When you saw this post title, how did you react? Was your first thought: “Kick ’em to the curb” or “I wonder where this is going?” If it was the former, don’t feel bad – it’s my knee-jerk reaction too.

When we hear the words “bad client,” we instinctively cringe. It conjures up past experiences we would rather not relive. Frankly, nothing could be more unpleasant. So what should we do?

Remedies for bad clients

Want to weed out or eliminate bad clients? Nothing beats:

1. Screening at intake;
2. Controlling expectations; and
3. Knowing when to say no.

Trouble is, most of us know these lessons.  So …

What if a bad client squeezes by?

If there is an irremediable breakdown in the lawyer-client relationship and withdrawal is viable, do it. At this stage, it isn’t going to get better. Yet, some lawyers refuse to do so.

Why would anyone hold on to a client who belittled and berated them? Denied that telephone conversations or email exchanges occurred? Refused to produce materials requested in discovery? Insisted the lawyer use unethical or illegal tactics? (All actual events that have happened to lawyers I know.)

Money is generally the explanation. The lawyer can’t afford to forego the fee (or jeopardize her job). There are other reasons too, like fear and intimidation.

I hope you never experience any of this. If you do, I hope you are strong enough to get out. If you want to talk it over with someone, consider calling one of the confidential attorney counselors at the Oregon Attorney Assistance Program (OAAP).

Is there another approach?

I was motivated to revisit this topic by blogger Celia Elwell. In a recent post, she took on lawyers and legal staff who retaliate against ill-tempered clients by putting the client’s work at the bottom of the stack. Since I’ve witnessed this too, I wanted to share this point made by Ms. Elwell:

Most people, as a rule, do not call an attorney’s office because they are having a good day. Before they became our clients, they realized they had a problem, tried to deal with it, were unsuccessful, stressed, and lost sleep. In short, we are not seeing them at their best.

Take good notes when your clients vent, rant, or repeat themselves. Because they are upset, they may be mistaken or confused. Let the client know that you are listening to them. Interrupt only when you need them to repeat something to make sure you get it right. Document the clients’ concerns, and tell your attorney they called and why.

While her remarks are directed toward staff, they are good reminders for us all.

If you didn’t spot it, notice I suggested above that withdrawal made sense if (a) it was viable and (b) there was an irremediable breakdown in the lawyer-client relationship.

What if you aren’t there yet? This is when Ms. Elwell’s advice comes in handy.

Do not under any circumstances intentionally retaliate by putting the client’s work at the bottom of the stack. At the least, it is unprofessional. It will also likely result in a bar complaint and/or legal malpractice claim. Instead, take the high ground:

• Try to diagnose what went wrong. Is the client mad at you or someone else? Is the client mistaken or confused? Is this about money? How stressed is the client? Consider scheduling an in-person meeting to air out client concerns.
• Go out of your way to be courteous and considerate. Instruct staff to do the same.
• Do high quality work in a timely manner.

It’s easy to be resentful and decide that we’re going to give what we get. But if you go out of your way to appease the upset client, you remove all rational grounds for disputes, complaints, and claims. It’s better to remain professional, even if the “bad” client never appreciates it.

All Rights Reserved 2018 Beverly Michaelis

Postscript

For more tips on improving client relationships, check out this CLE:
7 Steps to Building Better Client Relationships.