With Some Cases, You Should Just Say "No"
As a solo or small-firm lawyer interested in building your caseload,
you’ll be tempted to take almost any case from almost any
client. The more experienced lawyer knows better. You’ll be
offered many cases that should be turned down.
After you have an established caseload, you can afford the luxury
of laying out your time and money to gamble on profitability. Although
there are many instances when you should turn down a case, here
are twelve timeless scenarios to avoid:
1. When You Are the Second or Third Lawyer on the Case
Be very careful. There may be honest personality differences between
the client and prior lawyers, but multiple lawyers often indicate
- A nonmeritorious case;
- An uncooperative client;
- A nonpaying client.
Check with the prior lawyers before accepting the case. Ask the
prior lawyers if there is an unpaid bill or lien for his or her
fees involved. If, after checking, you believe in the client and
the merits of prosecution, then by all means accept the case if
you want it.
2. “Hurt Feelings” Cases
This type of case usually has wrongful conduct by the defendant,
but no provable special damages on the part of your client, or nominal
damages at best. The case and your compensation are dependent on
either presumed or punitive damages. Examples are libel and slander,
barroom brawls, and assault and battery cases.
3. Landlord-Tenant Cases (Unless You Are Paid
in Full in Advance)
It makes no difference if you represent the landlord or the tenant,
your client will never be happy and will never pay you after the
case is over. Landlords greatly resent having to pay you money to
evict someone who is already delinquent in rent or who is busting
up the place. Landlord-tenant disputes are often more vindictive
than divorce suits, and each side wants to use the lawyer for revenge
if they can use the lawyer for free.
4. Slip/Falls (Unless There Are Substantial Damages)
Even the most meritorious slip/fall case is hard to settle for a
fair amount short of a trial. You’ll spend huge amounts of
time and have very little to show for your efforts.
5. Bankruptcies (Unless You Are Paid in Advance
in Full)
It was embarrassing when my client amended his bankruptcy schedules
to include the unpaid balance of the fee due me.
6. Clients Who Loudly Proclaim That You Can Have All the
Money Recovered; They Are “Only Interested In the Principle”
These cases fall into the same category as the “Hurt Feelings”
cases outlined above.
7. Clients Who Want to Use Your Telephones, Secretary,
and Offices to Do Their Business
I don’t know why, but this type of client always seems to
end up being trouble. Be forewarned.
8. Clients Who Ask for a Loan of Money Against Their Case
You’d be surprised at how many new lawyers get stuck lending
small amounts of money to clients. When clients say that if you
don’t lend them some money they’ll have to go to another
lawyer who will lend them money, then you’re better off without
those clients.
9. Cases Where “They’ll Settle Right Away
Because They Can’t Afford the Publicity of Litigation”
When a prospective client makes this statement, I cringe. For some
reason the adverse party in this type of case will consider discussing
a possible settlement as soon as the United States Supreme Court
denies certiorari. When you hear these magic words, convince the
client that a noncontingency hourly rate payable in advance is best
for him or her. Convince such a client that a contingency fee in
such a case would overcompensate you as the lawyer in view of the
early anticipated settlement of the case and that cash up front
for hourly billings is more fair to the client.
10. Cases Totally Without Merit
If a case has no chance, be honest; tell the client you won’t
handle a case totally without merit. Keep in mind that you are not
obligated to take cases that could and probably should be handled
by publicly funded lawyers such as those in legal aid and public
defender offices. Remember also that if your fee agreement is properly
drafted, you can withdraw from the case. But don’t forget
that you cannot hold onto the client and stop working due to an
unpaid fee.
11. Clients Who Admit to Seeing Other Lawyers Before You
But Who Won’t Tell You the Names of their Previous Lawyer(s)
The prospective client may have been told they have no case and
then lied to you by giving false facts to entice you into taking
them as a client.
12. Clients Who Refuse to Give You Their Home Address
and Want You to Accept Only a P.O. Box or E-mail Address.
They usually are concerned that you’ll look for them if they
don’t pay.
Find out more about the book How
to Start and Build a Law Practice, Fifth Edition
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