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Poor Relationship with
Client: Work to make the client like you, and provide good
service. Return phone calls and e-mails promptly and otherwise
be responsive. Do not talk down to the client. Keep the client
informed about the matter you are handling.
Inadequate Knowledge or Preparation: Do not handle
matters involving issues about which you have little or no
experience or skills. Refer to others matters which you are not
qualified to handle. Keep up on new developments in your
practice area.
Failure to Define the Scope and Terms of the Representation:
Send each client an engagement letter which explains the terms
and scope of the representation. This avoids misunderstandings
later on about what you were supposed to do.
Working for “Trouble” Clients: Part of avoiding
malpractice claims is to avoid clients who appear to be nothing
but trouble. This can be done with appropriate client
screening, including the use of in-take questionnaires. Do not
take on clients who you learn have history of “firing”
professionals. If a client turns out to be nothing but
“trouble”, you should be prepared to stop working for him and to
exit the relationship as gracefully as possible.
Suing A Client for Fees: All to often, when a
professional sues a client for fees, the client files a
retaliatory claim for malpractice. Avoid suing clients for
fees, especially when the fees at issue are relatively modest.
Bill clients regularly and make sure bills are reviewed for
accuracy and reasonableness before they are sent out. Do not
overbill. Make sure the fee arrangement is in writing.
Conflicts of Interest: Before taking on a new client,
make sure your representation of him does not conflict with your
representation of an existing client. In other words, do a
conflict check before starting work on a new matter. If a
conflict does exist and you decide to take on the matter anyway,
make sure the client waives the conflict in writing after full
disclosure.
Inadequate Documentation of File: Make sure key events
and conversations are documented either through “memos to the
file” or confirmatory letters. For example, if you obtain a
waiver of conflict of interest from a client, make sure it is in
writing and with full disclosure. If you obtain a deadline
extension, confirm it in writing. If a client declines to
follow your advice, confirm in writing the advice, and the fact
that the client declined to follow it and detail the potential
consequences.
Missing Deadlines: Have at least two calendaring
systems, one primary and one backup. If the deadline involves
action to be taken by the client, inform the client well in
advance of the deadline what action he must take and remind him
of the deadline on multiple occasions.
Psychological Problems and Substance Abuse: It takes one
professional in your firm with mental health or substance abuse
problems to create claims. Be aware of what others in your
office are doing and how they are behaving. Be willing to
intercede and obtain help.
Giving In to Temptation: Abide by rules of professional
conduct. Let your conscious be your guide. Do not “bend” or
break the rules for “good” clients, even when the client asks
you to do so. |
