13-4 Managing Attorney-Client Relationships

• Jurisdiction: United States

13-4 Managing Attorney-Client Relationships

13-4:1 Issues Beyond Lawyer's Control

No matter how carefully a lawyer screens a prospective client, any attorney-client relationship can run into problems. Sometimes, the problem rests squarely on the client's shoulders. Examples include situations where: (1) the client becomes unreasonable; (2) the client's understanding of the facts turns out to be incorrect; and (3) the client fails to provide timely answers or other needed assistance. In these situations, a lawyer has little choice but to terminate the relationship as soon as possible in as professional a manner as possible.

13-4:2 Issues Within Lawyer's Control

Not all problems are the client's fault. In many instances, the lawyer is the reason the relationship becomes troubled. As will be obvious from the discussion below, many of these issues also are addressed by the ethics rules.¹⁴

13-4:2.1 Competence

It is very easy for lawyers to find themselves enmeshed in matters that are beyond their expertise. For example, an inexperienced real estate lawyer handling a seemingly routine transaction may fail to recognize the zoning issues lying just beneath the surface. Likewise, an attorney who has successfully represented personal injury plaintiffs for many years might be tempted to take on a patent case because "trial work is trial work."

Before accepting either a new client or a new assignment for an existing client, a lawyer should ask whether he or she is the right professional for the engagement. If the answer is anything less than a definite "yes," the lawyer either should send the client to another lawyer (taking care to make a proper referral) or associate with experienced co-counsel.

A lawyer does not, however, have to be out of his or her element to make a mistake. Many malpractice cases involve what can only be described as "inexplicable errors." Examples include: (1) failing to thoroughly investigate the client's case before filing suit; (2) failing to name the correct defendant(s); (3) failing to sue within the statute of limitations; (4) failing to locate relevant precedents; (5) failing to transmit settlement offers; (6) failing to use a calendaring system to keep abreast of statutory or court-imposed deadlines; and (7) failing to use (or not using correctly) other types of technology.¹⁵

Some mistakes, however, are less obvious. For example, suing a government entity usually requires the lawyer to give it "pre-notice" of the suit, which may be inadvertently overlooked. Similarly, in the rush to defend a lawsuit, lawyers may forget to ask whether there...