When Trouble Comes a Knockin': How to Deal with Difficult Clients

Posted By Sean Newland, Oct 7, 2013

Clients are not perfect. Sure, some are better than others. But for every honest, rational, responsive, and engaged client, there’s at least one client-zilla waiting in the wings. You know the type. A client-zilla is that client who comes to your office every day to discuss the latest development in their case or will wait on the phone, on hold, for hours just to talk strategy, yet again, and has filled your email inbox with question after question.

Let me be clear: the client-zilla’s plight should not be belittled; because often we simply don’t know enough about their circumstances to pass judgment. Maybe their emotional scars are severe. Maybe they have underlying mental health issues. Maybe you made a mistake, which then led to their current exasperation. Whatever the case is, all clients, even difficult ones, deserve our best efforts. The problem, however, is that client-zilla’s behavior is now impeding your ability to do your job. So, how should you handle the situation? The answer to that question will likely depend, at least in part, on the type of client you’re dealing with.

The Angry Client

Angry client is, well, angry. The reasons for their rage will vary (broken leg, cheating spouse, totaled Porsche, etc.), but the negative effect on you, your staff, and the client’s case generally will not. Here are three factors to consider when dealing with them:

First, you are a lawyer, not a psychiatrist. You probably know that, but angry client needs to know it, too. So tell them – or remind them. And if their anger is out of control, consider referring them to a qualified mental health professional. Second, set boundaries: between you, the client, and your staff. Your office needs to be seen as a resource the client can use to achieve his or her legal objectives, not a punching bag they can use to let off some steam. Lastly, do not be afraid to terminate the representation—or be open about your willingness to terminate the representation—if angry client refuses to follow explicit warnings or behavioral requirements. For guidance about the circumstances under which you can withdraw from representation, consult the Rules of Professional Conduct.

The Obsessive/Oppressive Client

The obsessive/oppressive client presents a classic catch-22, because, in some ways, obsessive/oppressive clients are a godsend.  A client who’s engaged and responsive? What a treat! Well, maybe. You see, obsessive/oppressive clients aren’t just engaged and responsive; obsessive/oppressive clients are micromanagers, a trait that can have negative consequences for your sanity and the resolution of their case. Here are some suggestions for dealing with this type of behavior:

First, set some boundaries, and do so early; perhaps even at the initial consultation. The Rules of Professional Conduct require attorneys to communicate with clients often and be responsive to their questions and concerns. But that responsibility shouldn’t stop you from having an honest conversation with an obsessive/oppressive client about how their (over)involvement is hampering your ability to do your job.

Second, to the extent that you can do so within the bounds of the law and the Rules of Professional Conduct, use an obsessive/oppressive client’s eagerness to your advantage. For example, perhaps you can assign them the task of searching through medical records or other discovery documents for specific facts that will bolster their case. Done successfully, such involvement will allow the obsessive/oppressive client to scratch their itch and allow you to focus your energy on other important tasks. If the client reverts back to old habits, another boundaries discussion may be warranted. And if the behavior persists, you should at least begin to consider the merits of and your ability to terminate the representation.

The Uncooperative/Unwilling Client

Nothing is more frustrating than good advice that ultimately goes unheeded, which is why uncooperative/unwilling clients are especially maddening. Because, for whatever reason, uncooperative/unwilling clients appear to thrive off of ignoring your advice. Maybe you asked them to refrain from posting about the case on Facebook only to see “Can you believe my deadbeat former spouse is refusing to pay child support?” on your newsfeed a few hours later. Maybe you asked them to wear a suit to court and they showed up in flip flops, ripped jeans, and a Marilyn Manson t-shirt. You don’t know why they do it. But you do know that it keeps you up at night, and is making your job exponentially more difficult.

Here, as was true in the previous examples, the best course of action is to meet with the uncooperative/unwilling client as soon as possible and remind them how important it is to either heed your advice or voice their objections quickly and clearly. You are paid to plot the best course of action to meet the client’s goals. But even an ingenious plan cannot survive blatant disregard. If the client continues to be uncooperative/unwilling you should, again, consider the merits of terminating the relationship.

The Illegal Behavior Client

Illegal behavior client presents a much easier case, so to speak; because the rules in most jurisdictions are pretty clear. Lawyers cannot knowingly allow themselves to be used in the furtherance of a criminal act. Nor can they sit idly by while a client lies to a tribunal. So, if you have reason to believe your client is committing a crime or engaging in fraudulent conduct related to the proceedings, you must meet and discuss the actions immediately. No ifs, ands, or buts on this one: do it right away. Your license is your livelihood, so don’t play a game of chicken with the rules on this one. If you cannot dissuade your client from engaging in the conduct in question, ask for permission to withdraw.

Conclusion

The foregoing described but a few of the various types of clients that might eventually walk through your door. But the advice for how one should deal with their idiosyncrasies remains consistent. First and foremost, actively manage the representation. Do not sit back and hope a problem will go away. Address it, and then move on. And if the client refuses to adhere to certain standards, cut them loose. Do not let them negatively affect your practice, adherence to the Rules of Professional Conduct, reputation, or sanity.

For more on this topic, see Sean McCumber, Recognizing Difficult Clients: The Who, The What, The How to Avoid, and The What to Do When You Have One, 25 J. DuPage Cnty. B. Ass’n 28 (2013).