AttPro Tip of the Month – I Knew You Were in Trouble (AttPro’s Version)

Feeling like you can’t escape the global reach of Taylor right now? From a new album release to Sunday afternoons at Arrowhead, she is seemingly everywhere. But who knew Miss Swift would infiltrate your professional life with some insight into how to avoid representing a problem client?

Family law practitioners are uniquely susceptible to legal malpractice claims because of the contentious nature of the practice area. When a Love Story ends in divorce, neither spouse is typically completely satisfied with the result. Bad Blood between the couple may develop, especially if child custody is at issue or significant assets are at stake. How can you avoid a potential malpractice claim from a disgruntled divorce client? Unfortunately, we know All Too Well the answer may be never agreeing to represent the client in the first place.

While a rigorous client intake process may take time, it may ultimately save your Reputation from a claim or grievance. Although you must be mindful of the specific information you gather during the client interview for future conflict purposes, you should have a basic understanding of the case and the couple’s financial situation. You should also know whether they have worked with another lawyer (or lawyers) if their divorce case is currently pending, as the risk of malpractice is higher if you step into the shoes of another lawyer.

In addition to the standard questions you might ask during the intake meeting, take care to evaluate the person and their goals. In other words, what is their End Game? If you find yourself telling them, “You Need To Calm Down” in the initial meeting because they are set on seeking revenge through the proceeding, that client might not be a good fit for your practice. Instead of admitting you Should’ve Said No after you are months into the case, you should probably decline this one. And for the potential client who is shopping for lawyers, gauge their expectations. If they were expecting to be Out Of The Woods by the time they are meeting with you, consider whether you should work with them at all. Finally, how do they react when you discuss your potential fees and costs? If they scoff at your hourly rate and you are concerned about their ability to pay before you even accept their case, it is probably best to decline the representation.

Not only is vetting potential divorce clients critical to risk management, it can impact your bottom line as well. Clients who are slow to pay or refuse to pay once the matter is resolved are more likely to file a claim in response to any fee collection efforts you may be forced to initiate. And while we would generally advise against filing suit for your fees (especially if the statute of limitations for malpractice has not yet run), preventing fee disputes, in part by working with the right clients, is often the best strategy. If you do decline the representation, send the appropriate declination letter so there is no question that an attorney-client relationship was not formed and the potential client isn’t left asking “Is It Over Now?”

When screening potential family law clients, ask the tough questions and trust your instincts when deciding to decline representation.

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