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Selecting and Evaluating Cases: How to Avoid the Problem Client

By William S. Bailey

CLIENT SELECTION IS THE MOST IMPORTANT PART OF ANY CASE

Representing any client is an enormous investment of time, energy and money. In that plaintiffs trial attorneys only get compensated for their time if they are successful, their economic health depends on making wise client selections up front. One nightmare client can make any practice a living hell, interfere with the ability to represent other clients and ultimately result in a Bar complaint, or worse yet, a legal malpractice claim. The client a lawyer does not take may be as important to his/her practice as the ones he/she agrees to represent. While no list of dos and don'ts is foolproof, experience has taught me that problem clients can be identified early on with a systematic, thoughtful approach to intake.

Any successful result is based on a well-supported liability and damages case. However, underneath that, it is critical for the lawyer to have a good relationship with the client, based on mutual trust, respect and good communication. To the extent that there are impediments to these necessary qualities, they are usually evident early on. However, because of a desire to please, or be a hero, as well as concern over things such as declining intakes, a lawyer may overlook these problems, taking on a client that makes his/her life miserable. My prescription for avoiding this awful problem follows.

QUESTIONS THAT MUST BE ASKED TO IDENTIFY PROBLEM CLIENTS

A lawyer must give careful thought to the following questions in sorting out whether or not to represent a client:

1. Do you like this person?

2. How credible are they?

3. What are their expectations? How realistic are they? Can you satisfy them?

4. Do you feel passion/enthusiasm for helping them?

5. Can you envision yourself standing before a jury arguing this case?

6. Have you taken a detailed personal history, asking about such things as: prior injuries, arrests, convictions, domestic violence, other lawsuits, bankruptcy, military service, alcohol and drug problems, filing tax returns? Have you told the client up front, “The defense is going to ask all this, we need to know it now in order to properly represent you.”

7. How much maintenance/attention will this person require?