and maintained in the lawyer's conflict of interest record
should include:
1) The full names of the parties and other involved individuals such as new partners and
extended family (exact spelling, all past names or aliases used).
2) The address of the prospective client, directions and restrictions on methods of contacting
the prospective client.
3) The employers or businesses of the parties' and involved individuals.
4) The current marital status and relationship status of the parties;
5) The full names, ages and addresses of any children involved in the matter;
6) The existence of a marriage contract, separation agreement or court order;
1
"The Less You Know ... ", Elizabeth Cohen, ABA Journal, December 2002 at page 62.
7) The past and current legal representation of the prospective client;
8) A brief outline (perhaps in the form of a predetermined list of categories with checkboxes)
of the prospective client's situation and legal services sought, including the urgency of the
situation, the dates of any outstanding court proceedings or filing deadlines2; and
9) A summary of fees and retainer policies and, where applicable, fees for initial consultations.
The contact checklist should be kept for all inquiries, whether the lawyer is retained or not,
to serve as proof of the infonnation exchanged during the initial contact. The same
standards apply whether an initial consultation is complimentary or provided for payment.3
Likewise, care should be taken in receiving referrals from or offering advice to another
lawyer about that lawyer's client.'
Client Screening
During the client's initial consultation, the lawyer should assess the client's circumstances
and case from various perspectives to determine if the lawyer should agree to represent the
client. This assessment might continue during the early stages of representation. The
solicitor-client. Relationship is established by the lawyer: not by the lawyer's staff.s The
perspectives that should be considered should include:
a) Lawyer's competency;
b) Client's competency;
c) Client's needs;
d) Client's objectives and expectations;
e) Potential problem files;
f) Possibility of reconciliation;
g) Domestic violence;
h) Urgent or emergency matters; and
i) Involvement of other parties connected to the client.
Lawyer's competency "A competent lawyer has and applies relevant skills, attributes, and
values in a manner appropriate to each matter undertaken on behalf of a client.4 When the client
2
Wolfe 2003 SKQB 474: the lawyer was prevented from representing the husband where the lawyer had earlier
spoken with the wife's solicitor in a different jurisdiction about being retained in the same matter.
3
Sauter 2003 SKQB 49: the lawyer was removed as counsel for the wife where there was a previous free half
hour consultation with the husband.
4
Report of the Competency Task Force, Nova Scotia Barristers' Society, 2000. The Report provides examples
of the appropriate skills, attributes and values.
retains the lawyer, the lawyer has the "duty to be competent to perform all legal services".5 The
client can expect the lawyer to have "the ability and capacity to deal adequately with every
matter" arising in the client's retainer.
This means that the lawyer must either be competent to provide the legal services required or
capable of becoming competent "without undue delay, risk or expense" to the client.6 Where
unable to meet these requirements, the lawyer should provide the client with information that
will assist the client in retaining a different lawyer. Once retained, if the matter becomes more
complex than the lawyer is capable of handling, the lawyer should refer the client to capable
counsel. Upon receiving informed instructions from the client, the lawyer may consult or
collaborate with another lawyer or another professional on a particular issue. The client, and
not the lawyer, should retain any individual where additional expertise is needed.
Client Competency
The lawyer must assess the client's competency to give instructions and be satisfied the client
is able to instruct?7 Competency may be impeded by a client's emotional state, situational or
environmental considerations, medication, psychological factors, addictions or other issues.
Capacity may fluctuate of differ depending on the specific task required of the client.
Representing of a client may require the appointmen.t of a guardian to give instructions where
the client lacks capacity.
Client's needs
The lawyer should be vigilant in assessing the needs of the client, both "to respect human
dignity" in the practice of law and "to treat all persons with equality and without
discrimination".8 This may involve identifying special circumstances and characteristics,
including but not limited to: ethnic, cultural, linguistic, religious, nationality, literacy, physical,
medical, psychological, addiction, age, gender and sexual orientation. Once the client's
circumstances are identified, the lawyer should assess whether effective legal representation
can be provided. The client may not have experience in managing day-to-day finances, creating
a long-term financial plan, re-entering the workforce or similar matters. In such circumstances,
5
Legal Ethics and Professional Conduct Handbook, Rule 2.
