By Deborah Wolfe
Even more difficult than finding enough clients to keep a lawyer gainfully occupied, is knowing when and how to end representation of a client when it becomes clear that the relationship isn’t working. We have all had to disengage from representation, and doing so is frequently fraught with peril for both the attorney and the client. While no article can completely cover every potential scenario, this series of articles will attempt to provide the practitioner some guidance in moving through the process ethically.
The best way to avoid having to undertake the uncomfortable task of firing a client is to start at the beginning: avoid undertaking representation of a client with whom you will have to disengage. While it is impossible to be 100% accurate in determining at the start of a relationship who will be that “difficult” client whose representation will lead to an eventual need to end the relationship before accomplishing the client’s goals, there are certain warning signs that one can discern from the outset, and usually during the first meeting. Not every lawyer is a “good fit” for every client; there is no shame in turning down representation of a person with whom you do not feel comfortable — whether for a particular reason or for no reason other than a “gut feeling.” While not an exhaustive list, some “red flags” are: persons with a long history of litigation; those unwilling to heed advice contrary to their opinions; refusal to accept any responsibility for their own actions; telling the lawyer what to do, as opposed to asking the lawyer for recommendations; inability/unwillingness to provide the lawyer with requested documents or information; inadequate financial ability to sustain the litigation or transaction for which advice is being sought; untruthfulness; and volatility.
Any potential client who is reluctant to provide the lawyer with adequate information/documentation and time to consider whether or not the lawyer should undertake the client’s representation, is a person who should be viewed with suspicion. Someone who has waited until the last possible moment to contact the lawyer, such as being only a few days before the statute of limitations, should be viewed with distrust. A good question to ask such a potential client is, “How many other lawyers have you consulted with before coming to me?” If the answer is more than two or three, and the client has been turned down by all of them, it begs the question, “What do they know that I don’t?” If the potential client talks disdainfully about lawyers who had previously represented the client, the lawyer should understand that undertaking the representation of that client will make the lawyer next in line for that client’s dissatisfaction. And, of course, a lawyer should not undertake representation of a client in any area in which the lawyer lacks competence. (See California Rule of Professional Conduct, “CRPC”, 1.1)
While we all want to have sufficient work to do, sometimes that best money we will ever make is the client we didn’t take! The next article will address when it is appropriate to end representation of a client, and the last in the series will focus on how to end the relationship ethically, and with the least risk of harm to the client.
Deborah Wolfe (dwolfe@wolfelegalgroup.com) is a trial lawyer, strategist and coach with a CLS in both Legal Malpractice Law and Civil Trial Advocacy.