Ask Yourself
Five Questions and Learn How to Say “No” to New Clients
While the advertising
you see in bar journals talks a great deal about marketing and attracting
clients, I have found that what is not only more difficult, but also
more important, is the ability to say “no” to prospective
new clients.
I have been practicing
law since 1978, always in small law firms. My practice focuses mostly
on real estate transactions. Many of us enter the practice of law because
we find it challenging and because we have an innate desire to help
people. In a sense, it is that latter trait that gets us into trouble.
When a potential new client walks in the door, the natural tendency
is to take on the matter because we know we can help that individual,
and we want to. The desire to take on new clients is particularly strong
with a new lawyer, because expanding the client base is a major goal.
Beware. There is
nothing worse than a bad client. Bad clients take on many forms, but
the most common traits are: (1) they will not listen to your advice;
(2) they are unappreciative of your efforts; (3) they are time consuming;
and (4) they do not pay their bill on time, or at all. By handling the
affairs of a bad client, you now are less available to a good client.
Your time is spent in an enterprise both unsatisfying and financially
unrewarding. Have the courage to just say “no.”
When considering
taking on a new matter, review the following checklist to see if it
is really something you should do.
-
Is
the case a good one? You don’t want to spend time working on
lost causes. You can advise the client “We have less than a 10
percent chance,” or “The odds are against us.” He or
she will urge you forward with reckless abandon. Then, when the judge
rules against you, the client will place the blame on you. As an added
fringe disadvantage, you have also caused the judge and opposing counsel’s
opinion of your law practice to plummet because they have decided
you either have not screened your cases, or cannot screen your cases.
-
Do
you communicate well with the client? Ultimately the relationship
is about your advice, the client giving the input you need, and the
client following your advice. If you do not communicate well, then
problems will arise down the line. Here, go with your instincts. If
you do not like a client, and can’t articulate why, honor your
subconscious and do not represent that person
-
Does
this case make financial sense? If you’re not going to get paid,
or it is unlikely you will get paid, then you would be better off
doing _______________ (fill in the blank with your favorite pastime).
-
Can
I do the matter efficiently and effectively? If the matter is way
outside what you normally do, then you have two alternatives. Either
invest a huge amount of time, and discount your bill massively, or
bill the client for all your time, secure in the knowledge you are
taking unfair advantage of that client. Neither is an acceptable alternative.
-
Do
I want to do this? A file that you dread quickly becomes a daily burden,
taking much of the joy out of the practice of law. If you can honestly
answer “This is something I want to do,” then your odds
of success and your odds of enjoying the process are very high.
There are millions
of clients out there. You cannot represent them all. There are millions
of lawyers out there too. If you can steel yourself to represent only
those clients who get past my five questions your practice will thrive,
and the bad clients can find some other lawyer as their victim.
Greg
Lawless practices at the Lawless Partnership in Seattle, Washington.
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