Here are some practical tips for dealing with a difficult lawyer:
Follow the Laws, Rules, and Procedure. By following the law and sticking to the rules of procedure, you will be able to control errant opposing lawyers. Knowing the law, rules, and procedure is a good technique in checkmating some of the antics of difficult lawyers.
One of the best ways to handle the difficult client is to anticipate the problems and attempt to deal with them at the beginning of the relationship, according to Robert W. Denney, a law-firm management consultant and the president of Wayne-based Robert Denney Associates, Inc.
Fortunately, there are ways for a lawyer who agrees to represent a difficult client to limit the problems.
Lawyers can avoid many a harrowing experience with clients just by thinking ahead about how to approach situations likely to arise. An often overlooked facet of preparation is the construction of two, if not three, levels of service (or strategies) and the accompanying fees each will cost.
Handling Difficult Client ConversationsMirror the client's concerns. ... Focus on the client. ... Lay the groundwork for bad news – and go slowly. ... Acknowledge the client's feelings. ... Let clients know that they're not alone. ... Work toward a resolution based on where you are now. ... Focus on the positive. ... Get help.
7 steps to dealing with difficult clientsStay calm (or rant in private) ... Listen to their concerns. ... Deliver a prompt reply. ... Figure out what the hell happened. ... Offer a solution. ... Cut your losses. ... Review and learn.
If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.
The attorney-client privilege is, strictly speaking, a rule of evidence. It prevents lawyers from testifying about, and from being forced to testify about, their clients' statements. Independent of that privilege, lawyers also owe their clients a duty of confidentiality.
Images courtesy of FAC members.Tell Them The Honest Truth. ... Give Them Enough Time And Support To Make A Smooth Transition. ... Show Them You're A True Partner With Their Best Interests In Mind. ... Give A Referral. ... Take Responsibility For Your Part. ... Get Feedback From Your Client.More items...•
10 Ways to Identify Bad CustomersDon't Pay On-Time (Or Ever)Don't Pay Enough (Or Don't Want To Pay)Have Unclear or Changing Demands.Want ALL the Attention.Aren't Available.Aren't Honest.Are Abusive or Threaten Your Staff.Make Unreasonable Demands.More items...•
If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.
Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.
Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.
It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights.
Originally Answered: What do defense attorneys do if they think their client is guilty? They give that defendant the absolute best defense possible, making certain that all of the defendant's rights are protected, including the right to require the prosecution to prove guilt beyond a reasonable doubt.
Difficult customers exist in every business, and even though you may want to kick them to the curb some days, you know that it’s better to keep them if you can. This article offers valuable tips may help turn the headache into profit.
A client is usually difficult if you fail to live up to his or her expectations, which is why it’s important to understand their expectations before you begin working on their legal matter. This article provides useful advice that will help you find out what your client wants, and how you can deliver before any disagreements occur.
There are many ways a client could be difficult to work with, whether they demand all your time or make unreasonable demands. This article offers tips you can use to recognize when you have one of these challenging clients, as well as how to effectively deal with them.
No matter how unjustified a client’s complaint is, you have to keep your composure and find a way to resolve the issue in a way that preserves your relationship. This can be a frustrating task for most lawyers, but it is key to maintaining a positive reputation.
If you want to successfully manage your client relationships, then you have to have a good understanding of how the mind works. This article explains how you can use emotional intelligence and psychological tactics to address complaints, communicate and ultimately keep your client relationships intact.
If your client is angry, be sure to apologize – even if you are not at fault. Saying, “I’m sorry that you are feeling so frustrated/ angry/upset,” can make them feel heard while not admitting blame for how they’re feeling.
Highlight the Benefits of Your Service. This is generally good advice for attracting the right clients and retaining them. It helps you stand out from your competitors. But in the case of uncooperative/egocentric clients, this helps center the focus around them.
If you have bad news for your client, rushing into it will just be a shock to their system and can cause a panic. Be sure to ease into the situation. Prepare what you will say, how you will deliver it, and what your lead-in will be.
A difficult client is difficult in a human-relations sense. It is the client who regularly says, “I want it tomorrow,” who demands, “Do not put that lawyer on my case,” or who always seeks detailed explanations for every letter a lawyer writes or Application a lawyer wants to file.
One of the best ways to handle a difficult client is to anticipate the problems and attempt to deal with them at the beginning of the relationship, for instance, that a lawyer should ask a client what the client’s deadlines are – and then try to beat them.
Dealing with staffing issues upfront can also help avoid the situation of the client trying to dictate which lawyers from a firm should be handling a case or representing the client on a particular transaction. If a client rejects the lawyer’s staffing proposals, the lawyer should ask the client why.
A discussion of billing at the intake stage can also help avoid bill problems later. At the beginning of the relationship, a lawyer should tell the client what the lawyer’s fee, or estimated fee, will be. The lawyer also should explain how often the client will be billed and when the lawyer expects those bills to be paid.
The lawyer should not fight with the client, but should speak with him or her and offer to look at the bill again. After doing so, the lawyer can contact the client again and say that it looks fine, but ask what the client thinks is right. At that point, the lawyer can negotiate the bill or take other appropriate action.
Calm lawyers are usually the most efficient because they do not allow their emotions to becloud their sense of reasoning. Nothing upsets an opposing counsel more than a calm and collected lawyer.
One way opposing lawyers distract their opponents by filing incessant motions to frustrate a matter. Some lawyers are easily distracted by allowing every issue raised by an opposing lawyer to become a dispute. While it is essential to react to some motions, learn to ignore harmless ones.
Having the facts of your case on your fingertips will enable you to stay ahead of the opposing counsel. One tactic employed by difficult opposing lawyers is to distract you in every way possible. A lawyer who knows the facts of his case will not veer off course by joining issues with an opposing counsel on extraneous matters.
A difficult opposing counsel is every legal practitioner’s nightmare. Even judges dread the thought of presiding over matters involving a difficult lawyer. Their fears are understandable. Difficult lawyers seem to have a penchant for employing unethical tactics to win a case. According to some lawyers, dealing with a difficult opposing counsel is ...
To be proactive, lawyers must have a plan of action and anticipate the next move of the opposing counsel, just like in a chess game. By preempting the moves of the lawyer on the other side, you will avoid delays caused by your opponent’s delayed actions.
Some research and studies have shown that being assertive reduces your stress and helps you deal with difficult situations. Assertive lawyers are rarely intimidated and can succinctly make their points without insulting the other side.
Be Proactive. One great way to handle difficult opposing lawyers is to be proactive. If you are always reacting to what the opposing lawyer is throwing your way, you’ll regularly be playing catch up. To be proactive, lawyers must have a plan of action and anticipate the next move of the opposing counsel, just like in a chess game.
However, there is one commonality between all types of difficult clients: they negatively impact your business. Difficult clients can be emotionally draining for your team members or impact your resources and workflow. Difficult clients can increase employee turnover, impact your mental and physical health and cause you or your company's reputation to suffer. Some of the most common types of difficult clients who you could encounter include those who:
Your ability to remain calm will be a positive example to others and strengthen your own reputation. You'll also find that you can express yourself more clearly when you do so with a calm, yet stern demeanor.
When a client expresses that they have an issue, you need to make finding a solution a high priority. Giving the client a prompt response validates them and establishes a clear line of communication from the beginning. While you don't need to accept responsibility for the problem at this stage, you should tell that you will look into the matter immediately. You may want to suggest a time to speak with them to discuss the situation further.
Depending on the situation and frequency with which problems occur, you may want to consider terminating your relationship with a difficult client, as additional time and resources spent satisfying their demands can impact your own profitability.