1. Overlooking the Importance of First Impressions
In the legal profession, how you come across during the client intake process can affect your bottom line. You and your firm might have the legal chops necessary to represent a potential client and their case best. Yet, factors beyond legal ability can lead to a potential client deciding to go elsewhere. Characteristics like approachability and attentiveness during the first interaction with a potential new client can color that client’s perception of you and your firm and lead them to choose you over a competitor.
Not only do clients want an attorney who knows the law, but they also want a supportive partner who understands their situation. The law firm and the client benefit when the atmosphere during the intake process is this way. How can a law firm achieve this? First, our firm believes that it starts with the client’s first interaction with any firm member. The client should feel that the interaction is professional and personal, whether through the phone or face-to-face.
This method reinforces the idea that clients are cherished and helps shape the kind of relationship where clients may become more trusting and candid with the provider. In an industry with many alternatives, the ability to make a “first” impression that truly counts can differentiate a practice from its competitors. By following a client-centered intake model, practices can ensure prospective clients feel both honored and comprehended from the moment they initiate contact.
Training Tip: Make every first impression count. Elevate your firm’s intake process by training your staff to be professional and empathetic from the first contact.
2. Failing to Train Staff Properly
You are correct in saying that legal intake training plays a pivotal role in ensuring client relationships succeed. The intake process is the first opportunity for a firm to establish any relationship with a potential client, so this phase must be approached with more than the cookie-cutter customer service skills often employed in other contexts. Intake training should encompass many components, but the first among equals is the confidential conversation. The legal ethics about which you so aptly conjectured serve as the underpinnings that support the relationship between a client and the lawyer. These relationships, especially in the early stages, depend on establishing trust. In today’s world, where information seems omnipresent and, at times, should be underground, the assurance of confidentiality lays the foundation for any relationship between a potential client and the lawyer.
Furthermore, the personnel gathering the information must assess the potential urgency of the situation for the person contacting the law firm. They are required to carry out these steps perfectly, so I am telling you about them in the order that I am. I am pressing the step of figuring out the potential urgency of the situation because it is often a mistake to think that a person contacting a law firm can assess whether or not their problem is urgent properly. In addition to what I have just told you, another critical part of this step involves listening with empathy. That is because the emotionally charged nature of legal issues makes it especially important for the staff taking the information to be not only good listeners but also kind and supportive in their interactions with the person contacting the firm.
Moreover, it is helpful to incorporate role-playing into the training. The trainers can set up different scenarios that allow the staff to practice handling the types of inquiries they will likely receive and the situations they might encounter. They can simulate some truly challenging conversations. Again, the staff must learn that the intake is more than just a procedure; it is the front line of the firm’s investment in a client relationship. The staff must navigate through the conversation and, along with the problem-solving aspect, reinforce the bridge of trust that the firm is building with the client. Also, this is good practice for the staff because it is the first opportunity to establish long-term loyalty with the client.
Training Tip: Don’t leave your client relationships to chance. Invest in comprehensive legal intake training to ensure your team is fully equipped to handle every situation with professionalism and expertise.
3. Ignoring the Power of Active Listening
A law firm’s busy atmosphere can easily lead to an oversight of the importance of such skills as active listening. But while this might sound like an innocuous slip, it can have some seriously detrimental effects on a firm and its clients—if it leads to misunderstandings, missed messages, or compromised cases. Listening happens at multiple levels. When specialists engage in authentic listening, they work at all three levels. Hearing is just the first step. The second step is to somehow work on the level of comprehension. After these steps come the thoughtful responses that lead to forming a primary relationship with the client.
Active listening is about more than simply hearing. It compels the listener to engage fully with the speaker, using both verbal and non-verbal cues to demonstrate attention, empathy, and understanding. Listening may appear to be an essential task, but the nuances of active listening confer many benefits in any conversation, especially in difficult ones. When done well, listening allows for the kind of intimate understanding that produces effective and efficient legal representation. Difficult conversations are ordinary in law. Listening to a client takes on even greater stakes when considering that the law, like life, is replete with high-stakes situations and complex details.
In addition, trust and good relationships between clients and legal professionals come from active listening. When clients feel understood, and their part in the conversation feels essential, they are more likely to share vital details that could have a meaningful impact on their case. This kind of conversation leads to a clear assessment of the situation and a more favorable outcome overall. Not listening actively can result in the appearance of a legal professional who doesn’t care enough to put in the work necessary to understand the client’s situation and find a way to make the conversation consistently go in the client’s favor.
