Many new and experienced attorneys alike have difficulty knowing when and how to turn down assignments, cases, and clients when they are already at maximum work capacity. Saying “Yes” to everything is common for young lawyers because they are likely excited to practice and use the legal knowledge gained during law school and because they are often assigned work. Professional responsibility courses usually provide a snapshot of how an attorney should manage caseloads, mental health, and potential clients, but because you probably threw away your course notes, this article may refresh your memory to address conflicts of interest, identify unreasonable expectations, and consider ethical concerns.
One common reason to decline the representation of a client is when a conflict of interest exists. Conflicts can pop up in many forms: personal relationships with a party, possessing a financial interest in a case or transaction, or even prior representation of a client with adverse interests to a potential new client. Identifying these conflicts requires diligence. To assume a potential client will identify a conflict of interest for you is not a reasonable assumption because their priority is to seek your representation, and they are likely not familiar with the ethical rules.
There may also be times when the conflict is not necessarily strictly ethical—the conflict can be a personal one. Occasionally, a potential client’s personal history or connection may pose a conflict for you as their attorney. It is essential to evaluate whether your personal biases could impede your ability to represent them impartially.
An unmanageable or overwhelming workload is a compelling reason to decline representation of a potential client. Providing subpar legal representation does not help the potential client or your reputation. A sign of a good lawyer is one who effectively manages their time and workload. Saying “no” is a big part of effective time, workload, and case management, and effectively balancing multiple clients and cases is a fundamental skill for attorneys. However, there is a limit to what one can manage without sacrificing quality or risking ethical violations. Thoughtfully assessing your workload and declining cases when necessary is crucial to ensuring you can deliver your best for current and future clients.
Part of the recipe for effectiveness is managing client expectations. Some clients may harbor unrealistic beliefs regarding their case’s outcome, the timeline, or associated costs. When it becomes evident that these expectations diverge significantly from reality, it is best judgment to decline the client rather than setting them up for unreached expectations and potentially damaging your personal and professional reputation. This highlights the importance of excellent communication as an attorney. When the potential client and attorney have similar expectations on the outcome of a case or legal issue, both parties can be reassured of a favorable outcome because transparency and trust exist in the attorney-client relationship.
While identifying problematic clients upfront isn’t always straightforward, disregarding red flags is ill-advised. Clients who consistently display uncooperative behavior, disrespect, or unethical conduct can create a toxic environment for the duration of an attorney-client relationship. In such scenarios, declining their case may be in the best interest of all parties involved.
Recognizing when a case falls beyond your area of expertise is essential. Accepting a case in an unfamiliar practice area can result in subpar representation and potential harm to the client’s interests. In such instances, referring them to a colleague with the necessary expertise is often the wiser choice.
While we aim to assist those in need, maintaining the financial stability of our practices is also essential. If a client is unable or unwilling to meet the appropriate fees for our services, it may be preferable to decline the case or explore alternative fee arrangements that align with both parties’ needs.
Lawyers aim to deliver outstanding results for their clients at every opportunity. Each day presents lawyers with a spectrum of cases and potential clients seeking their expertise. While the temptation to accept every client is strong, there are occasions when declining legal representation is a necessity, as explained above. The decision to decline a client is never easy, but it is an integral aspect of upholding ethical standards and delivering high-quality legal services. As attorneys, we bear a responsibility not only to our clients but also to the legal profession. Mastering the art of saying “no” equips us to serve our clients better, safeguard our reputations, and preserve the integrity of the legal system.
