My latest edition of Law Practice, a magazine published by the American Bar Association Law Practice Management section arrived on Friday. There is a wonderful article for attorneys on dealing with difficult clients. Managing difficult clients is a skill for attorneys as we sometimes represent clients at their worst.
The article warns attorneys that dealing with a difficult client can result in an ethics complaint or a malpractice claim. Its suggests confirming an understanding with these clients and documenting everything! Now that's very practicable. The article suggests attorneys recognize the types of difficult clients and then be proactive in handling these clients and their cases.
Wow! I have a better piece of advice for attorneys. Recognize the types of difficult clients and the red flags and then ask yourself with your current case load is this a client you and your staff have the time and energy to represent. If yes, increase your fee and take the case. If no, refer to another attorney.
In my law practice, nurses don't call me just to say hello. You call because there is an issue in the workplace or a pending or forthcoming investigation against your nursing license with a State Nursing Board.
The following were identified as difficult client types:
* The Angry or Hostile Client;
I see this alot in my law practice with legal consultations and nurses who contact me. These are usually nurses who for whatever reason have decided to represent themselves only to find out later they don't like where the case is going with the State Nursing Board. I can understand being angry with your situation but take steps now to hire someone to assist you.
I also see alot of anger when a nurse realizes a complaint has been filed with the State Nursing Board and several months or almost a year has elapsed. Being angry is okay initially but move pass your anger to effectively deal with your situation and the pending complaint.
* The Vengeful or Zealous Client;
I see this also especially on the online nursing forums and boards but also in my law practice. I also see this in cases where a nurse has been investigated more than once by one or more State Nursing Boards and in cases where a nurse has had action taken against the license and represented herself/himself throughout the case from start to finish.
Life is too long (we have good genes in my family) and I refuse to work with clients who are "off the chain" or "off the hook." I have a nose for drama because I have a very large extended family (there are 100+ family members within 20 miles or less of our home) and trust me I get plenty of excitement in my personal life; I don't need it at work also. I usually decline representation in these cases or charge alot more money for representation.
* The Overinvolved or Obsessed Client;
When one's livelihood is at stake, I don't think you can be too involved so I see this as an aspect of client relations in a license defense practice. We can email, text, fax, and/or meet in-person or by phone.
* The Emotionally Needy or Dependent Client;
I see this sometimes also.
* The Secretive, Dishonest, or Deceitful Client;
I would love it if any and everyone who called my law office for legal advice was open and honest about everything but....
* The Depressed or Mentally Challenged Client; and
* The Unwilling Client i.e. thanks for the advice but this is what I want to happen here.
In my 13 years of law practice I have worked with all of the above. If you are planning to hire an attorney now or in the near future, you don't want to be labeled as a difficult client. You can be involved with your case and work closely with your attorney and ideally the expectations and goals for representation should be discussed and agreed to before the attorney-client relationship begins.
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