Fury Bailey - Personal Injury - Wrongful Death Attorneys

SELECTING AND EVALUATING CASES: HOW TO AVOID THE PROBLEM CLIENT

By William S. Bailey

Fury Bailey

710 – 10 th Avenue East

Seattle , WA 98102

(206) 726-6600 

CLIENT SELECTION IS THE MOST IMPORTANT PART OF ANY CASE

Representing any client is an enormous investment of time, energy and money. In that plaintiffs trial attorneys only get compensated for their time if they are successful, their economic health depends on making wise client selections up front. One nightmare client can make any practice a living hell, interfere with the ability to represent other clients and ultimately result in a Bar complaint, or worse yet, a legal malpractice claim. The client a lawyer does not take may be as important to his/her practice as the ones he/she agrees to represent. While no list of dos and don'ts is foolproof, experience has taught me that problem clients can be identified early on with a systematic, thoughtful approach to intake.

Any successful result is based on a well-supported liability and damages case. However, underneath that, it is critical for the lawyer to have a good relationship with the client, based on mutual trust, respect and good communication. To the extent that there are impediments to these necessary qualities, they are usually evident early on. However, because of a desire to please, or be a hero, as well as concern over things such as declining intakes, a lawyer may overlook these problems, taking on a client that makes his/her life miserable. My prescription for avoiding this awful problem follows.

QUESTIONS THAT MUST BE ASKED TO IDENTIFY PROBLEM CLIENTS

A lawyer must give careful thought to the following questions in sorting out whether or not to represent a client:

1. Do you like this person?

2. How credible are they?

3. What are their expectations? How realistic are they? Can you satisfy them?

4. Do you feel passion/enthusiasm for helping them?

5. Can you envision yourself standing before a jury arguing this case?

6. Have you taken a detailed personal history, asking about such things as: prior injuries, arrests, convictions, domestic violence, other lawsuits, bankruptcy, military service, alcohol and drug problems, filing tax returns? Have you told the client up front, “The defense is going to ask all this, we need to know it now in order to properly represent you.”

7. How much maintenance/attention will this person require?

8. How long ago did the events occur? Tort cases aren't like fine wine, they don't get better with age.

9. Is there a pre-existing condition in the same area of the body? If so, get a clear understanding of the extent of the problem.

10. How well does this person listen? Are the responses to your questions appropriate and on point?

11. Are there red flags in the medical records – e.g., references in the medical history that the client hasn't told you about or indications of drug seeking behavior.

12. If you are inheriting a case from another lawyer, have you done your own detailed background investigation, no matter what stage of the proceedings the case is in? Don't assume anyone else has asked these questions.

13. If the case is in association with another lawyer, determine who will be the client's primary contact, what the division of attorney labor is and what tasks the other lawyer will be expected to accomplish in a competent manner.

14. Always trust your gut instincts about a client, even if you can't fully articulate the underlying reasons for them.

15. If the prospective client is under medical treatment, how appropriate has it been for the described injuries?

16. What is this client's level of motivation to overcome the effects of his/her injuries?

17. Is the client comparatively negligent, and if so, to what likely degree?

18. Is there a potential statute of limitations problem?

19. Has the prospective client been shopping the case to other lawyers?

THE END GOAL – A CLIENT THAT FITS INTO YOUR PRACTICE

Money alone is not enough to justify all the anxiety, wear and tear that a trial lawyer goes through in representing a client. There must be a sense of working to accomplish justice, something that goes far beyond just getting paid at the end of the case.

The initial interviews between a lawyer and client are in the honeymoon period. The case is never this good again. Once it is filed, the defense will go to work on developing weaknesses.

A lawyer must be prepared for any contingency that develops. An abiding sense of passion for the client and the justness of his/her cause is vital to the success of the case. You need to take the time early on to find out if the client and the case is a good fit with your practice and your philosophy as an attorney. If not, do not take it. Life is too short for even one bad client.

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