Think twice before accepting that retainer

Many of us with food allergies learn at an early age what foods we cannot eat.  If we do eat those foods that we should avoid, we will get sick and/or suffer some other allergic reaction.

Even if we don't have food allergies, we learn what foods we like and dislike - - and we avoid those that we dislike.  One of my daughters, for example, hates spaghetti (for no apparent reason other than the fact that she does not like it).  I, on the other hand, love spaghetti.

I also happen to have a preference for classical music.  I know that many others don't.

Many of us prefer a particular style of clothing.  Some men prefer wearing neckties in a business setting; other's don't.  Some women prefer wearing heals; others, don't.

Well, it should not be surprising that the same preferences and dislikes are also true for the types of clients that we lawyers like, or dislike.  As the old saying goes, "one size (or personality) does not fit all."

Some lawyers can tolerate (if not relish) a client having a particular personality style while other lawyers might consider that individual as being the "client from hell."

Therefore, it is important that a lawyer (who has the freedom to do so) carefully consider the type of personality styles that they do, and do not, work well with before accepting a retainer.  Admittedly, it is not easy to say "No" to a prospective client when the prospect has their pen and checkbook out ready to write you a retainer check.

But, accepting the wrong type of client is like eating a food to which one is allergic - - both will make the lawyer "sick" or, at the very least, prevent the lawyer from having a good night's sleep.

Comments

[John Yarmoski, Attorney at Law]

You correctly point out that an attorney has 100% control over the types of cases and types of clients he accepts. It is actually easy for attorneys to forget that and to feel like their client development efforts are being wasted if they turn down business.