Fire The Client Who Wants You To Be Something You Are Not

The better option is to not take the client on at all, but sometimes you make a mistake.

I had a client not long ago for whom I settled an impossible case that would have netted them a sizable amount of money.  It was achieved despite some serious and potentially winnable defenses, which could have left the client with nothing.  My fees, approved by the Court were to be included in the settlement.  I discussed the pros and cons with the client.  Allowed the client to make the decision, and the client decided to settle.  We appeared and made the announcement of the terms to the Court.  The settlement paperwork was prepared, and the client refused to sign it.  First, the client demanded that I pay the client half of my Court approved attorneys' fees under the table for being a Plaintiff.  I told him not only would I not do this, but it is illegal to pay someone for being a plaintiff.  Then the client wanted me to go back and negotiate more money.  I told the client the settlement terms were already read into the Court's record, the client was in agreement, and we cannot now change those terms.  The client eventually went ballistic and accused me of being a weak lawyer.  The client said, "I thought I was hiring a pit bull and you have turned out to be nothing but a poodle".

That was a very telling statement.  The client wanted a junk yard dog and did not get it.  The client was more interested in a pound of flesh than money to cover the client's loses.  But, what are you going to do.  I am not, and refuse to be a junk yard dog.  I am not a Rambo lawyer.  I plead a case, brief a case and pursue a case based upon facts and the law.

The end result was that the Court, upset by the whole thing, dismissed the client's case with prejudice to refiling.  The Defendant got to keep the money.  All of it.  I was not paid.

In hindsight (always 20/20) I could see this brewing.  The client was uncooperative.  Every time the client had to lift a finger in the case the client was not only objectionable, but found fault with my work.  The client's expectations were too high and I had to spend the entire process trying to talk the client down.

I lost total of about two weeks of time on this case.

It could have been avoided if I had just listened to my inner voice during the entire process.  Sure, I would not have made any money, but I would have not had either the aggravation or lost the time.

So, learn from my mistake.

Comments

[anonymous fan]

Chuck, I've become addicted to your daily postings. I was happy to see this post today because I am dealing with a similar issue where a client sat on a settlement agreement for so long that the Court dismissed the case, then returned the document with his own "new" demands inserted by hand. of course I haven't been paid and I'm on the line as surety but I should have seen the exit sign a long time ago. Thanks for the positive reinforcement.