Problems With Clients .....

To one degree or another, we all have problems with certain clients. Some offices have only a few, while others are essentially infested with them. Nothing will make a solo practitioner as miserable as a roster of bad cases and clients. It should be useful to look at the various species of bad situations, what causes them, and what to do about it.

1. Not your specialty: You may say, "I am a general practitioner, and I know how to do many different things, all at a good skill level". I am the biggest supporter of "general practice", if it is done well (you know how to do a few things really well and make great referrals on everything else). I've identified myself that way for many years, but what does it really mean? Whatever type of practice you have, or want to have, I'd offer this bit of advice, "REFINE HOW YOU DEFINE". Look at your biggest problem situations, the cases where you should not have gotten involved. Would you have taken them if your self-definition was clear? When it's clear in your own mind, it's clear in how you express yourself to the clients, and it will often be clear that you are not the lawyer for that case.

2. Unclear fee arrangements: I don't start actual work, or consider that I have a client, until there is a clear WRITTEN agreement laying out an outline of the case and all the fee and disbursements issues. Writing those agreements is a lot of work, and it takes concentration and effort. Sometimes it seems like it's more work stating the plan than it might be to just start doing it......and at that point you have to STOP and say, "THIS is the most important part of the case.....making the outline of what is expected and how the fees are going to work". Do not start without this. If this causes you to not start, you are ahead of the game.

3. Proving yourself: The client NEEDS help, you can see that. A little bird in your head is singing "This client needs ME". Throw that birdie some crumbs so it goes away so you can think. If that client needs help, but you are not the one, you have two choices that are way better than becoming their lawyer. One, politely decline the matter, or even better, make a great referral. If that takes a bit of work, DO IT.

4. Not following your instincts: You suspected the client was nutty, and is now driving you crazy (You knew this when you first met them didn't you?). Did you think they'd be different after they hired you? Say NO when your gut tells you.

5. The client is not telling me the whole story. Could you have found out more before getting involved? (Yes, but it would be a bunch of work just to do THAT) Doesn't THAT tell you something?

6. The client has numerous civil cases and has left a trail of broken attorneys. Were all those other attorneys in the wrong? Only when they made the same mistake you are about to make.

Bottom line: Put in real effort at the outset in making your decision on whether, to what extent, and on what fee arrangement to get involved. You owe it to yourself.....