Besides making client connections more robust, active listening can also boost teamwork among legal professionals. When attorneys and their support staff practice active listening with one another, the basic idea is that they’re facilitating conversation. They’re making it possible for ideas to flow and for the team to work through problems and arrive at solutions together. That dynamic is obviously good for client connections, but it’s also essential for legal team dynamics.
In summary, the legal profession cannot underestimate the importance of listening to clients. Law firms that practice the art of listening will find their client satisfaction scores rising. The reason is simple: You demonstrate that you care when you listen well. And when you demonstrate that you care, clients are much more likely to be satisfied and to trust you with the delicate task of handling their legal matters. In my experience, the best lawyers are superb listeners.
Training Tip: Enhance your client interactions by mastering the art of active listening.
4. Underestimating the Need for Empathy
The legal profession demands several high-stakes components in establishing and nurturing client relationships—especially for those practicing in the field of family law, where the emotional toll on clients can be significant. Yet, in these high-pressure, high-stakes, and high-toll scenarios, it seems that empathy has become an increasingly scarce commodity. Many legal professionals engage in what Ohio State University law professor Amy B. Cohen has termed “the efficiency imperative,” which prizes speed and technical expertise over emotional engagement. This current approach risks creating a transactional relationship with clients—a relationship that can leave clients feeling misunderstood and, in many cases, entirely alone.
For many people, the law is hard to comprehend and even harder to navigate. When clients come to us, they are frequently experiencing some of the most challenging moments of their lives. Whether they are entangled in the criminal justice system, wrestling with the dissolution of a marriage, or contending with the aftermath of an injury, they are not simply asking for legal advice. They are seeking reassurance, understanding, and a sense of security. By being empathetic, we can help our clients bridge the gap between their legal issues and the emotional toll those issues take on them.
In manifold ways, empathy expresses itself in the legal profession. Law is not just a profession of facts, legal theories, and dangling participles. It is also a profession where understanding—deep understanding—of the clients and the clients’ situations is absolutely essential. When attorneys listen to their clients when they hear what they are saying and not saying, when they take the time to really understand the stress that the situation is causing (and no one is more assuredly under stress than a client who is in the midst of a lawsuit); then the attorneys are doing good work, legal work, work that aligns them with the ancient tradition of the empathic lawyer.
Additionally, showing empathy can increase client satisfaction and loyalty. Clients who feel valued and understood are much more likely to stay with their attorneys for the long haul and to refer them to others. We’re living in an era of increased competition and globalization. If you’re a non-U.S. reader or a U.S. reader whose identity isn’t tied to the legal profession, you may not be aware of just how many law firms there are, how many lawyers are practicing at those firms, or how many of those lawyers have pursued the same goals and served the same clientele as you, for many or all of the past couple of decades (to say nothing of how many very similar law firms and lawyers exist abroad). The absence of solid, close-to-the-surface relationships with your clients can be an enormous competitive disadvantage.
To sum up, legal knowledge is undoubtedly important, but what is even more important in forming lasting and loyal client relationships is the knowledge that clients are humans, too. When attorneys recognize the dimensions of their clients’ experience and understand the importance of that experience as it relates to the client wanting to form a bridge to their attorney, they operate in the realm of not just legal affairs but also human affairs. And that is the secret to forming a solid and lasting client relationship.
Training Tip: Stand out from the competition by fostering empathy and training your team to develop their emotional intelligence (EQ), which will lead to better relationships with PNCs.
5. Skipping Detailed Case Documentation
It is, in fact, perfect that explicit documentation occurs during the legal intake process. When a case has reached the initial pleading stage, it should not be too much to ask for thorough, even perfected, documentation. The lead-up to the intake is the lead-up to the initial stages of a case, and clear precedent should exist for all the clearly stated legal arguments necessary to win a case for a client. Speed should not be prioritized above all else, and the intake should not be viewed as some part of the legal process that exists only to get to the next part of the legal process.
The first line of defense against errors in a legal case is accurate documentation during the intake period. That means attorneys and support staff must take the time—yes, the intake period is really the first step of a case, and clients have as much right to good service as to good legal work—to meticulously record all relevant details. From my work life as a former law firm COO, I can tell you that intake does not always receive the reverence it deserves.
