The Fine Art of Saying… No…

by David J Bilinsky

“Na na na na, na na na na, hey hey hey, goodbye”
Words and music by Gary DeCarlo, Dale Frashuer and Paul Leka

At certain times in our careers we all face the decision of whether to take on a certain client – or not. There will be factors pulling us in different directions, some compelling, some less so. There will always be the needs of meeting the next payroll or making the next rent payment or draw… the expectations of our partners to meet billable targets, and not the least of all – our own needs and wants.

However, sometimes those other needs, wants and expectations override our better judgment and we take on a client that we knew that we ought not to have… and then at some point in the file – we realize that we have a problem on our hands.

There are many factors to consider before taking on a new file. Here is a collection of things to think about either before you find yourself taking on that file or when you realize that you have a file on your hands that you wish you hadn’t:

LOOK FORWARD: Don’t take on work that doesn’t meet your business plan or preferred areas of practice because you are afraid of lean times ahead… there are much better reasons to either take on or decline work. Recall that by taking on a file that you don’t want you are using up time that could either be put into marketing yourself for the files that you do want or spent on existing files that will result in referrals from satisfied clients!

SCOPE OF WORK CREEP: Watch for requests that would expand the scope of work – your client will think you are doing the additional work plus the original work for the same quote – leading to potential difficulties down the road in terms of payment of your account and possibly a complaint from the client. Ensure that if the scope of work changes, that you communicate this to your client and confirm – in writing – that the extra work will require an extra payment by way of an adjustment of the fee.

GUT REACTION: Watch out for a client asking you to take on work outside of your capabilities and/or interests. If you feel uncomfortable with the file – in terms of your experience, area of law or other factors – listen to your gut – often times it is a message you should not ignore.

KEEP YOUR GOALS IN MIND: Be careful on taking on work that lies outside of your strategic plan – i.e. outside of your goals or vision for how your practice should evolve. There is an economic cost in terms of taking on work that is outside of your business plan – it takes your attention away from your long-term goals. If this happens one too many times, you will find that you have lost your compass bearing and are now drifting aimlessly on the ocean of “taking in whatever comes in the door.”

THE 2/3 RULE: Ensure that any new file that comes in the door has 2 of the 3 following attributes in order to accept it:

• It involves interesting and challenging matters;
• The clients are people you enjoy; or
• The clients are people who will pay you.

GETTING OUT OF BED TEST: Would you leap out of bed in the morning excited to do this work? If you can’t get excited about the work – it will show in your attitude and your client will pick up on this. You won’t be doing them – or you – any favours.

TAKE YOUR TIME IN SAYING YES: There is no rule that states that you must give the client an answer on the first interview. You control your own boundaries and timetable – and can give yourself the opportunity to “sleep on it” and talk it over with a colleague first – you will thank yourself later.

STRETCH AND GROW (WITHIN LIMITS): It is OK to find work that stretches your capabilities and comfort zones, but only to a point. Recognize when you have a file or client who would be over your head! If it is… think about the file and see if you can find a senior colleague willing to mentor you on it before agreeing to take it on.

DO THE MATH!: Determine which of your clients are high EHR clients (effective hourly rate: i.e. fees collected/hours worked) and – just as importantly – which are not. Now, look at the ranked client list and ask the bottom-most, low-EHR clients to legally and ethically find a new home. Do this annually and you will “prune your client tree” and help it grow upwards.

BE OBJECTIVE: Maintain your professional distance from your client from the outset. Don’t get drawn into their problems – they – and you – will be stronger and better for it.

KNOW THYSELF: This is not a typical client selection question: Does this file or client fit your style and your personality? How will you grow from this client and/or file? By knowing yourself and looking at your potential client objectively, you can determine if this is the type of client and file that will “fit” you and with whom you can have a comfortable sense of working with them and they with you.

WORK AT YOUR CLIENT RELATIONSHIPS – ALL THE TIME: The most important asset you have is your integrity. Do not keep any clients that ask you to compromise your integrity; you are sacrificing a long-term asset for the sake of a short-term gain (resulting in a net loss).

HOW TO SAY NO: There are many ways to decline a file – but perhaps the best is to be honest: “I am sorry but your file doesn’t fall within my desired area of practice. I hope you find a lawyer who has the time to devote to your file that it requires.”

WHAT IF YOU ARE ALREADY IN THE FILE: You have to determine if you can ethically withdraw (see Chapter 10 of the Professional Conduct Handbook). If you can – then call the client in and sit them down and tell them that you believe that their interests would be better served by another lawyer and that you will take all reasonable steps to cooperate with their new lawyer. Be understanding but be firm. Remaining on a troublesome file is not going to do you or your client much good. Better that they find a new lawyer who has a better “fit” and with whom they would be better off working.

Many lawyers have said that it was a big relief the day they asked a problem client to leave. They empowered themselves to take control of their practice and their life, and have realized that they are the master of their own destiny. Just imagine the feeling when you have closed the door on a troublesome client for the last time and have just said to yourself “hey hey hey… goodbye!”

Thanks to the Cowichan Bar Association for providing me with this topic.

David J. Bilinsky is the Practice Management Advisor at the Law Society of B.C. E-mail: daveb@lsbc.org. The views expressed herein are strictly those of the author and may not be shared by the author’s employer, the Law Society of B.C.

This article originally appeared in the February 2007 issue of BarTalk and is reproduced here with permission of both the author and the Canadian Bar Association, British Columbia Branch.