Navigating the Minefield of Client Selection

If you practice long enough, you are going to end up with a client you wish you didn’t have. Maybe you have discovered that they have wildly unrealistic expectations about the value, timing, or merits of their case. Maybe you have come to realize that they are just overly vindictive and vengeful and only want to inflict pain and suffering on the other side. Maybe you have discovered that you are in over your head and are not competent to handle the matter. Is there a way that you could have avoided ending up in this situation? 

While it may not be possible to always avoid a nightmare client or an undesirable representation, there are steps that you can take when it comes to client selection. In her recent ABA GPS Solo Magazine article, Florida attorney Alexandra Graves offered four helpful considerations when deciding whether to take a new client. 

1. Know your time limits: Be realistic about your current workload and whether you have time to fit in a new client. If you are already overwhelmed with the amount of work that you have, you should probably turn down the representation—even if it is a valuable case.
2. Know the economics of the case: Is this client going to be able to afford to pay you? You need to have honest conversations up front with the client to make sure that they understand the potential costs of the representation. Will they be able to afford the representation? If the prospective client is going to be a plaintiff, you should also give them your assessment of the value of their claim. Do not overinflate the value to get the business. If your prospective client is a defendant, you should give them an objective evaluation of their potential defenses and exposure. 
3. Know the limits of your expertise and experience: Do not take cases or matters where you do not have sufficient expertise or experience. Dabbling in new practice areas is likely to result in a malpractice claim. It might also lead to a grievance. Rule 1.1 of the North Carolina Rules of Professional Conduct prohibits a lawyer from handling a matter which the lawyer knows or should know he or she is not competent to handle. 
4. Know whether you can get along well enough with this client to see the representation through: After you meet with a prospective client, be honest with yourself about whether you can get along well enough with this person to get through the representation. Sometimes, there are personality differences that just don’t work. If that is the case, turn down the representation. 

 A large percentage of the claims that we see at Lawyers Mutual come from what we call “red flag clients.” Red flag clients are those people who show signs up front that they are going to be difficult. They tend to fall within 6 common categories: 

1. The serial client: These are prospective clients who have already been represented by two or more lawyers before coming to see you. This is usually a sign that this is a difficult client.
2. Clients with unrealistic expectations: If, after offering an honest assessment of the value of the case, the merits of defenses, and the cost to pursue or defend, the client refuses to be realistic, this may be a client you want to avoid.
3. Budget conscious clients: Clients who want a “cheap” lawyer or who refuse to be realistic about the fees and expenses associated with the representation will likely refuse to pay your fees. They may end up using the threat of a malpractice claim as a way to get out of paying your fees. Avoid these clients.
4. Clients out for revenge or suing on principle: A certain amount of principle is a reasonable basis for a client’s position, but when the client’s judgment about the merits of his or her case is clouded by principal or a desire for vengeance, this can make for a difficult representation.
5. Clients who have procrastinated: If a client has waited until the last minute to come to you, think twice before accepting this representation. If the statute of limitations is getting ready to expire, do you have sufficient time to determine whether the prospective client’s claim has actual merit? Do you have enough time to make sure that you can identify the correct defendant(s)? If not, turn those clients away.
6. Trust your gut: Many times, when lawyers call to report a malpractice claim, they say that they knew something wasn’t right about this client. They didn’t know exactly what it was. They just felt something in their gut. The next time that you feel that way, either do some additional investigation into this prospective client or turn down the representation. 

By following these simple guidelines, you will reduce the likelihood of malpractice claims and grievances and reduce the amount of stress in your daily practice.