I haven't practiced long, but I've had my fair share of bad clients. Thing is, the longer I practice, the fewer of them I get. One thing I've done all along is compile a list of "common denominators" that my bad clients have possessed. Here are some red flags you should look for. This isn't to say that if a potential client expresses one of these traits, they're automatically a bad client. However, if you see a client or potential client who falls into one of thse categories, take notice. (I've even come up with creative names for each of them.)
1. The Balkers. These people, after you explain what it will take to work on their case, and your basis for charging them your fee, balk. They'll tell you you're not worth that price (and that no one is). They'll tell you how some other attorney is charging less. Some simply can't afford you. You can have a little wiggle room with the last group (although, at some point you have to draw a line). But, if some other guy can do it for less, let him have the clients- I'm not saying you should price yourself out of the market, but supposing you take the client at the lower fee, two things will occur; first of all, no matter how good of a job you do, you'll have proven yourself unworthy of the fee you'd originally quoted; secondly, word will get out that you're cut throating. If no attorney is worth what you're asking, great. What you're dealing with are people who won't appreciate you and the work you do. Literally, no matter how good of a job you do, these people will never be satisfied. Furthermore, if you don't make the client vest some kind of interest in the case, they'll never do what you ask them to do. They won't participate in their own case- and why should they? You've incurred all of the risk. Don't do business with people who won't appreciate you.
2. The Sloppy Seconds...or thirds, or fourths or fifths. Don't take sloppy seconds- in life or in law. If you're the second or third or whatever attorney on a case, look out! You may be dealing with a bad client. You already know they weren't happy with the guy they had before. In addition, it's likely that whoever it was may not have approached the case the way you would've. He may well have screwed up your case. There's a good chance the client will never be happy with you or any other attorney- in the whole world. It goes without saying that you should always use a declination letter with prospectives, but this rule especially applies here.
3. The Shoppers. These clients are looking for the cheapest attorney possible, and will often compare rates. They'll even use other attorneys' rates to get you to adjust yours. Have a bottom line, and stick to it. This is law practice, not WalMart. You want clients who want you back; you're looking for a relationship, not a one-off job; you're a professional, not a mercenary.
4. The Moochers. The closely related hybrid of the Shoppers and the Balkers, these people try and get free legal advice. They'll chat up a bunch of attorneys under the guise of a consultation, and take what the attorneys say to try and represent themselves. Or, they'll hire somebody, after talking to everyone in town, and take what they've learned from everyone they've talked to, to try and limit the amount of work the attorney they hire has to do, and use this as justification for seeking a lower fee. Distinctive characteristics of these fools are that they like to keep records of every conversation you have (hint: watch out for tape recorders and notepads); they're always asking about a procedure, or a document that needs to be drafted ("Now, do I need a determination of dissent?"), or they'll say "I can get this document online, and I'll prepare it; you just file the pleading." You're not in the business of selling documents; attorneys provide a service, and document prep is one aspect of that service, just like filing pleadings and appearing in court are aspects. People who won't understand this create real problems for what you're trying to accomplish. They'll usually try to nitpick at your bill when they get it, too.
5. The Dreamers. These people have unrealisitic expectations about what you can do for them. They think having an attorney is the magic bullet to making their clunker of a case into a Coupe de Ville. They think their $50k case is worth half a million. They think that, because OJ got off, that the right attorney can always get them off, too. Usually you can talk these people back to reality. Explain to them how OJ's case was different from theirs. Explain why the McDonald's coffee lady got all that money and they won't. If they don't understand, they never will....and they'll always be convinced that no matter how good of a job you do for them, that if they'd had a better attorney than you, they could've gotten the result they wanted.
6. The Negotiators. They come to you wanting you to make a "deal" with somebody. Attorneys are not deal makers. Sometimes pleas will result in a deal. Sometimes a case will result in a settlement. But I prepare everything as if I were to try the case. Anyone who won't let you do that, in the name of "Don't work the case up, just talk to the other attorney and get me this deal," doesn't understand what we do.
7. The Walkers. These people can be great clients. They'll even pay you. But when it comes time for them to take the advice they've paid you for- they don't. These clients tend to be headstrong and stubborn. The problem thse people present is that you often get stuck on their case. What you want to do with these people, is, if you find out pretty early on that they're going to pass on your advice, devise an exit strategy. You're running a law office, not a daycare center. You can take these clients. Many pay good money and are actually decent clients (and often come back to you for more advice when they don't take the original advice you give them). Just know what kind of people you're dealing with early on, so you can be sure you can get out if you have to.
8. The Sues. These people want to sue everyone. They see the legal system as a means of righting everything in their life that's ever been wronged them. Since they're likely unable to comprehend the reality that our system doesn't work that way, when the system wrongs them, the next person they'll blame is...YOU!...which brings me to....
9. The Bashers. Many Bashers are erstwhile Sues. They talk about suing other attorneys, or they bad mouth other attorneys, or the legal profession, or the legal system. If they have so much contempt for the system, why are they coming to you to put their faith in it? There just isn't much chance, with these people, that you'll ever satisfy them.
10. The Once and Future Tycoons. These people will go on and on about how wealthy they used to be- and/or how wealthy they're about to be. Just know that used to be cash and about to be cash is NOT legal tender for all debts public and private.
11. The Know-It-Alls. Pretty self explanatory here. This one isn't an automatic DQ, but you'll certainly hit a point where you need to ask yourself, "If my client is so good at my job, what does he or she need me for?" Again, these people can usually be dealt with, but some are so egregious, that it's better to just cut bait.
12. The Liars. Lots of clients lie. One red flag is clients who tell you one thing on the phone, and another thing when you meet with them. Again, lying clients are the nature of the business, and you don't have to reject these people summarily, but just know that people who lie don't tend to do it about just one thing- and, similar to the know it alls, some liars are so egregious that you might get yourself into an awfully big hole. Remember they're coming to you because they're in the hole- and you can't help them if you're in it with them. If you're dealing with someone who can't even tell the truth to someone trying to help them out, don't deal with them at all.
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