6
Legal Ethics and Professional Conduct Handbook - Commentary 2.2. Commentary 2.5 also lists the factors for
detennining the "requisite degree of knowledge" in providing legal services.
7
Where a client is not competent to instruct counsel, the court's involvement will be required pursuant to Civil
Procedure Rule 6.07. Also see: Non-Adversarial Dispute Resolution.
8
Legal Ethics and Professional Conduct Handbook, Rule 18.
the lawyer should consider referring the client for advice or counselling before the client
considers negotiating a final settlement or agreement.
The lawyer should be knowledgeable about alternative dispute resolution options to a degree
sufficient to advise the client of the characteristics of each and factors that may preclude or
recommend an option in the particular circumstances of a client.
1) The prospective client's expectation that "my case" will take priority over all other cases,
whether or not due to the real or perceived urgent nature of the case;
2) The prospective client has had other lawyers and has been dissatisfied with their efforts;
3) The prospective client has unrealistic expectations about matters such as the lawyer's
response time, legal opinions are treated as guarantees of results, excessive or unrealistic
demands are made on staff;
9
"Not every lawyer suits every client" CLlA Loss Prevention Bulletin #109, November 1999.
10
Alternate dispute resolution options include: negotiation (alternatives include: negotiation between the
lawyers, negotiation between the parties themselves with the lawyers assisting, or four-party conferences where
both parties are present with their own counsel), collaborative family law, mediation, arbitration, conciliation,
settlement conferences and litigation. Also see: Non-Adversarial Dispute Resolution.
4) The prospective client refuses to follow advice or recommendations, refuses to accept legal
opinions, demonstrates a motivation to abuse the process to antagonize the other party,
gives inappropriate instructions, or quickly complains regarding representation; or
5) The prospective client refuses to payor delays in paying a retainer, makes challenges to the
retainer agreement or complains about fees.
The lawyer should consider carefully the potential pitfalls in acting for a family member or
friend. While the desire to offer assistance may be strong, the existing relationship could
hamper the lawyer's objectivity, professional advice and the client's instructions, as well as fee.
Possibility of reconciliation
The lawyer has a positive duty under the Divorce Act to discuss the possibility of reconciliation
and to make referrals to marriage counselling or therapy where appropriate. This may occur as
early as the initial consultation. Lawyers should be aware of the resources available in the
community to assist individuals in these circumstances.
Conflict of Interest
A conflict of interest underlines the lawyer's ability to fulfil duties owed to the client. A
conflicting interest is one that "would be likely to affect adversely the lawyer's judgment or
advice on behalf of, or loyalty to a client or prospective client.11 Conflicting interests may
arise because of personal interests or the interests of others to whom the lawyer owes a duty.
Anticipating the possibility of a conflict is crucial to preventing a conflict from arising. The
lawyer should maintain a system to identify and avoid conflicts. The unrepresented party51
11
Legal Ethics and Professional Conduct, Chapter 6, Guiding Principle 1.
Where a party is not represented by counsel, at the earliest opportunity, the lawyer should
inform that party, in writing,12 as follows:
To do so, you must tell me how I can reach you in a manner that is timely and confidential.
Where a party is not represented by counsel, it is particularly important to communicate this
message, if the unrepresented party might reasonably feel entitled to look to the lawyer for
any legal help.
12
Also see: Documentation, Parties and Others without Counsel.
13
It is inappropriate to act for a client against a fonner client where infonnation from the previous retainer may
be used against the fonner client: Francis v. Cook 2004 SKQB 57.
