President's Perspective
Phil Fraim - President
Client Selection

   How many times we have heard an insured exclaim, "I would have been much better off having never represented that client"! Certainly, they are better off in terms of avoiding not only the aggravation of dealing with the problem client, but also in avoiding the resulting malpractice claim.
 

   Our experience indicates malpractice claims can be avoided if pre-established criteria are used to screen out potential problem clients. Without a doubt, problem clients take on certain characteristics which are identifiable early on, possibly even prior to representation. Recognition of the following potential problems in advance and declining representation will help avoid malpractice claims:
* Clients with unreasonable attitudes and concerns over legal fees.
 

   Our experience indicates the number of malpractice claims arising from disputes over legal fees is on the increase. Every attorney should bring up the subject of legal fees early on in order to gauge the clients reaction. This reaction will let the attorney know what to expect from the client in this area.
 

   A strong reaction from the client regarding the proposed fees makes it imperative for the attorney to reach a mutual agreement. In the absence of a mutual agreement, the attorney is better off without that particular client.
 

   It is sometimes possible early on to discern the client who has no intention of paying the fee (or at least the entire fee). This is, definitely an individual to avoid, as your losses will double. Not only will you provide free legal service, but also quite probably receive a malpractice claim when you attempt to press the collection effort.
*Demanding client.
 

   These clients are insatiable and easily recognized by the fact that they are already disgruntled. His/her problem is usually complex, yet in spite of this, they', place unreasonable time constraints on you. Their unhappiness often stems from poor prior service they received and they demand legal retribution.
 

   This particular client is best exemplified by the fact that they have been to numerous attorneys, none of which have been able to provide satisfactory legal service. This client is most dangerous and should be avoided.
*Uncontrollable client.
 

   This particular client may appear behind several faces. It may be the individual who is unreasonably demanding because of a complete lack of understanding of the legal system. Another possibility is the person who has totally unrealistic expectations about his/her case. Also, there is the individual who just simply cannot be controlled and is his/her own worst enemy, creating more obstacles than can be hurdled.
*Client seeking revenge.
 

   To this client, the value of the case has little, if any, meaning. They are driven more by a moral vendetta, not a legal remedy, and if they do not receive vindication they may seek it from their attorney.
 

   Obviously, the early stages of the attorney/client relationship are critical and many legal malpractice lawsuits can be avoided by screening out potentially troublesome clients. Remember, if you elect not to take on the representation of an individual, advise them in writing that the attorney/client relationship did not commence.
  

   Avoiding trouble is easier and less costly then getting out of trouble.