Why Do You Have Difficult Clients?

Unfortunately, sooner or later, most of us get caught with difficult clients. But there's no reason to get caught with the same kinds of difficult clients over and over, is there?

During a discussion this week about dealing with difficult clients, one lawyer related that she had clients who called her incessantly, leaving multiple messages on her machine after hours, even while acknowledging that they knew the lawyer wasn't in the office. These same clients would arrive at the lawyer's office unannounced and demand to be seen, regardless of the lawyer's other appointments or obligations.

Not surprisingly, the lawyer also said that these clients were 'usually' clients who hadn't paid anything up front or who had gotten a discounted rate. The lawyer ended her commentary by saying, "I charge the lowest fees in town."

We've all heard the saying that the definition of insanity is doing the same thing over and over and expecting a different result. From the account above, it sounds as if this lawyer is repeating the same mistakes and ending up with the same difficult clients over and over. If she wants things to change, what she needs to learn is not how to deal with difficult clients, but how to identify and avoid them.

Although some practice areas are more emotional than others, and some clients are more needy than others, there is no need for lawyers to put up with this kind of behavior. Here are some ways to avoid or eliminate the problem:

1. Establish guidelines and expectations with clients up front
I'm a big believer in client service, but I also think that we're responsible for 'training' our clients and setting expectations at the beginning of an engagement. Clients who have unrealistic expectations or who balk at the guidelines are probably clients we don't need or want. This lawyer  needs to discuss the parameters by which she will communicate with clients. If the client doesn't accept them, the lawyer should let the client walk out the door - she'd be eliminating future headaches.

It is important that clients know that their lawyer is responsive to them, and knows when to expect return telephone calls, etc. But it is also important for clients to be aware that if they want their lawyer's undivided attention when the lawyer is working with them, the same service is being provided to other clients.

At the beginning of each engagement, the lawyer needs to advise the client that they will not be seen in the office without an appointment, and that if an emergency arises, they must call the office first. The lawyer should tell the client the length of time within which the client is likely to receive a return call, and suggest that the client make a list of things to discuss with the lawyer rather than calling every 2 minutes unless it's a real emergency.

These are just some general guidelines - there is a lot more to setting expectations with clients up front, but a lawyer that ignores the basics does so at their peril.

2. Change the fee structure
The correlation between low-paying clients and poorly behaved clients is often overlooked.

As a general rule, discounting your fees is a mistake, unless you have a very specific strategic reason for doing so. Don't let a potential client 'bully' you into providing a discount. Most clients that ask for a discount are likely to be trouble, as the lawyer above has seen first-hand.

A client that doesn't want to pay your fees doesn't see the value of the services that you provide. There are exceptions to this rule, and sometimes the fault is with the lawyer for failing to communicate value, but whether it's the 'fault' of the lawyer or not, clients that want a discount are usually not likely to be your best clients. Often, they continue to nickel and dime even after the fees have been discounted, they delay payment or don't pay at all, they fight you, second guess everything, resist your advice, are overly demanding, or are otherwise 'difficult.'

Other suggested changes to this lawyer's fee structure include raising her fees and taking money up front from all clients. Clients that aren't willing to put their money on the line probably don't think what you're doing for them is important. Clients that think what you're doing is important will find the money.

Whether we like it or not, often we equate price with quality. Most people are willing to pay more for something (whether product or service) if they perceive that the more expensive item is higher quality. Therefore, most consumers, whether they're buying a product or legal services, are likely to assume that the lowest priced item in the market is also the lowest quality. If you know you're the lowest price lawyer around, you're more likely to attract these kinds of clients.

3. Fire some clients
Although she doesn't say so specifically, it sounds as if the lawyer above has a number of clients that treat her this way. There are times when these relationships can be salvaged by sitting the client down and having the conversation that should have taken place at the beginning of the engagement, outlining the responsibilities of each party to the transaction and possibly suggesting other resources that the client can turn to for services that the lawyer doesn't provide.

Unfortunately, it is more common that these kinds of clients cannot be 'rehabilitated,' and the lawyer is better off withdrawing from the representation as soon as possible. Far better to weed out these toxic individuals before they become clients.

4. Look in the mirror
This may be difficult to acknowledge, but if you're stuck with a number of clients who don't value your services and whose main concern is the fee, you should examine whether you've attracted those kinds of clients. Perhaps you have a disproportionate number of those clients because your message is that you're the cheapest lawyer, and that's your only point of differentiation.

If this lawyer is having the same experience over and over, something needs to change, and there's no reason for her clients to change if she doesn't take some action.

Comments

[Paul Jacobson]

I am pretty much in the same position with some of my clients. I started my practice with the intention of offering my services at a lower price and it backfired. I have a couple clients who simply don't pay so I revised my fee structure and now take money up front before I do any work. It is not at all the way I wanted to work though but not doing this may put me out of work altogether.