As lawyers, we often feel a strong pull to help everyone who walks through our doors. After all, we are trained to solve problems, advocate for clients, and defend clients’ interests. But sometimes, the best advice we can give a prospective client is to walk away.

Consider this scenario: A prospective client contacts a lawyer about a dispute she is having with her homeowner’s association. The prospective client has put in a chicken coop with chickens in her backyard. The restrictive covenants prohibit keeping chickens on a property. The HOA has threatened fines and a lawsuit if she doesn’t come into compliance. She wants to hire you to defend her. You interview the client and confirm that she was given a copy of the restrictive covenants at the closing and was aware of the prohibition. She just thinks the rule is unfair. She is willing to pay you whatever it costs to defend her. What should you do?

I have known some lawyers who say that they are willing to take any case as long as the client is paying the fees. But here we have a potential case where you have concluded that there are no real defenses to the prospective client’s position. The client will likely have a judgment entered against her and she will pay you substantial attorney’s fees. Even if the client is willing to pay you to defend her, the better course of action here is to put on your counselor hat and recommend to the prospective client that she simply remove the coop and chickens from her property. 

Situations like this are more common than you might think. I have seen situations where clients ask lawyers to file appeals or motions that have no legal merit, hoping to buy time or create leverage. I have seen other cases where the prospective client doesn’t have much of a case and just wants a pound of flesh. Sure, the lawyer could probably file a complaint that avoids a Rule 11 motion. That doesn’t mean it’s a good idea to file the lawsuit.

Then there are the cases where prospective clients want to pursue claims where litigation costs will far exceed any potential recovery. Examples include minor contract disputes with expensive expert requirements or claims against well-insured defendants where damages are minimal. A good lawyer will explain all of this to the prospective client and encourage the person to walk away. 

In all these circumstances, the lawyer’s role shifts from advocate to counselor. Rather than simply taking the matter and generating billable hours, the lawyer should do what is best for the client. That will often mean telling the client that they should abandon their claim or forego the motion or appeal.

Sometimes, the hardest cases to decline are the ones where the client is desperate or insistent. But taking a case for no other reason than a potential fee is never worth the professional or ethical risks. Helping clients make informed decisions is one of the most important services a lawyer can provide.