Conflict of interest between lawyer and client
A lawyer should not have a sexual relationship with a client, opposing counsel, or a judicial
officer in the case during the time of the representation. Persons in need of a family lawyer
are often in a highly vulnerable emotional state. An intimate relationship may endanger both
the client's welfare and the lawyer's objectivity.
Ingredients of contract with a Client
Fee letters
At minimum, at the earliest, the lawyer should tell the client, in writing,14 the basis on which
fees will be charged and when and how the lawyer expects to be paid. The letter should
explain responsibility for disbursements, especially the professional accounts of other
individuals. The fee letter should outline the consequences of the client's failure to pay the
lawyer's accounts and the lawyer's withdrawal.
Retainer contracts
Ideally, the lawyer should provide the client with a written fee contract, outlining the
obligations of the lawyer and the client and specifying the scope of the representation
(particularly in cases where the client wants legal services to be "unbundled, The retainer
contract should deal specifically with the consequences of the client's failure to honor the
contract, including the lawyer's withdrawal. Retainer contracts should be presented in a way
that allows the client an opportunity to consider the terms and obtain answers to any
questions about the contract, including consulting with another lawyer if the client wishes, so
the client may fully understand the contract before entering into it.
Accounts
The lawyer should provide statements of fees and disbursements on the basis agreed upon in
the retainer contract or fee letter and on request. The account statement should be sufficiently
detailed to inform the client of the basis for the fee, as permitted by the retainer contract or
fee letter, and disbursements incurred. As required by the circumstances, the degree of detail
should respect confidentiality, if the account will be seen by a third party, such as the any
govt. agency.
Security
When a lawyer obtains security for fees (through a promissory note or collateral mortgage,
for example), the transaction should must be documented and occur at arms' length. Fees The
lawyer's fee should be reasonable, based on appropriate factors.
Contingency fees
14
S Lawyers have a duty to establish their retainers with clarity and to reduce the contract to writing. Without a
written retainer, where there is a conflict between the evidence of the lawyer and the client as to the term of the
retention, weight must be given to the version of the client, rather than the lawyer: Lindsayv. Stewart, MacKeen
& Covert 1988 CarswellNS 231,82 N.S.R. (2d) 203 (A.D.)
Contingency fees can be proper in certain family law cases.15 In other cases, the lawyer's duty
may render a contingency fee inappropriate.
Documentation
A lawyer should document:
the client, noting the information on which it is based, including explanations of risks and confirmation of
ations;
he lawyer's retainer, including instructions limiting the lawyer's retainer;
ns received from the client, instructions arising out of the lawyer's advice and, in particular, instructions
contrary to the lawyer's advice;
on of retainer;
ngs and trust conditions.
action whereby the lawyer's fees are secured and the accompanying independent legal advice;
al communication with a party who is without counsel.
mum level of documenting the lawyer should prepare is a memorandum to the file.
utility is written confirmation that is sent to the client or other party involved in the communication.
15
Legal Ethics and Professional Conduct Handbook, Chapter 12 Fees, Civil Procedure Rules 63.17 - 63.20 A
dispute over the characterization of assets, for example, would be the appropriate subject of a contingency fee
agreement.
Phases of Client-Lawyer Relationship
Often a client may wish to bring a family member, new partner or friend to meetings with the
lawyer to offer support to the client. A support person may offer useful assistance to the client.
The lawyer should be mindful of the prospect that the participation of a support person may be
counter-productive to developing a strong solicitor-client relationship. The client should be
made aware that the presence of another person does waive privilege with regard to discussions
at which the other person is present. Determine whether the other person is likely to be a witness
to ensure that testimony cannot become distorted by the support person's exposure to legal
advice. If the support person is a new partner, take care to ensure the client's own interests are
not at risk of being subordinated to the new relationship.
Written communication
The lawyer's written communication with the client should be in plain language that is
appropriate to the client's literacy, fluency and vocabulary and the communications should be
timely.18
A lawyer's communication with a client may become known to the opposing party when, for
example, a client shares the communication. Lawyers should be careful to ensure that they are
not, in this fashion, negotiating directly with a party who has retained counsel.
