The Four Most Important Reasons Not to Accept a Prospective Client

Seasoned lawyers often say one of the toughest lessons to be learned in one's professional life is knowing when to decline representation of a prospective client. This can be a particularly daunting task as a young lawyer. It may seem like any client who comes your way could not possibly be a "bad" client. To tweak an old saying, "if it weren't for bad clients, I'd have no clients at all." However, once you are several weeks or months into representing the troublesome client, you may think back to the day the bad client walked into your life and lament "if only..." Do not let this happen to you. Here are the four most important reasons that you should, or in some cases must, decline representation:

1. Representation of the prospective client would violate the rules of professional conduct.

If in a quandary, consult the most recent edition of the Washington Rules of Professional Conduct, which are available at no cost online through the Washington State Courts website at www.courts.wa.gov/court_rules under "Rules of General Application." Also consult the formal and informal ethics opinions which are available for free through the WSBA website (www.wsba.org). The Unpublished Informal Ethics Opinions database is searchable and has a wealth of information. As published on the WSBA website, Washington lawyers may call the Ethics Line (206-727-8284) and speak with the professional responsibility counsel who will discuss the situation with the caller to help clarify the ethical issues involved so that the inquirer is able to make a decision consistent with the requirements of ethical behavior.

2. The matter is a dissolution of marriage, bankruptcy, landlord-tenant, or criminal case, and the prospective client is unwilling to pay you an adequate retainer, perhaps in full, up front.

Many landlord-tenant matters are not cost-effective for the tenant to pursue through a paid attorney. Surprisingly, landlord-tenant cases are easily as contentious, if not more contentious, than dissolution of marriage cases. This may be due in part to the fact that the landlord and tenant never had wonderful, feel-good feelings for each other upon which they may draw when conflict arises. Many prospective clients are in need of free legal services, and I applaud attorneys who take on pro bono cases. But, please do not end up in the unenviable position of involuntarily working pro bono, especially on a highly adversarial and unfulfilling case.

3. The case lacks merit.

Explain to your prospective client that, although you would love to work with her, you cannot in good conscience take the person's hard-earned money in exchange for work on a non-meritorious case.

4. The prospective client makes you feel uneasy, or your first instinct (before you begin calculating the amount of income you could receive from the case) is that the client is bad news.

For example, you may sense (or know) that the prospective client is dishonest. Do not become entangled in the client's web of deceit. Trust your instincts.

The sage advice that "an ounce of prevention is worth a pound of cure" is worth heeding. Decline or terminate representation when appropriate so that you can focus your efforts on those clients who are truly worthy of your hard work.