Defending Atticus welcomes this guest post from Josh Horn, whose Securities Compliance Sentinel is well worth a read:
In the years that I represented lawyers, I learned that many mistakes happen in the client selection phase of the attorney-client relationship. Mistakes in client selection can, in some instances, lay the groundwork for future litigation. The key to avoid this risk is to identify problem clients at the outset of the relationship.
So what types of clients should be avoided? Here are three characters that should raise red flags.
The Free Agent. This is the client who has jumped from one law firm to another, typically in a short period of time. This client will never be satisfied and is likely to sue if the results are not to his liking.
When confronted with the free agent, ask yourself what makes you different than all of the other lawyers left in the client's wake. The answer is almost always nothing. Avoid this potential headache before it happens.
The Dreamer. This is the client who comes to you with unrealistic expectations in light of the facts or applicable law. Although lawyers are charged with thinking out of the box to resolve unique problems, trying to satisfy the dreamer is a losing proposition. Stop and think before you take this leap of faith because a client with unrealistic expectations could become an opponent in a future dispute.
The Reach. This is the client whose problem you want to fix, but haven't before and probably don't possess the skills or experience necessary for the job. The practice of law is becoming more specialized. If faced with a potential client who needs skills that you do not possess, refer that client to someone who can help.
If you have to make an outside referral, in the long run, you and the client may benefit. The client gets the skill set needed to handle the issue. In turn, you now have a future referral source. Reaching for a client beyond your area of practice may only buy you trouble down the line.
The practice of law is complicated enough. Be selective about who you represent. In the end, it may help you avoid problems later on.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
