Whether a seasoned attorney or new to the legal profession, one can never be too careful in creating a systematic approach to screening clients. As a new practitioner, I am always concerned about making sure I screen clients thoroughly for potential risks and malpractice suits.
One common theme in the advice I have received over the last several years from experienced colleagues is that establishing an effective client screening system is one of the most significant ways to reduce the risk of grievance or malpractice claims. Failure to screen clients appropriately is one of the most common factors for malpractice claims and one of the distressing experiences for any attorney, particularly a new practitioner. One of the most effective ways to screen clients is to be an active and effective listener. The following is a list of some of the issues to keep in mind before agreeing to represent a new client in their legal matter.
Clients who cannot afford to pay for your legal services:
As a new practitioner, more likely than not, you will take on a client who may or may not be able to afford your legal fees. The thought is, it is better to get paid something, rather than not take a case at all. As tempting as this may be, from personal experience, I would cautiously advise to avoid representing clients who cannot afford your legal services from the onset of signing a legal retainer. During the initial consultation, one of the issues you should discuss with the potential client is their ability to pay for legal services. The client has a right to understand the financial obligations involved in legal representation and you have a right to know if the potential client has the ability or is willing to pay you for your legal services. If a potential client does not have the means to afford your legal services, do not take the case, as collecting the fees will be time consuming and difficult, if not impossible.
Whether the Potential Client is a close friend or relative:
The truth is that although friends and relatives can be a good source of referral for attorneys, especially new attorneys establishing their law practice, there are also a few nuances to be aware of. First and foremost, when the potential client is a close friend or family member, as attorneys, we cannot say no to them because we feel we owe it to them to assist with their legal matter. In addition, the risk in representing close friends and family members is that there is a tendency to take on legal matters, which are outside one’s normal scope of practice. Furthermore, it is also difficult, if not impossible to provide the client with impartial advice, as it is problematic for the attorney to maintain the necessary detachment in many situations. Lastly, family and friends may not fully disclose personal information that may be pertinent to their case.
What the client’s expectations are and the time frame required to complete the legal matter:
When screening the client, carefully consider the client’s expectations and your ability to reasonably fulfill their expectations given the facts of the case and the law. As an immigration attorney, many of my clients are in dire situation and have unrealistic expectations of curing their immigration dilemmas. It is these very types of unrealistic expectations that force me to reevaluate the facts of the client’s case and determine whether to take the case or politely decline legal representation. It is very challenging to satisfy a client with unrealistic expectations. In addition, one should also avoid making statements that would cause a potential client to have unreasonable expectations. The time to deal with a potential client’s expectation is at the onset of legal representation. Honestly assess the client’s legal matter and advice accordingly, even if there is a potential risk that your advice may lead the potential client to seek legal representation elsewhere. From personal experience, I cannot state how many times a potential client was grateful for the legal advice I had provided them with, even when the advice was not in their favor. On several occasions, these very clients referred other clients to my office based on legal advice that was realistic and honest.
When the potential client’s legal matter is inappropriate for the size and scope of your law practice, do not take the case:
As tempting as it may be to take every case that comes through your office, one can never be too careful in undertaking a matter that is beyond their area of expertise or more complex than matters one is reasonably able to handle. In deciding whether to take the case, consider whether you have the skills, expertise and more importantly the time needed to devote to the matter. If you decide to take on a case that is outside the realm of your normal everyday practice, be prepared to seek advise from other attorneys who are more experienced in the area of law pertaining to the case. By planning carefully and seeking advise from other experienced attorneys, you can avoid malpractice claims and damage to your practice and reputation. Make sure you advise the client that given the complexity of their case, your current case load and time constraints, you cannot give the potential client’s matter the full attention it requires and deserves and thus must decline legal representation.
When turning down potential clients, take the time to fully explain to them why you cannot represent them in their legal matters, but don’t stop there. Take the extra step of referring the client to another attorney who could assist them or if they cannot afford an attorney, refer them to a free or reduced cost community organization such as a local bar association, non-profit organization or small claims court. From personal experience, when unable to take a client’s case for any reason, I’ve taken the opportunity to make the client feel that while I was not able to handle their case personally, I still cared about their legal matter by taking the extra step of providing them with other options of seeking legal assistance.
Clients Who Want to Change Their Current Lawyer:
If in the course of your interview with the potential client, you determine that the prospective client has had problems with several other attorneys, this is a major indicator that you are likely to have problems with this client in the course of your legal representation. It is best to avoid any problems by respectfully declining legal representation.
As many experienced attorneys have told me, the single most important factor to consider when screening clients is to “listen to your gut.” If your first impression of the potential client is not favorable, you should more likely decline to represent the individual in their legal matter. Avoid the temptation to take the case, despite having a bad feeling during your initial screening due to the need to work or because you feel compelled to help the individual. By taking the time to spot some of the above-mentioned issues during your initial screen of potential clients, you can avoid potential grievances and malpractice claims.
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