Lawyer’s playbook: how to deal with difficult clients as a lawyer

While we sometimes refer to them as having “strong personalities”, or “big emotions”, clients who are difficult to deal with can be defined in several ways:

• emotionally involved: clients are naturally emotionally invested in their own case. Some would try to push you into becoming emotionally involved too and expect you to agree with them whether they’re legally correct or not
• energy vampires: because of their puzzling personalities, these clients just suck the energy out of you when dealing with them. They question everything, they don’t show up, they expect you to know everything about them...they really suck
• know-it-alls: clients who don’t trust your advice or ways of moving forward with their case because they’ve Googled enough about their case, or that they’ve heard from someone’s lawyer or some legal expert that this is the way it should be
• information concealers: clients who are dishonest for several different reasons (e.g., doesn’t trust the legal process, or because of personal trauma) that will affect how you’ll be handling their case
• willfully defiant: after agreeing to a particular course of action, including their to-do's and not-to-do's, these clients will later not follow what you’ve agreed, putting their own case to the disadvantage
• financially resistant: clients who are hard to handle when it comes to finances, such as not paying the previously agreed fees on time, or those who low ball your reasonable standard fees

These are just some of the examples, not to mention those who are generally disrespectful and hostile towards you and your colleagues in the firm. Note that as we define these personalities who can be difficult to deal with, it’s not in any way intended to degrade your clients or justify any hostility towards them.

But if you’re determined to retain your client, given that they’re being too hard to handle, here’s a short video that can help you deal with them instead of letting them go:

The best lawyers in town may also have a thing to say on how to deal with difficult clients as a lawyer. Check out our page for Special Reports for lawyers’ rankings based on legal practice areas or locations of their practice.

What are the strategies on how to deal with difficult clients as a lawyer?

The following tips are given by Kevin Cheung, an Associate who now works at FH&P Lawyers LLP. He starts off by applying the Pareto principle to the practice of law in general.

“The Pareto principle states that 80% of results are derived from 20% of input. This 80/20 rule can describe difficult clients: 80% of your grief will come from 20% of your clients. Knowing how to handle that 20% is imperative to a healthy practice.”

Cheung says that difficult clients can be overwhelming, especially for sole practitioners and small firms. “Unlike at larger firms, you may not be able to easily transfer the file to another lawyer. However, ignoring the fact that a client is difficult can compromise your representation of them,” he adds.

To help lawyers and even their clients, below are some his suggestions for managing difficult clients:

Before accepting a challenging client

There are five things that you can do to initially evaluate if a client is — or is going to be — difficult to deal with. Cheung suggests the following red flags to be wary of and the steps that you can take to protect yourself to help you decide whether to continue with the engagement:

1. Conduct a client screen through the telephone

A telephone intake before the client enters your office will help screen problem clients. For example, a person who calls you just before their limitation period expires suggests they will require a significant amount of educating. It could also signal a lack of investment in their case, as they did not care enough to protect their rights early on.  

2. Never be the third lawyer on the file

As part of your intake process, find out if the client is switching lawyers. If so, obtain authorization to speak with the previous lawyer to find out why the relationship ended. A lawyer forced to terminate the relationship due to non-payment of the retainer, or breaching other terms of the engagement, should be red flags for you. Generally, while you may be the second lawyer on the file, never be the third.  

3. Understand the client’s motivation

During the intake, in addition to canvassing what the client wants, find out why they want it. If they want revenge or justice without regard to costs, alarm bells should sound. If they are angry and argumentative, want to sue their past lawyer or have unreasonable expectations at the outset, be prepared to spend considerable efforts educating the client if you take them on.

4. Review the file before taking it on

If you are referred to a file by another lawyer, ask to review the file and meet the client before taking the matter on. This will allow you to properly assess the file and determine whether you can work with the client. 

5. Do not act for family and friends

What may seem like a small matter or a simple favour for family or friends will often be more complicated than anticipated. Your relationship with that person may also cloud judgment or lead you to relax your policies for them.

After accepting a difficult client

However, there are times when these warning signals of being a difficult client only show later or after you’ve accepted their case. This can happen when:

• screening during client intakes does not immediately show that your possible client will become a challenging one
• the relationship between you and your client was okay at first, but eventually turned sour over time
• worst, it was your consensual decision to accept a difficult client

So, how can you deal with difficult clients as a lawyer, especially when you’re in a circumstance that you really must deal with them? Here are five things to look out for and what you can do about them, according to Cheung:

1. Understand why they are difficult

A client may be difficult for a lot of reasons. Perhaps they suffer from a mental illness or a serious medical condition. They may be overwhelmed, resentful or scared about the legal process, and are transferring their negative emotions on to you. Once you have an idea of what makes a client difficult, you can create a plan to deal with it.

