March 23, 2005
Client Intake — Less is More.
The quality of Client intake has a significant impact on both profitability and quality of life, as the following story indicates¾first, a word about the story. It is fictitious and was contrived by one of my younger brothers, J. Steven Collins. Steve is a prominent practicing attorney and partner in the Knoxville, Tennessee, firm Burroughs Collins & Jabaley, PLC (www.bcjattorneys.us).
Here is the story exactly as Steve tells it:
Michael Gort was tired. His pals were gone. He would be with them at the café were it not for Paul Pott. Gort had been dreading his meeting with Pott all day. Pott insisted the meeting be held late on Friday so he did not have to take time away from his business. Gort poured the thick black liquid of day’s end into his Styrofoam cup and pressed it to his lips. It was bitter.
He opened the conference room door and before he could speak, a venomous fusillade spilled out between Potts’ canines. Gort would rather not be here. He would rather be anywhere. He had so much to do. He could be working on the new Channing case for Green Grocer Foods. Ah, that was an appreciative client.
But no, he was with Pott. Gort’s head spun as Pott ranted on about the claim he wanted the law firm to handle. He could just make out Pott’s insistence on unreasonable deadlines, pounds of flesh and deep fee discounts. Gort could not concentrate. Although he heard the sounds, in his mind, Gort comprehended the words spewing through Potts’ viperine sneer only as, “Take me as your client and I will make your life miserable".
All lawyers want to build their practices and take on new cases and new clients. Part of the art of law practice, however, is to “separate the wheat from the chaff". One bad case or client can make a lawyer’s life miserable. Much is written about the quality of life for lawyers. Avoiding the problem case and the problem client is a good balm for the improvement of the practitioner’s quality of life. In matters of case and client selection, it is submitted that the presence of too many of the following red flags should result in a “no” to the question, “Will you take my case?”.
- The prospective client makes an appointment only on the eve of the expiration of the statute of limitations.
- There is no reasonable probability of significantly improving the client’s pre-retention position.
- The filing of a lawsuit will likely draw a counter-suit or a motion for sanctions, fees or costs.
- The case is outside of the lawyer’s current experience and competency.
- The lawyer has other pressing current obligations to existing clients.
- The prospective client expresses unrealistic expectations.
- The prospective client has fired, or has been fired by other lawyers.
- The prospective client has multiple prior claims.
- The prospective client has a poor employment history.
- The prospective client appears untrustworthy or unsympathetic.
- The prospective client exaggerates injuries, damages and losses.
- The prospective client exhibits a willingness to do anything to win.
- The prospective client attempts to impose/demand unreasonable deadlines, results or budgets.
- The prospective client will not follow advice.
- The prospective client will not accept the law as it exists and is hostile to you as the bearer of bad news.
- The prospective client is too fee sensitive and wishes to negotiate or argue about fees before any have been incurred, presented in a fee statement or paid.
Head still spinning after the meeting and showing Paul Pott the door, Gort stumbled back to his office and fell into the coolness of his green Gunlock leather chair. Gort wanted more cases and more clients but he was very uncertain about Pott. The red light voice mail message signal on his phone was blinking.
Gort picked up the phone and pressed the voice mail button. “Mike, this is Allison at Green Grocer and I just wanted to tell you how pleased everyone here is with the results in the Wolfe case. I have already taken your fee statement to accounting and had the check cut. It should be in your office next week. We are so happy we found you and also have you as our lawyer on the Channing file. Thanks again for all you do.” Allison and Green Grocer, now there was a client. Green Grocer was a solid company, who followed our advice, paid our bills and even said thank you!
It was then Gort noticed the steaming cup on his desk. His colleagues had thought of him. He picked up the cup and drank heartily. Ah, hot, sweet white chocolate mocha, that’s better, not bitter.
Gort picked up the Dictaphone and spoke, “Dear Paul Pott: No thanks.” Life is good. Less is more.
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Filed under Blog by Tom Collins