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Wednesday, June 1, 2011

BEWARE OF THE CRYING CLIENT

BY Charlotte Attorney

If you have been practicing a few years, I am sure you have a few war stories and have been burned by a client or two.

Here is a scenario for you: Client A came in regarding a divorce case. Her husband had filed for custody and she wanted to sue for custody/child support of their teenage child; distribution of the marital assets; and for alimony.  In the middle of the consultation, Client A began crying and I offered her a tissue. She explained that she worked part-time and needed a reasonable retainer, which most of my retainers are. I felt sorry for client A and reduced the upfront retainer required to commence her case, although my hourly rate remained the same. Client A agreed to the arrangement and promptly signed the retainer agreement and paid the first deposit. Weeks went by Client A's retainer was used up and had a balance. Client paid partial payment on the balance and I continued to work away and this occurred another month and again client A made a small payment toward balance. Client A's case was in the pretrial stage and I had spoken to the opposing party regarding settlement. I drew up a settlement agreement and Client A stated she did not want to settle and wanted to know how much it would be to continue litigation. I pointed out to Client A that the opposing party was going to agree to pretty much what a Judge award and that she had an unpaid balance with my office. I ended up withdrawing from the case. You say why would a Client that owes you money want to incur more fees, when her current fees are unpaid? Consequences, she did not have any. I continued to work on account that was in the red for weeks. So in the client's mind, I was writing off my time. For all intense purposes I was. Clients must realize that you are professional and your time is valuable. Remind them that you will not be able to continue to represent them if their account remains unpaid. In my four, almost five years of experience the crying client is the most irrational, unreasonable, and least willing to pay for your time!


Here are some tips when Client A comes in the door crying:
  1. Offer them a tissue AND
  2. Provide them with a realistic expectation of  facts and possible outcome of their case AND
  3. Offer them a dose of harsher reality by explaining that Legal services are not free and they will need to pay your fees upfront and or when they come due. I recommend getting all of your fees if not the majority from the crying client because they tend to be emotional and will email/call you on impulse and incur more legal fees overtime than a more rational client will.


Attorney Maxwell practices Bankruptcy, Divorce, and Traffic Law  in Charlotte North Carolina.






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