In addition, a thoroughly recorded intake process enables a more thoughtful and deliberate approach to managing client cases. With all essential data at hand, legal professionals can concentrate on the case’s strategic aspects, delve into its potential problems, and craft the kind of robust overall representation that ultimately wins. They can also concentrate on the case that needs to be won at the right time without dilly-dallying.
In addition, comprehensive documentation promotes a better bond between attorney and client. Clients are much more likely to trust the legal process and the people involved if they see their concerns and the details of their cases being handled thoughtfully and with care. This is much better communication and cooperation than some partners between attorney and client might experience. But it all starts with the intake. Neglect that, and attorney-client relationship problems could arise.
To sum up, although legal firms may be under pressure to complete their tasks quickly and on a tight schedule, they should not let that push them into shortcuts—particularly when it comes to maintaining accurate and thorough records. What can sometimes seem like a simple matter of preserving intake for posterity can have substantial benefits for the present as well: Better records lead to better results, both in terms of client satisfaction and the efficient operation of the firm.
Training Tip: Don’t let crucial details slip through the cracks. Implement rigorous documentation practices and automations from the start.
6. Neglecting Follow-Up Opportunities
Client involvement and engagement are what strengthen the relationship between a legal office and its clients, and of course, this begins with the legal intake process. The legal intake process is basically the meeting that prospective clients have with service providers (i.e., lawyers, in this case) before they decide whether or not to hire them, and it is the first truly significant moment in the life of a legal case. During this stage, providers of legal services have to really listen to the prospective client and attempt to understand the situation that has brought them to the meeting. One way or another, a client who enters into this initial relationship with a legal office should come out the other side feeling like they were honestly heard and that their problem is substantial enough to be worthy of a legal solution.
When clients feel appreciated and listened to, they are more inclined to select your firm over competing options—because, in this instance, they feel there’s an actual investment in their matter. Moreover, follow-ups allow us to clarify any complex legal concepts we may have discussed in an initial meeting. Legal jargon can often be conflated and cause clients to leave a consultation wondering what was said and what it all means. A simple follow-up serves to bridge that trust gap by showing that we care as much about their case as they do.
The follow-up process can be too frequently overlooked and too little understood. Why does it take these few moments to ensure that an individual considering hiring our firm actually feels he’s been given due consideration as a potential client? It seems essential enough. However, when it comes to making an excellent first impression, ensuring that a potential client feels he has been fully listened to and understood during the intake process seems crucial. After all, the untold story of a legal problem has been a significant part of a potential client’s life until he contacts our firm. The intake story has not been easy to tell, so what about the potential client not having an easy time with it?
A well-thought-out follow-up strategy can elevate a law firm’s client satisfaction and retention to the next level. When a firm places this kind of emphasis on communication, it isn’t just telling clients it cares. By staying in touch, a firm can also give clients a sense of security. Communication keeps the firm top-of-mind for any future legal decision a would-be client might have. For a client with a current legal issue, it conveys a level of commitment that can enhance satisfaction.
Training Tip: Train your team on the 5-minute follow-up rule. Strengthen your client relationships with consistent, thoughtful follow-ups, and watch your cash flow increase significantly.
7. Inadequate Understanding of the Legal Practice Areas
A common pitfall in the legal intake process is the inadequate understanding of A law firm’s first contact with a would-be client. It is an important moment, and its people should understand the areas of law practiced by the firm. Problems happen when the staff responsible for handling intake knows less about the firm’s practice areas than the potential client does. This can lead to miscommunication, wrong client expectations, and lost clients—all because the staff for intake didn’t understand what kind of help the firm could provide.
Legal intake is a vital function. When it is not performed well, it can lead to negative results for both clients and legal service organizations. Those negative results usually stem from misassessments—when the staff fails to accurately understand the client’s inquiry’s true nature. A classic example is the personal injury prospective client who is erroneously directed to a family law attorney. That situation is a time waster for both the prospective client and the legal service unit—and time wasted is the least of the ills that can come from an incorrect direction.