16
Confidential communication refers to those communications which are made in circumstances which show
that the speaker intended the statement only for the person being addressed. Privileged communications are
those communications made between individuals in a protected relationship, such as the solicitor-client
relationship, which are sheltered from forced disclosure in Court at the option of the client.
17
Legal Ethics and Professional Conduct Handbook, Chapter 5, Commentary 5.2.
18
The Report of the Competency Task Force, Nova Scotia Barristers' Society 2000 stated, at 18, "The practice
of family law, by nature, has always been emotional and rife with conflicts. The practice has become even more
taxing, for clients and legal professionals, where the conduct oflawyers deteriorates to the point of incivility."
Electronic communications are increasingly popular. When using the internet or email, the
lawyer must determine the actual identity of the party with whom the lawyer is dealing and use
reasonably appropriate means to minimize the risk of electronic communications being
disclosed or intercepted.19
General
It is inappropriate to offer personal disparaging opinions on the behavior of a client's spouse or
partner.20 Certain elements of our communication with our clients will, necessarily, become
known to nonparties. For example, where a deduction is claimed for legal fees relating to
actions for support, it is preferable to provide the client with a letter certifying the legal fees
and disbursements which may be claimed, rather than requiring the client to provide a copy of
an itemized account (which may disclose confidential information) to the Canada Revenue
Agency. Similarly, if a non-party is receiving and paying the client's accounts, it may be
appropriate to provide an account which is similarly devoid of confidential information.
If the client retains new counsel, the lawyer should receive the client's consent before
communicating with the new lawyer. The new lawyer may wish to receive consent to discuss
the file with the previous lawyer when deciding whether to become retained.
When requests for information are made of third parties; these, too, should respect
confidentiality. The client's consent for the disclosure should be provided and no greater
information relating to the request should be offered than necessary.
Unrepresented Parties
The lawyer has a duty to treat and deal with other lawyers courteously and in good faith. The
lawyer is required to apply this rule when dealing with an individual who is without a lawyer.
19
Guidelines on Ethics and the New Technology, Federation of Law Societies of Canada, November 1999.
20
Solicitors' Family Law Group (United Kingdom). Legal Ethics and Professional Conduct Handbook, Chapter
13, Commentary 13.1.
The lawyer must remember, when dealing with anyone who lacks representation, that the
lawyer shall:
1) Remain objective, avoid personal animosity toward and disparaging remarks about or to
the unrepresented party;
2) Avoid sharp practice by not taking advantage of or acting without fair warning on. slip-
ups, irregularities or mistakes made by the unrepresented party, that do not go to the merits
of the case or do not result in any sacrifice or prejudice of the client's rights;
3) Adhere to the Rule respecting the use and possession of documents belonging to or intended
for the unrepresented party, and which are not intended for the lawyer to see.
4) Accede to reasonable requests for adjournments, trial dates, waiver of procedural
formalities and any similar matter that does not prejudice the rights of the client.
5) Respond with reasonable promptness to any communication from an unrepresented party
that requires an answer and to be punctual when fulfilling a commitment.
6) Strictly and scrupulously fulfill any undertaking given, and honor any trust conditions once
accepted. It is particularly important when dealing with unrepresented parties that the
particular terms of the undertaking or trust condition be confirmed in writing and be written
in unambiguous terms.
The lawyer shall at all times be courteous and civil to the unrepresented party when involved
in adversarial proceedings.
Legal advice
The lawyer should urge an unrepresented party to obtain legal representation or, at the very
least, independent legal advice. The lawyer should always be careful to avoid leaving an
unrepresented person with the impression that the lawyer is giving the legal advice or is in any
way looking out for or protecting the best interests of the unrepresented party.
Where practical, the lawyer should avoid material verbal conversations with the unrepresented
party or unrepresented third party. Where verbal conversations are required, consider whether
it would be appropriate to have a witness present or to tape the conversation. In all
circumstances, the substance of the conversation should be immediately confirmed in writing.
