Thirteen Red Flags for Spotting Problem Clients
Every attorney who has practiced for any meaningful amount of time has taken on a client they subsequently did not want. Those regrettable clients can come in a number of forms: a client who would never be happy, a client who wasted their time, a client who filed an ARDC complaint, a malpractice complaint, or a negative Google review.
The purpose of this article is to provide a list of “red flags:” the phrases that problematic or regrettable clients say or make reference to in initial consultations, so that they can be spotted early and encouraged to find counsel more suited to their disposition. If a client exhibits any of the following, it might be wise to question the wisdom of allowing them to hire you:
1) The client informs you that they have fired or been discharged by more than one prior counsel.
If a prospective client has had more than one attorney, and both attorneys and the prospective client parted ways for some reason other than those attorney’s death, disbarment, or retirement, then it is highly likely that prospective client either didn’t pay those prior attorneys, didn’t communicate with those prior attorneys, or didn’t have realistic expectations for those prior attorneys. It probably wasn’t those lawyers who were the problem, it was probably the client. You will not magically fix these issues.
Further, if the client has already parted ways with two prior attorneys, they already do not trust lawyers. They will question every decision you make, and generally make your experience with them a miserable one.
2) The client complains about prior counsel, makes references to the ARDC, or references malpractice liability.
Prospective Clients who complain about their prior counsel should also be avoided. If the Client complains about their prior counsel, it is I to think that the client will not complain about you. Further, much like the client with multiple prior attorneys, this client is predisposed not to trust their attorney. This is doubly the case if the client has explored referring prior counsel to the ARDC or filing a malpractice claim. Thinking you would be immune to such treatment is I.
This red flag does not apply if the attorney the clients are complaining about is known to be either unethical, incompetent, or dilatory. If the prospective client is complaining about an attorney dragging their feet, and your experience is that the attorney in question drags their feet, then maybe that’s an issue you can address.
3) The client says, “I need to ask a lawyer a question.”
The important thing to recognize here is that a person who says this is not actually a prospective client. This is someone who wants to waste a few minutes of your time, create a potential conflict of interest, and act annoyed when you fail to provide cogent legal analysis that is precisely tailored to the labyrinthian legal maze that likely exists only in their imagination. They also will not hesitate to debate with you if you do not give them the answer they have already looked up on the internet. These people will not hire you, today or likely ever. Do not waste your time on them.
4) The client says, “I’m looking for a second opinion.”
This person has heard advice that they didn’t like, and they are going to try to reshape their narrative so that they can get the answer they want this time. They may have admitted to lying to the Court, they may have admitted to engaging in fraud; you don’t know, and you probably don’t want to know.
A client who wants a second opinion is generally not a client you want. The only exception to this is a client who received their previous advice from someone whose legal opinion you do not respect.
5) The client tells you “This is an emergency./The hearing is tomorrow.”
The client who shows up in your office with an ‘emergency’ should be treated with suspicion, particularly when the emergency is foreseeable. A client who tells you that ‘the hearing is tomorrow’ is really telling you that they waited until the day before the hearing to come and speak to you. Court hearings are typically scheduled some time in advance, which means the client had ample time to secure counsel and chose not to. This is not a client who values your time or your services.
6) The client says, “I want a lawyer who will fight for me.”
The client who says “I want you to fight for me” generally isn’t asking for zealous advocacy; they are more often asking you to be unprofessional and obnoxious. Being unprofessional and obnoxious is seldom in your interest or that of your client.
7) The client says, “They don’t even want the kids; they’re just trying to hurt me.”
A client who says things like this either lacks empathy or possesses narcissism; it may well be both. While it is possible that the opposing party actually feels this way, it is more likely that the prospective client has formed a cartoonish avatar of the opposing party, who often exists only in their mind. Because of this delusion, they will only accept total victory. Total victories are seldom available in family proceedings.
8) The client claims “I represented myself and did just fine.”
This person thinks they are smarter than you, can do your job better than you, or simply do not value the services you provide. Their interactions with you will reflect that, particularly when the bill shows up. Also, they are unlikely to have done just fine; they simply do not realize the litany of mistakes they made.
9) The client tells you “They’re all working against me.”
It is possible that there is a vast conspiracy of judges, GALs, lawyers, DCFS workers, police officers, and court staff who are all risking their professional integrity to collectively do a number on your prospective client. It is also possible that your client is petulant, self-defeating, and views the world through a wholly unrealistic lens. The latter is significantly more likely than the former.
10) The client says, “I want 50/50 parenting time.”
We will begin by acknowledging that this statement is so vague and nebulous as to be almost meaningless: 50/50 parenting time could mean handing over the kids every other day, every other week, or every other month. It could mean an alternating 2-2-3 schedule; it could mean any number of things. However, a client typically doesn’t want anything this specific. They’re telling you they don’t want to pay child support.
11) The client says, “I don’t care how much it costs.”
First off, this is usually a lie. It is possible that somebody else is paying the bill or that they have a gargantuan pile of funds that they do not mind sharing with you. More often, it is either that they don’t actually mean this or that they have no intention of paying for your services.
Second, this phrase indicates a client who will be satisfied with nothing less than total victory. It suggests a client who has unrealistic expectations. You are an attorney; you are not a magician. No amount of attorney’s fees will cause you to create a controversy where none exists. If the prospective client expects this of you, move on.
12) The client tells you “It’s the principle of the thing.”
Usually, when a client says something like this, they really just want to punish the other side. The “principle” they are referring to is that their previously beloved deserves the wrath of the universe because they violated the client’s moral code, and the client now expects their attorney to embody said wrath. When punishing the other side does not heal the hurt they feel, they will find someone else to blame. That person is often their lawyer.
13) The client says, “The judge doesn’t like me.”
There’s probably a reason for that. Proceed accordingly.
Conclusion
I don’t think any one of these factors is, in itself, a disqualifier for a client—I will not go so far as to say that a client who utters any one of these phrases should cause you to refuse to engage with them (other than those people who just want to ask a lawyer a question; avoid them like the plague). What these red flags should do is cause you to consider whether the way you practice law is compatible with the expectations of your prospective client. The client is unlikely to modify their expectations, and you are unlikely to change the manner in which you practice. If the two are contradictory, end the relationship before it begins.
Thanks to those who were kind enough to edit this list: Kristina Benson, Aaron Emery, Christine Madden, and Casey Williams.
This article was originally published in Family Law (January 2025, Vol. 68, No. 6), the newsletter of ISBA’s Section on Family Law.