Furthermore, insufficient knowledge can lead to the establishment of incorrect client expectations. If staff members are not ready to give reliable details about the firm’s competence or the probability of success in a certain case, clients may be unable to make a well-informed decision. Feeling misled or underinformed can be just as damaging to a client’s perception of the firm as setting incorrect expectations. Both outcomes can happen when staff members do not know what to say and stumble through an inadequate presentation of the firm’s merits and differentiators.
Law firms must invest in regular training and update their intake staff on relevant legal practices to lessen this risk. The training should cover the particulars of various practice areas and “invaluable communication skills and client management techniques.” By no stretch of the imagination is the intake conversation a pro forma event. It requires a knowledgeable and confident staff to make the kinds of judgments that intake staffers must make and avoid the errors that can toss a prospect into the too-easy-to-get-lost pipeline.
Moreover, continued education instills a culture of competence and professionalism in the staff. This culture surely translates directly into a better client experience. As law firms become more complex and interactions with law firm personnel more common, improving the clients’ experience with law firm personnel should certainly be a goal.
To improve, law firms and their personnel should constantly probe client interactions for opportunities to improve. Staff competence is the foundation of improving experience, client trust, and reliance on the law firm.
To sum up, the legal intake process plays an integral part in clients’ engagement and can significantly impact a firm’s success. The process is prone to a common pitfall: the intake staff does not adequately understand the firm’s practice areas, which leads to poor communication among staff, unrealistic expectations set for clients, and degradation of client retention. The fix is simple: train the staff well and train them often. Of course, training is only beneficial when the staff is unlearning bad habits and learning new, good ones.
Training Tip: Ensure your intake staff is fully informed and capable of handling inquiries across all your firm’s practice areas.
8. Rushing the Intake Process
The intake process is a legal requirement, a first step in the formalities that must be navigated before anything meaningful happens between a potential client and a law firm. But as far as I can see, a well-executed intake accomplishes some crucial things. First, it gets the essential information necessary to allow the firm to determine whether or not it can take on the potential client’s matter. Second, it establishes, in the potential client’s mind, that the firm really does care about the precise problem he or she has brought to it and that it has every intention of treating him or her like an individual with a serious legal matter and, of course, unique.
On the other hand, a client’s intake that takes too little time can be detrimental to building a trusting relationship between the client and the attorney. The reason for this low trust stems from the feeling one gets when allotted only a few minutes to speak about a significant life event. A person might begin to wonder if what they say is genuinely being taken to heart or if it is being aced to move them along to the next part of an intake that, for them, feels long and drawn-out as it is. However, let us go on record saying this: The more time invested in a client’s intake, the more the client can feel their legal professional is concerned about and invested in what just happened to the client, causing them to seek legal services.
To sum up, any business operation can benefit from increased efficiency. Yet, in the very first phase of legal practice, which we might call “intake,” it is just as vital—indeed, more so—to engage in the not-so-businesslike behaviors of meticulousness and even some client-facing warmth. A half-formed intake puts at risk legal reputation, client satisfaction, and the very foundation of case management.
Training Tip: Don’t let haste undermine your client relationships. Take the time to build trust and gather all necessary information from the start. Remember, “Slow is smooth, and smooth is fast!”
9. Not Utilizing Technology to Streamline Processes
Today’s fast-changing digital world presents an opportunity for the legal profession to bring technological innovation to the front door of the law office. The “intake” process is something every law office has to deal with. In the old days, law firms simply had a secretary take down all relevant information when a prospective client first called. This was a pretty systematized process, where secretaries would often take intake calls and then schedule callbacks to lawyers at a later time. On the other hand, some law firms utilize modern technological systems to intake prospective clients. Still, these contemporary systems are often not fully integrated with the law office’s other operations.
The outdated legal intake procedure usually requires people to key information in by hand, necessitating the use of paper forms and making it difficult to schedule appointments without error. These inefficiencies can lead to missed appointments, lost documents, and mistakes that frustrate clients and staff. The traditional legal office must adopt more modern practices to serve its clients efficiently. It can do that by using legal intake software. Legal intake software can make the process of onboarding new clients much more efficient; that efficiency translates into fewer errors and better service. Clients can now do much of the necessary work online. Once they finish, legal intake software has the capability to do something in automated service that a paralegal or legal secretary has done in a primarily manual service for decades. Legal intake software can now take the information from a prospective new client and translate it into something usable for a prospective new client’s attorney.
