My fellow Mac Lawyer, Ben Stevens, of the South Carolina Family Law Blog had a great post of original content on how attorneys choose clients.

I had a few thoughts and some questions for Ben.

First, unless I’m making a conscious decision to accept a matter pro bono, I make it a point to only take on clients where I am sure I’m going to get paid. This could be from funds that the client has (we often represent the “advantaged” spouse) or from funds that we get from the advantaged spouse to even the playing field. This isn’t a cold decision, but I have an obligation to provide for my family and I can’t, literally, afford to expend time and effort where there isn’t a reasonable assurance of getting paid for my effort.

(As a quick aside, I find it insulting the way that clients will regard bills from their attorneys as “optional” to pay. It’s one of the reason that I bill on a flat fee basis for many stages of a divorce proceeding.)

As for other reasons not to take a case, I find that potential clients who have been through a few other attorneys can be potential problem cases. Typically, I’ll know one or two of the prior attorneys, whose opinion and judgment I respect. If they give a client their opinion on a course of action or settlement and the client rejects it, chances are that I won’t be the right attorney or law firm for them.

Finally, I’d be interested in hearing how Ben’s use of flat-fee billing works to either get or drive away certain types of clients.

Posted by Victor J. Medina -
Medina, Martinez & Castroll, LLC

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