Home GPS Tracker GPS Poll Results 2 - Difficult Clients

We asked General Practice Section members, "How have you successfully dealt with a client whose behavior was particularly abrasive?"

You Said....

• Confronted the client directly about their behavior (49.5%)
• Addressed only the behavior/s that had direct bearing on the matter at hand (31.4%)
• Ignored the behavior (10.5%)
• Involved a third party (0%)
• Other (8.6%)

Percentage response as of 4/19/2012, based on 105 responses.

It depends on the situation...

• I've done all four of the alternatives listed. It depends on each situation.
• I've done all of the above. It depends on what the behavior is. There's no one-size-fits-all response. - Eileen Buholtz, Rochester NY
• ....depending on the facts each item might be appropriate

Decline or withdraw representation

• You cannot tolerate unacceptable behavior from a client. If the behavior does not change - fire the client. You will always be best served by ending unpleasant engagements.
• I usually ignore their [remarks] and have my partner deal with them in all future contact or we advise them to get another lawyer if they do not apologize....
• I send them to someone else. I decline to represent them.
• I have withdrawn from the representation when the behavior made it very difficult to represent the client properly.
• Our firm has a policy of discharging clients that are abusive to our professionals or support staff and do not respond to direct attempts to remediate the behavior.
• Refused to take the case....
• I advised the client that the relationship was not working and that they could be better served by other counsel

• If the client is extremely difficult or abusive to our staff and won't change his/her behavior, we suggest that he/she might be happier with another counsel.

...And More!

Having good client control is essential. An attorney has obligations to the Court, and to the client. If the client cannot work effectively with the lawyer, chances of a positive result are lessened dramatically. - W. Bradney Griffin, Lake Placid, NY

There may be numerous behaviors which are testing your relationship with the client (i.e. their constant lateness, rudeness to staff [particularly on the phone], unrealistic concept of an "emergency" or turn around time on a legal issue}. There is no way that all of these behaviors can be addressed at one time without losing the client. Pick and choose the timing, content and delivery of your comments on the behaviors as they occur. Few of us are in a position of letting a good paying client go. But if there is no improvement over time, even after your input on the behavior, you may have no alternative. - Florence M. Fass, Esq. (matrimonial practitioner)

If client behavior causes or will cause a problem with what we are doing I will say what the bahavior is and what the problem is & ask him or her to change....  - Robert T Farrell, Warrensburg, NY

Most client behavior issues relate to abrasiveness, control or the inability of the client to understand the situation being presented to them. On mundane matters that do not necessarily need a clients consent I avoid bringing up those issues instead of engaging the client and if possible resolve the issues in other ways with others in the matter . If not possible a Letter to client setting forth the issue our position and his actions & requiring him to sign absolving us from liability for following his instruction usually brings the matter under control. - Marvin Skedelsky, Whitestone NY

I ignore the behavior unless I am forced to deal with it

Calmed the client right down. - Schenectady, NY

Dealing with difficult clients is an artform. If you have a large Family Law practice, you will encounter a great deal of mental health issues as well as those 'under-the-radar' mental health disorders.... There will be many times where business clients, particularly in times of litigation, will make decisions without consulting you then ask for the magic wand to be waved to erase the damage. These are particularly difficult, as you are dealing with people who are typically financially savvy but not legally so.

[C]larify to the client the true legitimate objective to their case & how the behavior may negatively impact my effectiveness on their behalf- appeal to self interest- NOTE- this problem is much more pervasive than 20 to 30 years ago- entitlement is a real issue/ lack of work ethic, road rage, wanting it all & avoid having to do anything especially in the present are all symptoms of this destructive pattern- more and more we are dealing with old "children".... consider dumping this client as [they] are a future complaint and there often is no satisfying [them] - Theodore Stenuf, Minoa, NY

I have confronted clients who have abused or been inconsiderate to my staff. - Cornelius J. O'Connor, Jr, Albany, NY

Dealt with their behavior as it effected both our communications and the legal matter at hand specifically, with implications toward how such behavior truly effected all of the clients relationships, without otherwise telling the client how to behave.