THE DIFFICULT CLIENT: OR THE DIFFICULT
LAWYER?
On rare occasions, we encounter clients that we feel are
"difficult clients". We are sure, however, that often
those clients feel we have become "difficult lawyers".
What leads to this situation, and can it be avoided?
It is a relationship
It is in the nature of our profession that a relationship of
trust and confidence must be developed between the lawyer and the
client. In the vast majority of our cases, as the matter
proceeds, there are several meetings or contacts. This means that
communication and personalities play a role in a successful
outcome. A "difficult client" really represents a
failed relationship.
Failure to Communicate
Most failed solicitor-client relationships are the result of
failed communications. The client may not understand why the
lawyer has taken a step, and the lawyer may not understand that
the client wants to or needs to know. They start talking past
each other, make assumptions that are unwarranted, and before you
know it, they are at loggerheads. In an attempt to avoid this
scenario, we have a procedure of copying all important
correspondence to our clients. Hopefully the client then knows
what is happening with his case. It is equally important that our
clients keep us apprised of their concerns.
Courtesy is the Starting Point
Politeness and courtesy are fundamental to the success of the
solicitor-client relationship. Our staff is trained and are
expected to deal courteously with our clients at all times. We
are a service business. If there is any failure of courtesy,
please do not hesitate to bring this to our attention. Similarly,
however, it is difficult to form a relationship of trust when the
courtesy is not reciprocated.
It is NOT a 'Need to Know' Scenario
Every so often a client will deliberately withhold information
from us, thinking we do not "Need to Know". From the
lawyer side, this is tantamount to lack of trust and
confidence--poison to a successful relationship. The client
likewise may sometimes get the impression that the lawyer is not
being open and frank, with the same result. These situations can
be remedied, if caught early enough.
Personalities Sometimes Clash
Every client is different; so is every lawyer. From the
lawyer's viewpoint, we have learned from experience how to deal
successfully with many different personality types among our
clients, because we are, after all, a people profession. However,
in some matters when trying to achieve a result, possibly we
become overly "goal oriented". For example, most of our
clients naturally want to keep legal costs to a minimum. In
trying to respect that instruction, we may forget that some
clients need more than the customary reports. A balance between
constant communication, and economic conduct of the case must be
achieved in any particular case.
Nobody Likes Bad News
On occasion, a solicitor-client relationship can suffer
because the lawyer has to be honest, and deliver some bad news.
There simply are some people who cannot accept our counsel. It
would be a disservice to the client, however, not to face the
facts. The only solution in this situation is to terminate the
retainer.
Complaints are Important To Us
Being in a service business, complaints are an important
source of feedback to us. Naturally, we hope any particular
complaint will be communicated with courtesy, but we need them
regardless. If you are not satisfied in any respect with the
service you receive at our firm, we would be grateful if you
would advise us. Our managing partner is Ed Fleury. We would ask
that any complaint be made to him.
Law Society Complaints Bureau
Serious complaints of lawyer misconduct can be made to our
regulating body, the Law Society of Upper Canada (LSUC). Details
of the complaints procedure can be obtained at the LSUC website,
http://www.lsuc.on.ca.
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