What is more, contemporary legal intake systems are jam-packed with functions that dramatically up the ante on client engagement. Virtually all modern intake applications include automated reminders and follow-up notifications. These features work together to ensure the potential client is kept in the communication loop and engaged in the intake process. Automated client communication can serve to ‘wow’ in a way that might not have been possible in the past.
Besides boosting operational efficiency, using technology in the legal intake process allows law firms to concentrate on their core objective: establishing and nurturing client relationships. When automated, the myriad of mundane, day-to-day administrative tasks performed by legal intake professionals gives those same professionals—and, by extension, the attorneys with whom they work—more time to do the one thing they should do best: understand and serve clients’ needs. And make no mistake, efficiency is vitally important in the legal world. After all, at its most basic level, in any given circumstance, the law firm that performs or provides the most efficient and effective service will more likely than not be the law firm that “wins.”
Moreover, using legal intake software can give firms important information. With the help of data analytics, the firms can now track more closely what is happening with the potential new clients they are talking to. They can see how they are doing overall (for instance, are they getting better at conversion, are they staying about the same, or are they getting worse? ), and they can see which intake methods and which personas seem to be helping them more and which seem to be helping them less.
In summary, many law firms are missing a big chance when they don’t use technology in the intake process. Modern legal intake software can do what the old way does not: engage the client from the start with fewer mistakes. Mistakes can equal a missed opportunity. An opportunity to be more efficient. A chance to better serve the client. It is an opportunity to show the client that the law firm cares about its service. In the end, the law firm that intake serves is a law firm that embraces technology.
Training Tip: Streamline your intake process with the latest technology. Implement automation at every point in the intake process that makes sense. The more you can remove the weakest link in your process (which, sadly, is the human element), the more you can ensure that every step is followed exactly the same way and in total completion each time.
10. Overlooking Confidentiality and Privacy Practices
The legal profession holds the principle of confidentiality as a core tenet. It protects the client and builds trust in the relationship between the attorney and the client. Attorneys have a legal and ethical duty not to disclose information related to the representation of a client. It is crucial to ensure that everyone involved in the case understands the need for confidentiality and the necessity of maintaining it at all costs. This duty holds even if the attorney has information that may help prove that a person committed a crime. On an informal basis, during the intake part of the representation, for even a good reason, and for even a few minutes, not maintaining confidentiality can harm our clients.
Client confidentiality is a fundamental value for any legal firm. Counselors and associates must be trained to understand that even the appearance of impropriety can damage client relationships and the firm’s reputation. The staff must understand the necessity of avoiding any conversations about cases in unsecured environments. Nor should they ever rely on email. If the firm cannot afford the proper safeguards, it is better to operate on the premise that all electronically stored data is vulnerable and to maintain absolute control over what is sent and to whom.
In addition, both physical and digitally sensitive documents can be unintentionally mismanaged, which can be a big problem for client confidentiality. Legal teams need a straight protocol for all types of documents and for all member teams. Secure disposal of physical documents is part of this protocol. Electronic files, as well as access to them, must be managed securely. These types of security are how most legal teams work now, but visualizing these steps in the protocol can help with their practical implementation. These steps—along with the precise chain of custody essential for any type of confidential document, whether physical or electronic—are ways to “mind the store” for client confidentiality.
Continuous education and training play an essential part in this. The legal team is much better equipped to deal with the murky waters of confidentiality if awareness and a culture of accountability are part of its operating imperative. One can almost hear the L.A. Law theme playing as the next scene unfolds. Yes, there is potential danger aboard, and, as we have seen, vigilance is not enough. Upheld confidentiality demands vigilant conversation handling, information storage, and document control.
In the final analysis, being devoted to confidentiality makes client trust possible and makes it seem natural. Trust is an essential ingredient in the lawyer-client relationship. The reason is simple. For a client to be able to place trust in the lawyer, the client must be able to rely on the lawyer to hold in confidence the information that the client provides and that the lawyer uses in the course of the representation.
Training Tip: Protect your clients and your firm by prioritizing confidentiality and privacy practices.
11. Failing to Set Proper Expectations with Clients
It is imperative to clearly state to the clients what consequences, timeframes, and costs they can expect. This is the next step in the legal intake process after the client has been persuaded to come and talk to the lawyer. We don’t often think of human persuasion as linked to the law, but it is. Lawyers should be able to persuade clients to believe what they should.
