Minimize the Risk of an Ethics Complaint - Lawyerist.com

Minimize the Risk of an Ethics Complaint - Lawyerist.com


"x x x.

Client intake

Create a checklist to help you screen potential clients so you can try to avoid the things most likely to lead to trouble. Include in your checklist items such as:

• Subject area. Only take on clients where the primary areas of need are those in which you are experienced. If you want to expand your practice, get a mentor or find other ways to gain experience in a new field before taking on a client who needs those services.
• Ability to pay/retainer received. If your potential client cannot afford your services, you are likely to wind up in trouble. You cannot always just walk away from a non-paying client, and financial issues between you will lead to trouble. Make sure they can afford you, and get a reasonable retainer up front.
• Litigation history. If your potential client has a habit of firing or suing their attorneys or other service providers, this should be a red flag.
• Reachability. Clients often complain that attorneys do not communicate with them. In order to satisfy a client on communication, you must be able to reach them. Make sure you ask enough questions to know whether you can reach your client when you need to.
• Reasonableness of demands. If your client initially comes to you with demands you cannot reasonably meet (such as presenting you with a motion to dismiss when the opposition brief they are asking you to write is due this week), you may want to pass on the case.

x x x."