SHOULD RED FLAG CLIENTS GET SECOND CHANCES? BY CAMILLE STELL | LAWYERS MUTUAL CONSULTING & SERVICES
I RECENTLY RECEIVED AN EMAIL FROM A CLIENT THAT READ IN PART: “While I appreciate paying for services rendered, I am fairly certain we were not on the phone for an hour. Another consultant provided the same / more information without sending me a bill, thus I engaged them to help me review the document. Based on this invoice I would not recommend your services to anyone else who might ask. Once I review the phone records, I’ll pay for the call based on your hourly rate in 10ths.” The email was distressing for many reasons. One, I have a pathological desire to be liked and it was clear this lawyer who liked me earlier during our consult, no longer liked me. Another reason for the distress was that I didn’t purport to bill hourly. I charge a consultation fee which I put in writing, and he agreed to up front. That fee also includes a follow-up call after the client has had time to digest the information I provide – which I was also clear about. So, he actually had more service available to him should he choose to avail himself of that service, at no additional cost. And finally, his tone hurt my feelings. We had a very lovely conversation, and I was surprised at the turn it had taken. It felt unexpectedly harsh. I’m sure you’ve had similar experiences. Here’s my question – do we give these clients a second chance?
responsibility as well as receiving redemption. This definition does not necessarily fit our clients. Our red flag clients are entitled to help – but they don’t necessarily have to get the help from us. Perhaps someone else is better equipped to deal with their personality. Perhaps someone else can set better boundaries or communicate with more clarity.
Camille Stell is the President of Lawyers Mutual Consulting & Services and the founder of the online community, Leading Law. Continue this conversation by contacting Camille at camille@ lawyersmutualconsulting.com or 919.677.8900 or join Leading Law at Leading Law - Lawyers Mutual Consulting.
It is often for our client’s benefit that we allow them to find a lawyer who is a better fit. I’m not going to be able to help Mr. Doe. He no longer trusts me. And if he comes back because I’ve waived my fee and he can get more “free” advice by yelling in an email, he will likely only be happy if I behave exactly as he wants me too and I tell him exactly what he wants to hear. And that is not my role as his consultant or your role as his counselor. This scenario won’t end better for me by giving him a second chance. I’ve seen too many examples of red flags that have been ignored and the disastrous outcomes that can occur. I have 20 years of experience of observing these situations unfold in my work with Lawyers Mutual to know when the red flags must be considered.
Certainly, my upbringing would tell me to offer a second chance. I’ve attended many Sunday School lessons where second chances are not only the theme, but they are reason for rejoicing! My Southern upbringing would also confirm that everyone deserves a second chance. Probably because we are each going to need a second chance ourselves, so better to have offered second chances freely and frequently!
This could potentially end worse for me. I waive my fee or discount my fee and agree to continue helping him. At which point Mr. Doe assures me he’ll pay me for the actual work I do for him. But I’ve seen this story play out too many times. My actual work still won’t be good enough. And since he effectively bullied me the first time, he’ll assume that I respond to bullying behavior so I can expect to have this very conversation with him again.
And finally, my nature tells me that second chances are required because they are so hard to offer. It goes a long way towards forgiveness to offer a second chance. However, my career has been steeped in providing risk management advice. I know well the signs of “red flag clients”. I know how hard I see lawyers wrap themselves in knots trying to please clients (and others) who are never going to be appreciative or who are going to rat you out at the first moment of disharmony. Here’s what I’ll say about second chances in a profession where second chances are necessary for justice. There is a difference in offering a second chance and subjecting yourself to a potentially abusive client.
I believe in second chances in my core. My home upbringing and my religious upbringing implore me to provide second chances. However, my professional experience tells me, and allows me to tell you, that when it comes to giving clients a second chance, you are not doing you or your client a service by ignoring the red flags. When your client shows you who they are, believe them, and move on. WBF
Usually, the second chance goes to someone who is not in a position of power. The second chance will improve the lot of the individual seeking the second chance. The second chance offers an opportunity for accepting
WAKE BAR FLYER
5
SECOND QUARTER 2022
