Sometimes, it’s best to say, No

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Every new lawyer needs experience, but sometimes the price of that experience outweighs the benefit.

That’s why, as difficult as it might be, one of the most important moves a new attorney can make is saying no to a client.

It’s called screening. And, attorney and law professor Gretchen Viney said, it could be the toughest and best thing you do for your legal practice.

“You’re never sorry about the clients you turn down,” she said. “You only regret the client you didn’t turn down that you knew you should have.”

Saying no to clients is a two-edged sword, admitted Viney, who maintains a practice in Baraboo (Viney & Viney) while working as associate director of the Lawyering Skills Program at the University of Wisconsin Law School.

“New lawyers need clients, so they shouldn’t screen too vigorously,” she said. “When people say screening out clients, what they really mean is screening out problem clients.

Problem clients demand more than a lawyer can reasonably do. Problem clients complain about other lawyers. They insist that no one understands or wants to help them.

Problem clients are the people who will turn around and sue you, said Deborah A. Blommer, who runs Blommer Peterman S.C. in Brookfield. Blommer also has taught a course at Marquette Law School on how to start and manage a law practice.

Problem clients also fail to see issues from another perspective. And they’re likely to be dissatisfied no matter what you do, said Ralph Cagle, a professor at the University of Wisconsin Law School.

When you find a client is not a good fit, be clear, but don’t feel the need to explain. Simply inform a client that you won’t be able to help them. And, Cagle said, resist the urge to ignore your instinct and take the case out of fear.

“I don’t care how new you are, there are going to be some clients that you need to say no to,” Cagle said. “At some point you’ve got to trust your instincts and have faith that if you say no to this client, another will walk through the door.”

The problem, he admitted, is knowing which clients to turn down.

“Frankly,” Cagle said, “it’s a question of instinct.”

While you’re honing that instinct, Viney said there are a few practical tests for identifying less-than-desirable clients.

Check Wisconsin online court records for a person’s previous attorneys. You know you’ve got a bad client if the attorney has a good reputation, but the client continues bad-mouthing former counsel.

Other signs of a troublesome client include repeated calls at the office, calls at home and not showing up for meetings.

“They just make life difficult for you,” Viney said.

Blommer recommended interviewing clients. Find out how they found you. If it was through a phone book ad, where you are one of dozens of listed attorneys, ask why they chose you.

Ask clients how many attorneys they have talked to, how many have reviewed their case, how many lawyers they have retained and, if they retained counsel, why they let the lawyer go.

And don’t be afraid to talk about money.

Most people who can’t pay will say so up front, Viney said. If a client is less than direct, consider skipping the case. And make sure your fee agreement includes a provision for no longer representing people who don’t pay.

So what do you do if, despite interviews and instincts, you’ve still gotten involved with a less-than-desirable client?

The rules of professional conduct give lawyers broad discretion in withdrawing representation.

If you need to withdraw, discuss it with your client as early as possible. That talk should include a discussion about money, whether to return part of your retainer or, if you really need to get off the case, forgoing the fee altogether.

Once you’ve talked to your client, notify the court. Blommer suggested outlining the reasons for withdrawal in a letter to the judge, always keeping in mind the client’s right to confidentiality.

A letter to the court might be a strong step toward leaving a case. But lawyers should remember that asking for permission does not mean a withdrawal will be granted.

Most courts will not allow a lawyer to withdraw a few weeks before a trial. Others might lock in a lawyer once a trial date has been set.

For those stuck with a difficult client, Viney suggested trying to find the bright side.
“Difficult clients are a good experience for young lawyers,” she said. “If that experience is going to be great, it may be worth taking the case.