Getting Paid . . . Ethically
| Author | Lynda C. Shely |
| Pages | 15-18 |
SPRING 2020 15
Common ethics and risk management issues arise from
involuntary pro bono representations—otherwise
known as collecting fees and avoiding complaints.
Starting Off Right— Manage Expectation s and
Avoid “Bad” Clients
All lawyers in private practice need to avoid bad clients,
meaning the clients who say, “money is no object,” or the
clients who actually say, “I’m not sure I can aord a lawyer.”
Unfortunately, most clients—at least at the beginning—ap-
pear genuine in their goals and the facts they convey. ey
agree that they understand how you charge and that a
divorce/custody dispute/paternity challenge may not be
inexpensive. Clients hear you tell them that the fees will
depend in part on how much the client assists in the repre-
sentation and how obstinate the opposing party is. ey hear
all of that, but they either forget it or pretend to forget it
during the representation.
e rst tip to getting paid ethically is to trust your
instincts—do not accept the sad-story client who just cannot
come up with the initial retainer but promises to bring it in
as soon as he gets paid in two weeks. is sounds heartless,
but the rst step is—choose which clients you are willing to
represent pro bono ... do not let clients impose this on you.
Lawyers should pick their pro bono clients—
they should not be involuntary.
Ethically it is appropriate, with client consent, to perform a
credit check to assure the client has the capacity to pay fees.
Require a signicant retainer up front, to avoid the ever-
slowing trickle of payments once you represent someone. Ask
prospective clients the dicult questions about how they
expect to pay for the matter and be candid with how much
litigation costs—including experts and transcripts! Explain in
person and in writing that the rm charges for telephone
calls and reading emails (and text messages).
Do NOT estimate a range of fees unless you are prepared
to charge a at fee. When a lawyer says, “trial may cost
anywhere from $5,000 to $50,000,” the client only re-
members that you said trial would just cost $5,000.
Be rm about receiving a retainer (advance fee deposit) at
the beginning of the representation. Calculate the initial
Getting Paid . . .
Ethically
By LYNDA C. SHELY
PRACTICE TIP
PRACTICE TIP
Published in Family Advocate, Volume 42, Number 4, Spring 2020. © 2020 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof
may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
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