When
an Attorney should Terminate the Relationship with a Client
Last Tuesday I was
invited at a Hellenic American Bankers Association event in Manhattan at which
the distinguished and talented Chairman & CEO of New York Life Ted Mathas
gave a remarkable speech about insurances and general entrepreneurial and management
issues. I got great pleasure from his speech and leaving the event, his
following words were stuck in my mind. During his speech, Mr. Mathas pointed
out the three characteristics of building trust between business owners and
clients. According to his wise words, building trust with the clients requires:
a) not to cheat, b) it’s always personal, and c) every professional should admit
his mistakes and fix them.
On my way back home I
meditated that all the attorneys are business owners of their reputation either if they are employees of a law firm/office or not; they oversee other people’s
lives by striving to unearth ways to protect their clients’ interests and at
the same time they struggle to defend their own name and reputation. I take for granted that a professional attorney does not cheat or commit any criminal or
fraudulent act. I also concur that it’s always personal to build trust with
your clients and it’s not just business. Besides these two meaningful
attributes, I underscore at the most the importance of admitting our mistakes as
professionals and fix them.
One of the most
frequent mistakes of attorneys is when they take on every client who comes
calling. This is not the greatest option and most of the times this concludes
to challenging attorney - client relationships. Understanding a prospective bad
client is a very demanding task and entails many years of experience, so that
you can avoid him in advance. It’s not something that the law school teaches
us; we learn these things on our own through our experiences and other
colleagues’ advice and we keep on educating ourselves day by day.
As attorneys we have to
encounter public and this is extremely intricate in our profession because on
one hand we cannot predict other people’s thoughts, feelings, and reactions and
on the other hand we have to face diverse people and characters. However, all
these troubles that we tackle every day of our lives and career give superior
importance to us, as administrators of justice, and to our profession. But, how
can we avoid a difficult client before starting his representation?
When I was instructor
of legal courses, I was always advising my students to say no to a prospective
or existing client when the latter didn't fit within their business models.
It’s not honest and smart to just only consider how rewarding a case can be. You
have to reason if your client is trustworthy and you can cooperate and
communicate with him from the beginning of the case until the completion. Not
only shall we obey our bar’s professional conduct rules, but also our ethics
and integrity should pilot us to the right decision. As your clientele rockets,
you should get ready to handle more tricky situations. This is not my rule. It’s
the rule of probabilities.
Clients with particular
manners and beliefs can lead an attorney’s life to a bad dream if the latter
makes the mistake to take them on as clients. My experiences have taught me
that every attorney should dismiss clients who a) do not listen attorney’s
advice, b) do not collaborate and communicate with the attorney, c) breach the
confidentiality, privileges, or any other agreement, d) do not pay the bills
and are disloyal e) tell lies or hide the truth from the attorney, f) commit
criminal or fraudulent acts, g) are furious and revengeful and solely aim to
make other people depressed by hiring an attorney, h) have impractical
expectancies and i) have offensive, unacceptable, and abusive demeanor.
My point of view and
according to Mr. Mathas’ remarks, as professionals we have to acknowledge our
mistakes and resolve them. If you didn’t take a thorough look and consideration
before commencing a client’s relationship and representation, which can trigger
problems, costs, or waste of time, there is always the point to fire this
challenging client in a proper way and concentrate on the clients who respect
you and what you have to suggest, and will recognize the value of it. Thus,
under these circumstances as an attorney you shall withdraw from representation
of a bad client without causing damaging impact on his interests.
One of the best tactics
to sustain good relationships with clients is to stay away from the bad clients
in the first place. This doesn't unavoidably signify declining cases where the
lawyer condemns what the client did. The system of law repeatedly encompasses
representing people who have done actually unscrupulous things, and some of
those people can truly be excellent clients. As attorneys and business owners
of our status, we should weigh the relationships with clients ahead of time and
if we are not so confident of how we should deal with a client, we should get
the helpful guidance of our mentors and colleagues with many more years of
experience than us.
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