Some Clients Need Another Lawyer
Mr. Smith was on his best behavior during the consultation. He will get worse.
October 28, 2019 at 10:32 AM
3 minute read
You arrive at your office for a busy morning, which includes a new client consultation with a certain Mr. Smith, seeking representation in his divorce. Your normally cheerful assistant seems stressed and tells you that he arrived early and is waiting. Without pause, you walk into the conference room and extend your hand. Mr. Smith appears impatient. Unhappy. Angry. He clearly intends to control the meeting and to talk but not listen. He wants a "bulldog attorney" to humiliate his wife and needs to know that you are tough enough for the job. Money is not an issue, he says. He's got plenty and would rather give it to you than her anyhow.
Seasoned attorneys know exactly the type of client I am describing. In my earlier years, I made the mistake of representing a few Mr. Smiths, which made my practice more difficult than it should have been. Years later, with a view from the bench, I see young attorneys struggle to control such clients. Here's what I wish I had known from Day One:
- An initial client consultation is not a one-way interview. You are evaluating a potential client as much as that person is evaluating you.
- Mr. Smith was on his best behavior during the consultation. He will get worse.
- 5% of your clients create 90% of your headaches.
- Although uncomfortable, it's easier to decline representation after one meeting than to end a problematic attorney-client relationship later.
- Lawyers must not only be on guard against their adversary, but also their clients. I wish it were not so.
- When Mr. Smith loses, it will have nothing to do with his conduct. It will be your fault, and he will tell everyone.
- The client you decline can be more consequential than the client you accept.
- There will be plenty of other clients.
Lawyers shouldn't expect perfect clients. Difficult circumstances cause people to act out of character, and people seek out attorneys during the most difficult times in their lives. Good lawyers lead clients through those times and find great professional satisfaction in the process. But for this to occur, you must have a client who is willing to hear you out, follow advice and be (at least somewhat) reasonable.
On the occasions I declined to represent a Mr. Smith, I was polite and explained the importance of the right fit between an attorney and client. I waived my consultation fee and wished them the best of luck. Sure, I lost revenue, but it was worth it.
One of my favorite movies is "A Bronx Tale." In one scene, Sonny (the local crime boss played by Chazz Palminteri) sees his young mentee, Calogero, yelling at a fleeing teen. Calogero explains that the kid owes him $20 and is dodging him. Sonny asks, "Is he a good friend of yours?" "No," says Calogero, "I don't even like him." Sonny says, "Look at it this way … It costs you $20 to get rid of him. … You got off cheap. Forget it."
Judge Dean Bucci was appointed to the Paulding County Superior Court by Gov. Nathan Deal in 2015. Prior to his appointment to the bench, he was in private law practice in Dallas with the firm of Plumley & Bucci.
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