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How to Deal with Difficult Clients
Every Virginia Attorney will come across difficult clients during the course of their legal practice. Sometimes you can tell the minute they walk into your office while other times it becomes apparent during the course of the representation. How you deal with these clients will go a long way towards a successful Attorney-Client relationship or a messy divorce resulting in no future referrals and, possibly, a bar complaint.
Be a Listener
Many times, a client’s difficult personality is the result of a prior abusive relationship or family upbringing. Listen to their needs and be sure to advise them of the likelihood of success in relation to their expectations. Sometimes it will take longer to explain the realities of what they are facing but don’t be afraid to take this important step. They may have a lot to get off their chest before your relationship can proceed to the merits of the case. If you simply ignore their rants it can spell trouble for the both the Attorney-Client relationship and the case in general. He will likely not know how one should proceed in a case like his, and before you know it, your unadvised client may be requesting a trial when the proper course of action is to enter a plea pursuant to a plea deal or vice versa. If you have taken the extra time with them this result can be avoided and a solid Attorney-Client relationship can be created.
Screen Your Clients
During the initial consultation you will have a chance to meet and gauge your clients. Some will be so easygoing and will simply hand you the reigns and let you handle the case without their input. Other clients will want a certain specific result which may be easily achievable. However, in some cases, clients will have unreasonable expectations and have misguided views on the legal process. If you cannot remove the unjust expectations after a thorough discussion about the case, it may be best to decline the case.
Sometimes you may have a client that thinks the police officer is a racist and charged him simply because of his race. In other instances the client may have had an argument with the officer and he is now arguing with you about the case. In these cases, be sure to address his expectations by asking what result he thinks is appropriate given the circumstances. Many times he would happy with a simple reduction in a traffic ticket and, notwithstanding his anger, you can help him. In other cases, he may demand a dismissal of the charge. While this client is certainly entitled to a trial if so requested, make sure it is for the right reasons. A trial based on hate is never a good reason to have a judge or jury decide the merits of the case. If, however, the client feels like he is not guilty based on the facts of the case, be sure to advise them of the likelihood of success and let them know you will do your best. If they appear disenchanted after this discussion, a red flag should go up and you should think thoroughly about whether it is worth your time.
Withdraw as Your Client’s Attorney
As a last resort, if the Attorney-Client relationship is irreparably damaged, file a motion and move to withdraw as your client’s attorney. Advise your client that both he and you are not on the same page, but that a different attorney may have a better understanding of his background and his expectations. Of course, the motion is up to the Judge and they will either grant or deny your request. If the motion is granted, be sure to provide any requested documents to the client and/or his new attorney. If the motion is denied, do your best and be sure to “paper” your file. File all appropriate motions and thoroughly note your time spent on the case. Be able to show the time and preparation you put into the case (including the communication) with your client upon request. In the event there is a bar complaint later on the down the line you will be in a position to show the tribunal the work and time you have put in.
Sometimes, however, if you do what you can for the client and the work-product is apparent, your difficult client may be surprisingly grateful that someone stood up for him. Many times, all a client wants out of his Attorney is an advocate. There are a host of Attorneys in Virginia that have stories of trials gone wrong. A number of those Attorneys also still have a happy (albeit difficult) client because that client felt represented to the fullest and had their day in court. At the end of the day, at the very least, these clients help an Attorney keep the police honest.