After understanding why your client is difficult to deal with, the next step is knowing what to do and how to help them, especially if your client is actually in a difficult situation. Watch this video from Legal Aid BC about working with clients in difficult situations:

For more resources on improving your legal practice or about the legal profession, read some of the opinions of lawyers and legal thought leaders on our Opinion page.

2. Educate, educate, educate

The key to dealing with most difficult clients is educating them. Take the time to talk to them and explain the legal process, even if you must do it repeatedly. Report regularly as this will help the client understand their file and alleviate concerns that nothing is being done. Educating a client will build a positive relationship that lasts throughout the file.

3. Establish ground rules

Ground rules will set expectations. Have policies for missed appointments without reasonable excuse, non-payment of retainer and treatment of staff. A breach of these policies can cause the termination of the relationship. Once you set these ground rules, and they are broken, the consequences must be dealt out. Failure to do so encourages the poor behaviour from the client and it’s on you then.

Also, establish phone and email expectations. Limit after-hours correspondence to mitigate the expectation that you are at the client’s disposal.

4. Explain hourly rates for all staff

Clients must understand that your staff’s time is valuable. When reviewing your hourly rates, include the rates for your staff. This will dispel the illusion that only the lawyer’s time counts and minimize the never-ending calls to support staff.

5. Stick to your rules

Policies with the best of intentions are meaningless unless we follow them. This can be painful, but it must be done to protect yourself, gain your client’s respect and create a harmonious office.

Can a lawyer withdraw from difficult clients in Canada?

Aside from knowing how to handle difficult situations, such as when talking to clients in distress, it’s also important to be assertive of your right to withdraw from difficult clients.

Ideally, as a lawyer, you’re dutybound to complete the task that your client has engaged you with. However, your law society does allow you to withdraw from representing difficult clients. In doing so, there are two things that you must consider:

1. the reason/s should be justifiable:
   • withdrawal cannot be based on capricious or arbitrary grounds
   • proper grounds include serious loss of confidence, non-payment of fees, conflict of interest, insistence of client to any act that is illegal or against the code of conduct, incompetency of the lawyer, among others
2. the proper process of withdrawing must be followed:
   • tender of proper notice to the client, the opposing counsel, and the court
   • account any money and property received from the client
   • account any outstanding fees and disbursements due from the client
   • deliver to the client all documents and properties they’re entitled to
   • adequate time for the change of counsel and proper turn-over of the case
   • follow the additional process in the Rules of Court

In addition, there are instances when withdrawing from representing a client, no matter how challenging they are to deal with, is prohibited or at least put on hold if:

• it's at a critical stage of the client’s case
• it would put the client at a disadvantage or danger
• it's a wastage to the other counsel’s and court’s time and resources

As such, the withdrawal from the case of a difficult client must not prejudice the client and their case, no matter how ugly your lawyer-client relationship turned out to be. Even if they are truly awful, you must still be a professional who follows laws and procedures.

Rules on clients terminating their lawyer

The rule on the withdrawing lawyer can be compared to the rule when a client terminates their lawyer. If it’s the client who wants to stop engaging with you, they’re allowed to do that at any time, but subject to payment of fees for whatever services you’ve already provided them. The client is also required to give you notice, especially if it’s provided in your retainer agreement or other contract.

Significance of learning how to deal with difficult clients as a lawyer

Aside from having a good mental disposition throughout your career, another value in knowing how to deal with difficult clients as a lawyer is that it’s proactive in nature. By having a good relationship with your clients, you can:

• lessen the chances of having unpaid bills, even if it’s a justified collectible from the difficult client
• prevent any possibility of being reported for unfounded allegations to your law society or for civil and criminal liability
• make informed and conscious decision if you’re accepting the client or withdrawing from their engagement

How to deal with difficult clients as a lawyer: exploring client relations

In sum, here are the steps that you can take when dealing with difficult clients:

• having a proper client screening
• setting of expectations and parameters at the early stage
• non-tolerance of erratic behaviour and illegal activities
• documenting everything about the case’s developments

In addition, Cheung says everyone has difficult clients, and the best way to avoid them is to not be retained by one. “If you do have one, take the time to educate them and establish rules and expectations. Knowing how to handle a difficult client properly can be the difference between an unhappy client that degrades your reputation and a happy client that sends you future business.”

Want to read more about how to deal with difficult clients as a lawyer? Head over to our page on practice management and firm operations for more resources on handling your legal practice, whether you’re practicing solo or in a law firm.