Trial
The lawyer should be aware of the Court's duty to ensure that an unrepresented party in a court
proceeding is made aware of the right to retain a lawyer and is given full opportunity to do so,
if he or she so wishes. The lawyer should be aware that it is incumbent for the judge, and it is
in the best interests of the lawyer's client, to explain the rules of evidence and procedure to the
unrepresented party, and give the unrepresented party a full opportunity to present its case at
trial.
However, the sense offices and understanding that is granted to an unrepresented party does
not extend to the degree where judges do not give effect to the existing law, or permit the issue
of aims to an unrepresented party to override the rights of a represented party.
Negotiated agreements
When negotiating agreements, the unrepresented party must obtain independent legal· advice
and execute a certificate confirming that they have obtained such advice prior to executing their
consent to the agreement, otherwise the lawyer may expose the client to a plethora of potential
problems if the validity of the agreement is challenged in future. The threshold for determining
whether the agreement is invalid is low if one party does not obtain independent legal advice,
and any agreement that is challenged on that basis will usually be set aside.
Legal Services
Financial Advisory Services
Business Consultancy
Accountancy Services
Taxation
Risk Management
Headquartered in New Delhi and having Offices in Mumbai, Hyderabad and Darjeeling,
Khanuka & Associates and Allied Services has advised and represented Clients from across
the globe.
APPROACH
Team Khanuka & Associates adopts the highest standards of professionalism. It is the Team’s
motto of working together with the Client to bring success to the Client. The Team is
dependable and resourceful and aims at providing quality legal services and timely delivery.
The Firm has a team consisting of Lawyers, Chartered Accountants, Business Management
Consultants, Taxation Advisors and Risk Management Consultants who are professionals
with a high level of commitment and integrity.
Team Khanuka & Associates has immense knowledge and experience in dealing with matters
relating to Inbound and Outbound Investments, Legal Due Diligence, Transactional
Documents, Joint Ventures, Foreign Collaborations, Technology Transfers, Anti-Trust or
Competition Laws, Merger and Acquisitions, Litigation and Arbitrations.
The Financial Advisory Team is well versed in complex issues of due diligence, inward and
outward remittances, tax, financial advice, etc. The Business Consultancy Team can render
complete business and operational solutions to enable the client to establish its business
practice. The Partners have an average experience of over 25 years each in handling complex
issues touching on almost all aspects of Indian and International trade and commerce. The
Team can be approached for acting like a one stop shop to enable the Client to get complete
support on legal, financial and business matters.
FACILITIES
The Firm has strategic business alliances and networking with other fellow professionals
across the globe to help the Client in ease of doing business in India.
TEAM
The Team consists of competent senior consultants in the verticals of legal, financial and
business consultancy who are backed by a Team of young, dynamic professionals. The Firm
aims to provide clear, concise and practical advice with time bound deliverables to support its
Clients’ business objectives. Its innovative and pragmatic solutions extend beyond practices
and borders to suit Clients’ business needs. The Firm’s global perspective is based on its
knowledge of the sector/industry, local laws and customs and the Clients’ requirements.
Arbitration
Banking and Finance
Contract
Corporate and Commercial
Consumer Protection
Construction
Dispute Resolution
Labour and Employment Law
Family and Succession
Healthcare
Insurance
Information Technology/Telecom
Management of Litigation
Real Estate
Railways Sports, Media,
Entertainment and Advertising
Accounting and Taxation
Address
Head Office
New Delhi
Regional Offices
Mumbai
Mumbai, Maharashtra.
Jaipur
Rajasthan
Profile of Client
Segmentation of client
Institutional Clients
Institutional clients are not natural person, these are companies, organisations, firms and
government agencies.
Individual Clients
Individual clients are natural person. These clients are individual person, need more attention
and contributes less to revenue, but these clients are vital in attracting institutional clients.
Client Profile of an Individual Client