Avoiding toxic clients like the plague.

• Author: Pribek, Jane

Byline: Jane Pribek

A while back, attorney James W. McNeilly successfully defended a former colleague against a meritless ethics complaint.

Afterward, his colleague expressed a wish to represent that client again. McNeilly talked him out of it.

Clearly, a previous ethics complaint is a red flag. But, says McNeilly, of Lakelaw Kenosha, it's easy to miss, or downplay, signs of the potentially troublesome client, especially if you're a compassionate lawyer who wants to help others.

New lawyers are notorious for taking on toxic clients, says Nicholas J. Vivian, of Eckberg, Lammers, Briggs, Wolff & Vierling PLLP in Stillwater, Minn.

Vivian, president of the Young Lawyers Division of the State Bar of Wisconsin, emphasizes that first impressions count. He frequently represents businesses with an eye toward establishing long-term relationships, he says.

I look for clients with similar personalities. I'm looking for small businesses that I can grow with, and who can grow with me. So I want to make sure the client's personality is the right fit on the front end.

He's careful to schedule generously when making that initial meeting. Give yourself time to look for the clues that a prospect might have toxic tendencies, he says.

Clients who give me the willies are to be avoided, agrees Todd E. Schroeder of Devainie, Belzer & Schroeder SC in La Crosse, who concentrates in criminal defense.

Here are some toxic types you should learn to recognize and avoid:

The Dreamer

Vivian urges listening closely to the prospect's goals.

When you meet with a client for the first time, you're developing expectations right off the bat. And I think the lawyer needs to be cautious in not setting expectations that are going to be difficult to achieve, he says.

The Know-it-All

Schroeder says that clients who believe they know everything are toxic.

I try to screen out clients who argue with me about the law. Because if they argue with me about the law, they're going to argue with me about strategy and anything else that might come up, he observes.

The Bully

Attorney Johanna R. Kirk represented a married couple in a business matter a while ago, and is relieved the case is over because of one of the difficult personalities involved.

She noticed during the initial meeting that one of the spouses was critical and demeaning of the other, and in hindsight says that should've been an indicator to her that this client would be toxic.

Sometimes, notes Kirk, who practices at Knudsen, Gee...