Many clients emerge from an attorney client relationship frustrated and skeptical about attorneys. Sometimes this is due to their own unreasonable expectations of what the attorney can do for them; however there are times that their feelings are justified.
According to the American Bar Association Center For Professional Responsibility there were over 5000 attorneys formally charged after a probable cause determination in 2006. That is over 5000 justifiably dissatisfied clients. The actual number of complaints made to the disciplinary agency was 123,927[1]. That is 123,927 people dissatisfied enough with their attorney to lodge a formal complaint against them, what of the people who go away quietly disgruntled?
It is possible for clients who do not win their case to still be satisfied with the performance of their attorney. When a client understands their attorney has worked very hard on their case and done everything the attorney could, their dissatisfaction turns more towards the “system” rather than the attorney.
This article will explore some if the top complaints from dissatisfied clients and how attorneys can avoid these situations.
1. Not explaining the “hows and whys” of the court process. Clients often do not understand what their attorney is doing or why or why they can’t do something else. When people are in court, especially in family court, it’s usually regarding an issue that can have life altering results. Not understanding adds to the client’s anxiety and frustration about the entire situation. Communication about what the attorney is doing and why is vital for a satisfactory attorney client relationship. It is a great opportunity for the attorney to really show the client HOW they are working for them and why they are worth the money the client is spending.
2. Pushing for court/Pushing for settlement. When an attorney is suggesting following a case through to court and the client wants to settle, the client invariably feels as if the attorney is trying to increase their fees. When an attorney is pushing for settlement and the client wants to go to court, the client invariably feels the attorney is not showing enough interest in their case. This complaint is very much an extension of complaint number 1. When the client does not understand what the attorney is doing they draw their own conclusions. Usually those conclusions are not in the attorney’s favor. Attorneys need to take the time to fully explain the risks and benefits of settling or going to court to their clients, accept their client’s feedback on the matter and make the decision WITH their client.
3. Lack of contact. Clients become very frustrated when it takes their attorney 2 weeks to return a call or email. Sometimes attorneys never return a call, the client just has lucky timing and is able to catch the attorney when they are in the office. In any other business relationship this lack of contact would not be acceptable. Because the attorney is holding significant amount of the client’s money (retainer), it is not as simple as the client taking their business elsewhere. An attorney not communicating with their client undermines the trust their client has placed in them. It is very important for attorneys to return calls and emails with a reasonable time period. Most clients, while wanting their answers right away, would find 48 hours an acceptable amount of time.
4. Poor performance. Clients are justified in being frustrated by poor performance. An attorney can lose a case and still have performed well. Some examples of poor performance described by clients include; the attorney clipping their fingernails during a hearing, doing nothing to prepare the client for court, not preparing themselves for court, being late for court, missing filing deadlines, promising to complete a task by a deadline and not doing so, lying, not objecting to clearly objectionable evidence, and not appearing for the hearing at all. The frustrations caused by these mistakes are a big reason more and more people are choosing to go pro se. Their thinking is “why should I pay an attorney $200 per hour to screw up when I can do it myself for free?” There is little one can say about how to avoid these mistakes as they are easily attributable to a lack of competence or motivation.
Attorneys can avoid most of the mistakes listed here just by exercising a little empathy. If the attorney were the client, how would they want to be treated? A good thought for an attorney to keep in mind is while they may have 30 cases at any given time, for each of their clients their case is their only case, their only focus.
In day to day practice, attorneys should be careful to not take too much on their caseload at any one time. An attorney can run themselves ragged trying to meet the demands of an overly burdensome caseload and end up not doing a good job for any of them. Retainer agreements can be changed to reflect exactly what the client can expect from their attorney with regards to communications and any other issue where the client may need to be educated about what to expect from the attorney client relationship. People are much easier to work with when they know exactly what to expect and what the “guidelines” are.
If an attorney is faced with a client who has unreasonable expectations and is not willing to listen to their advice, they should not take them on as a client. The amount of money the client will pay is not worth the attorney’s reputation when they can’t win the un-winnable case.
[1] Survey on Lawyer Discipline Systems 2006, ABA Center for Professional Responsibility