One of the principal advantages of simple and direct communication is that it minimizes uncertainty. Clients come to lawyers when they are in a fog of questions and worries. Providing plain, unvarnished, and unambiguous information about possible results, legal procedures, and probable expenses tends to “light up” the legal landscape. Clients can then see what lies ahead, choose among the various paths with which the law presents them, and feel as if they are again in control of their lives.
In addition, it is vital to establish reasonable timeframes. Protracted legal issues are not uncommon. They’re often drawn-out and intricate, typically demanding a resolve that seems interminable. If your client seeks resolution in a matter involving the law, it is almost certain that he or she has a vested interest in that resolution coming sooner rather than later. Without expectation-setting on your part, a client might be led to believe that the work you’re doing on his or her behalf is somehow stalled—that it’s not moving forward when, in fact, it is.
This process needs another key ingredient to work appropriately: cost transparency. By far and away, the most significant cost concern that clients have is the legal fee. Even in wealthy and upper-middle-class households, paying retainer fees and monthly bills doesn’t feel good; it’s equivalent to writing a check to the dentist or doctor. All three professions can end up demanding as much or more than any good service (distinguishing them from lousy service). Thus, when clients complain about feeling gouged or threatening to go elsewhere, this undoubtedly has something to do with the fact that any of these three types of professionals can produce miserable financial and unhappy outcomes because they’re disappointed. Don’t feel like good outcomes.
To sum up, the legal intake process is a zero-sum game for clear and straightforward conversation. Unless those conversing can see eye to eye, one will invariably win the conversation, and the other will lose it. Clients are in the greatest need of clear conversations with all parties during the legal intake process. They need to hear what’s being said and say what’s needed with as few obstructions as possible because there is so much hanging in the balance.
Training Tip: Build trust from the first interaction by setting clear and realistic expectations with your staff and clients.
12. Losing Potential Clients Due to Poor Communication
You are absolutely correct in your observation that communication is the linchpin of the lawyer-client relationship. Indeed, we can go further and say that there are multiple, and possibly even several, essential aspects of communication that are necessary for a good relationship to develop and be maintained. You mentioned the intake process, which is crucial, but there is also the aspect of simply returning calls or messages promptly. If an attorney does not return a call or message promptly, it indeed creates an almost immediate sense of neglect and unprofessionalism.
In addition, employing legal language can create a distance between clients and attorneys. Legally trained individuals often cannot fathom how their chosen words might affect a lay audience. Attorneys have been trained to think in a certain way and to use a specific lexicon, but clients have not. How an attorney communicates can make or break a relationship with a client. Once that gulf has been crossed, it cannot be re-crossed without severe consequences for the attorney’s appearance in the client’s life—that is, for the relationship of the attorney to the client.
Cases require not just an occasional nudge but regular updates. Clients want to know the progress of their cases, any strategy changes, and possible outcomes. When it comes to expectation management and anxiety reduction, no news is not good news at all. Even if counsel has nothing new to report, a simple status update can go a long way in maintaining the client relationship. When cases do not seem to be moving forward, updates that serve as reminders of the counsel’s ongoing casework can help enhance the relationship’s currency. Counselors might also consider employing various communication media. Not every client will prefer to communicate similarly; some might be more text-friendly than others, for instance.
Moreover, establishing a safe space for inquiries and issues is crucial. Lawyers should prompt their clients to share anything they may be uncertain about and must ensure the clients understand it is safe and even expected for them to share those kinds of things. Active listening and empathy are key here. When a client feels that their attorney is invested in not just what is said but also what is left unsaid, they are more likely to feel a bond with and trust their attorney.
To sum up, the communication dynamic in the attorney-client relationship is complex. Keeping the client informed takes an “all hands on deck” effort. Few clients are “informed” in how we would like them to be when it comes to the intricacies of the law. That is why we, as attorneys, must be “informers.” We must inform and also bemuse. The best way to bemuse is by speaking and writing in a way that is understandable or, even better, in an entertaining way. However, the two things—understandable and entertaining—are very closely related.
Training Tip: Don’t lose clients due to poor communication. Overcommunication has never been a complaint to any bar association. More is always better!
Contact The Law Firm Management Academy!
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