Divorce Practice--The Client Relationship.

• Author: Barson, Kalman A.

This is the second article in a series on divorce practice engagement issues.

Probably simultaneously the best part and the worst part of divorce practice is dealing with the clients. You really have no choice--there are few cases without clients. True, there are some very good clients, and many situations where you can accomplish much with satisfaction and pride. On the other hand, however, you are getting involved with people at some of the worst and most tension-filled times of their lives. During a divorce, even the mildest person can be a difficult client. Someone who is not necessarily all that nice to begin with (and depending on who you listen to, in divorce actions, there appears to be no shortage of people who are simply not nice) makes that situation a tad distasteful--even intolerable. Establishing a client acceptance procedure is one way to help minimize the potential problems.

Screening potential clients

Based on over 20 years' experience, and after handling hundreds of divorce cases, I can share with you this: There are two ways to accept clients:

1. You can take anyone who comes in the door.

2. You can pick and choose.

Please take your time to carefully digest that brief bit of wisdom. Let's deal with the selection process. In reality, many times you simply will not know just how good or how bad a person is going to be until you have had that person as a client for some period of time. Nevertheless, certain telltale signs warn you not to accept a potential client:

* You are the third accountant to be engaged. What was wrong with the other two, and what makes you think you are any different?

* This prospective client is on his or her third attorney--see above.

* The prospective client has come to you not through an attorney, but rather through your Web site, an article you wrote, an ad in the newspaper, or the yellow pages. This is not an automatic rejection, but experience tells me to be extra careful when the source is not an attorney.

* Previous clients from the referring attorney have been difficult. This type of insight comes from experience. Referrals from some attorneys are golden--from others, pyrite.

* During your first interview, the potential client comes across as the victim of every attorney, accountant, and government secret agent. For such a person, there never can be justice.

* The potential client arrives wearing blood-splattered clothing. I have found this one to be a good barometer for client avoidance.

* The potential client demonstrates maniacal fervor. I don't know about you, but I find zealots to be very difficult people.

* The potential client was recently released from a maximum-security facility.

Check for conflict

In the client-selection process, it is very important that a firm establish certain procedures for checking for conflict. How detailed and elaborate such procedures are of course vary depending on the firm. A sole practitioner does a conflict check every time he or she considers a potential client. A small firm, especially with only one main player in the divorce field, can probably easily accomplish conflict checks by circulating a simple memo or making a few internal telephone calls. On the other hand, a larger firm, especially one with several people involved in the divorce field, needs to have a much more formal procedure--and it has to be in writing.

As soon as you are contacted to consider handling a case, you need to get the vital information (e.g., the potential...