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OMG! Where Did You Come From?
Sometimes, I ask myself this about my clients. It is inevitable. At some point in your legal career you are going to have that crazy, difficult client that you despise and whose case you want to hurry up and end. We all want the easy clients, but reality is not designed to be that kind to us all the time. How do you deal with a difficult client? Do you simply refer them to another attorney and let them deal with it? Do you withdraw and run? In this article, I discuss my thoughts and perspectives on how best to handle these individuals.
There are many different types of difficult clients. Some clients are difficult because they are needy, some may choose to go against the advice you give them, or some may just be rude and disrespectful. I have had clients in the first and last instances. I will attempt to address some of those difficult clients and how you deal with them.
The Needy Client. I have a client who expects to hear an update about their case on a weekly basis, despite there not being any new information to report. I explained to my client that I would touch base with him once I learned new information, however that was not satisfying to him. He wanted to hear my voice often. I don’t mind being accommodating, sometimes, when I am able to. Therefore, I have my paralegal call this individual on a weekly basis to give him a status report and to let him know that nothing in their case has changed since we last spoke, or it has changed and what the nature of that change has been. As an attorney, I certainly do not have the time to call every client on a daily or weekly basis, but if that is what certain clients requires, I make it a priority to have my paralegal accommodate their “reasonable” requests. Depending on the type of law you practice, such as family law, you may have clients that want to call you after hours or on the weekends constantly. You deal with this problem by letting your clients know your hourly rate and that you will charge them for calls after hours and on weekends. That rate may be an additional (premium) hourly rate above your standard rate should they call during non-work hours.
The Client Who Fails to Listen. Yes, they exist as well. It may be hard to imagine someone would hire you and then not listen to the advice you give them, but it happens. Some clients have the notion that all attorneys are just out to take your money and are friends with the District Attorney or Judge so you may not have their best interest at heart. It seems they tend to know what is better for their case than the attorney they hired. The rules of professional conduct direct attorneys to be zealous advocates for their clients and to advise their clients on the rules of law. It does not require us to force our clients to take our advice. The final outcome of a case is based on what the client’s objectives are. Once you have appropriately advised them, it is up to the client whether to do as you have suggested. If they go against your sound advice then there is no blame on your part.
The Rude or Disrespectful Client. My advice for dealing with this type of client is to not deal with them. I have had clients call my office and be rude to my staff. Absolutely unacceptable! I will not tolerate it. I am protective of my staff and they know that. I will call clients to address the issue immediately. I have no problem withdrawing from a client’s case due to the disrespect and depending on the circumstances, will refund the client’s money they have paid me to handle their case. I never sacrifice respect for money; the two are not independent of each other, but instead go hand in hand to work together. If you are involved in a case where you are unable to withdraw and your client is rude, you need to have an honest and firm conversation with them about their role and your role in the representation and what you will and will not accept from them. Usually a conversation will bring everyone back to the same page and you can resume the representation in a more productive manner. Regardless, you still have to maintain your professionalism throughout the representation.
The Client Who Wants You to Do Wrong. Simply put, do not do anything you know is illegal. This is a ground for withdrawal, and presenting this issue to a judge will certainly cause the judge to allow you to withdraw from a case.
The Inappropriate Client. Some clients will try to cross the professional line and attempt to engage in inappropriate conversation or activities with an attorney or attorney’s staff. Establish the boundary lines of the representation and do not bend them. Let the client know you will be professional and that you will only represent them if they can maintain the same discipline; otherwise, you will not accept their case or you will seek to withdraw from their case with permission from the judge.
You will encounter clients who may be difficult in other ways. Each individual and each case requires its own special handling so you will have to navigate these waters as they arise. Keep in mind, oftentimes, client’s disgruntled attitude may come from various factors happening in their life and may be misdirected towards you. Ask your clients if something is going on that you are not aware of. There may be a larger, unrelated issue for which they need some outside help. If that is the case, assist them in finding the help they need. Our jobs can sometimes entail being a “counselor” or sounding board. Hopefully, your great clients will exceed the difficult ones throughout the course of your practice.