Ask the Expert

How do I handle a particularly difficult client?

There is no perfect answer to this question. Good client control skills come with time and practice and are one of the most critical skills that a lawyer must hone. Each client has its own needs and the experienced attorney knows that the control strategies it will use vary by client and can change throughout the relationship with the client.

There are some fundamentals to good client relationships and control that we can all have in our toolkit:

1. Be very clear and straightforward about your billing and fee expectations from the outset. Clients are never happy if they are surprised by a big bill. Of course, make sure to follow all ethical rules for engaging clients. Know that transparent and clear communication about billing practices, and also the attorney’s expectations for how much work is required for the particular situation, must be a priority. Do not wait to have those conversations! If you’re uncomfortable talking about how much you charge or how much a particular course of action would cost a client, practice! Practice in front of the mirror, record yourself, whatever you need to do to get comfortable with these conversations.

2. Sympathize! Attorneys work in the conflict business. Because this is our everyday normal, we can forget that for our clients, this type of conflict is new or at least an extremely stressful experience in every client’s life. Clients do not react well to attorneys who seem robotic or unsympathetic to their situation. Clients who leave to find a new attorney sometimes report that they felt their prior attorney was always them. Make sure not to lose sight of that and be human when talking to your client about their situation. It’s perfectly natural for a client to be stressed, sad, angry, and feeling any number of other emotions when engaging with the legal system. A good attorney always remembers that in client interactions.

3. Remind the clients of your job. If we could always tell clients what they wanted to hear, that would be terrific! However, advising and representing clients often involves breaking news or explaining things that we know our clients will not want to hear. Skillfully navigating these conversations is key. Consider carefully how you will break the news or cover the information. Often, a reminder at the outset can be helpful, such as “We’ve been looking at this issue and as you know, it’s our job to make sure you are aware of the possible paths and liabilities for each option.” Or, “I wish I could tell you that we recommend full steam ahead, but I wouldn’t be doing my job if I did that.”

4. Be responsive! Think of this - in the medical field, every person gets to decide the level of urgency they have for seeing a doctor. If it’s dire, they go to the emergency room. There is no emergency room for lawyers. Instead, our clients contact us and even if we do not think it is an emergency, they certainly might. The lawyers with the best client control are the ones whose clients know that the lawyer is responsive, listening, and available. Even if you can’t respond to a client’s substantive question immediately, a quick response that you saw their email and are working on responding to them as soon as possible goes a long way.

As the YLS CLE Committee program year comes to an end, we want to express our tremendous gratitude and extend a heartfelt thank you to all of the presenters who volunteered their time and expertise over the past 10 months speaking at one of our 27 CLEs. Likewise, thank you to everyone who attended one of these CLEs.

Each year the YLS CLE Committee plans and organizes three lunchtime CLE series. These series are designed to help newer attorneys navigate the legal landscape in Oregon and provide practical introductions to a variety of practice areas over the course of each ninepart series. This past fall, we started the program year with our Employment Law Series, which introduced attendees to the basics of employment and labor law, understanding noncompete and non-solicitation agreements, the basics of wage and hour law, harassment and discrimination claims, disabled, sick and injured workers, and LGBTQ issues in employment law. Our flagship Winter Series, the Young Litigators Forum, covered the fundamentals of litigation, including the nuts and bolts of being in the courtroom, pleadings, alternative dispute resolution, motions practice, post-trial matters, and professionalism and ethics. Our Spring Series rounded out the year covering advanced litigation. This series delved deeper into preparing a case for trial, and covered a range of topics from case intake and discovery to how to be a great second chair.

This coming fall, the YLS CLE Committee is excited to present our Minimum Competency Series. This series is designed to help newer attorneys spot multidisciplinary legal issues that frequently arise in seemingly unrelated practice areas in order to identify when they might need to seek additional guidance. Topics include insurance, tax law, family law, and business advising. More information to follow regarding the full lineup and how to register.

The YLS CLE Committee and the YLS as a whole strives to provide accessible, quality programming and resources at affordable prices for newer attorneys and attorneys who are new to Oregon. Our goal is to create a forum where attorneys can meet and begin building professional relationships in the Portland metro area and beyond. With this in mind, we are always seeking feedback and suggestions. If you are interested in helping shape future CLE topics and programming, we would love to hear from you. Whether you would like to join the YLS CLE Committee, volunteer as a speaker, or suggest content or topics for speakers, please contact our MBA staff liaison, Pao Vang, at pao@mbabar.org.