These are difficult times for lawyers. In such times, lawyers and law firms, of every size, are understandably reluctant to turn down any opportunity to gain a new client, and so may tend to see every potential client as a good one. The reality, however, is that not every prospective client is a worthy client, and many will be problem clients. Moreover, professional liability insurers report that a substantial number of claims against law firms could have been avoided had the firms exercised more diligence before agreeing to certain client representations, either by refusing the engagement altogether or by insisting on certain safeguards in the engagement terms.
That is why every law firm, regardless of size, should have in place a set of screening protocols and intake procedures designed to identify “unworthy clients” and thereby minimize the risk of taking on a problem client. This article offers some suggestions on how to assess whether a potential client might turn out to be a problem client.
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