Practice Management

The Client Is Not Always Right

By chucknewton

Susan Cartier Liebel at Build a Solo Practice had a good question from a reader who wanted to get rid of a pro bono client who was out of control, and she had some good advice.  I guess none of us really wants to be a Donald Trump and say "you're fired" to our clients but, apart from Trump's bad hairdo, I am not sure why this is so.  Moral upbringing I suppose (and yes attorneys do have and struggle with moral issues).  We desire to help other people.  But, it is a little like Felix Unger forcing himself on an elderly woman in crossing the road when the woman neither wants his help nor wants to cross the road.

When I was younger I often had the same problem as Felix Unger, but what I discovered is that a client that will not take my advice, or pay me, or who is always in conflict with, or who has a low image of me or I of the client, does not represent a good working relationship.  When this happens the relationship has to go.  Just because the client clings to you or I does not mean the client needs you or I.  The point is that we too often want to give aid where no aid is really wanted. If aid was actually wanted the client would treat the attorney better, take the advice and try to pay.

I had a series of calls from an attorney this past year in which she was representing a client that was continually upsetting the judges, the opposing counsel and his ex-wife to the extent the attorney was taking untold flack.  The client was popping off in the most inappropriate ways in court and in discovery, the attorney could not control him, he was demanding a ton of work be done and, worse that anything, he had stopped paying.  The attorney called to actually solicit advice about the bankruptcy judge that was now involved and who had thrown her and her client out of the courtroom -- actually told them to get out. The attorney was beside herself in that she could not control her client.  Instead of giving her legal advice, my advice was that the client was not controllable, was too time consuming, could not be satisfied and was not paying.  "Fire the client", I told her.  The a month would go by and the attorney would call again for some more legal advice.  And, then a month later another call.  With each call the lawyer would moan on about this guy.  I kept asking, "why are you still representing him"?  She would say, "I don't know, I guess I feel sorry for him".  My point is he was using her, that she should fire him immediately.  I do not think she every did.

I am telling you that these are the types of clients that make fix fee billing such a miserable practice.  If you fire them, are you firing them because you do not want to live up to the bargain?  They paid you.  If you give them back the money, do you have to give it all back?  I can tell you that bad clients thrive off fix fees.  I do not know if one attracts the other, but they seem to go together.

My point is that if you stay in a bad relationship with a client, you are not doing either yourself or your client any good.   The truth lawyers hold on to these cases and clients too often because of greed or vanity.  The greed is because they hope for money if they can just somehow turn the client or case around.  The vanity is that good or bad, right or wrong, the attorney just hates to fail.  This ignores the fact that you are not likely to get paid what you deserve, or the fact that sometimes you and your client deserved to lose.

In the case of the attorney who called me for advice, her client is a Grade A Ass, and Grade A Assess do not deserve to win.  (There I said it).

Whether your client is being disrespectful, is trying to micromanage the legal portion of the case, has too high of expectation you cannot control, is trying to nickel and dime you on your fees, is being unreasonable, or you just do not like the way they smell, the truth of the matter is that life is too short going through it feeling homely, tired and ugly.  You cannot be the best person or the best lawyer if you client will not help.  So, fire the bad ones.  Fire the ones that make you feel this way.

And, have some backbone about it.  Be direct.  Do not play games with them and find an excuse or try to raise their fee.  Do not try to force them to leave.  Tell them to leave.  Be polite and truthful.  The reason is pretty truthful.  "We are not getting along and you deserve an attorney with whom you can get alone".

Jay Foonberg once said that when your secretary sticks her head in your door and says "You know who is calling", and you know who "you know who" is, it is time to fire that client.

This is really a work-balance or blending issue.   Forget about the money you probably will not ever get anyway.  You cannot be your best away from work if you are allowing someone at work ruin your well being and attitude.  Do you really want the dread of coming into work every day knowing you will have to deal with this person?

Learn to fire your clients.

Full post as published by Chuck Newton on February 08, 2008 (boomark / email).