All attorneys in practice have at least that one story. A difficult client who would not listen to the advice provided, they required constant attention, they continued to appear and disappear, or presented other challenges that complicated the attorney-client relationship, making the attorney, at times, question their life choices. Even when dealing with unreasonable and difficult clients, attorneys must continue to handle these situations with poise, balancing professionalism, communication, and adherence to Michigan’s ethical and legal standards. This is sometimes easier said than done.

At the forefront, we must understand the attorney-client relationship. The foundation of the attorney-client relationship is based on trust and mutual respect. We are bound by Michigan Court Rules and the Michigan Rules of Professional Conduct, each of which set forth an attorney’s legal obligations while maintaining their duties and obligations owed to their clients. At times, these can conflict, and the attorney must determine how to navigate the rocky terrain, especially while attempting to represent a client that is not easy to work with. So, how can an attorney manage these difficult situations?

RECOGNIZING DIFFICULT CLIENTS

While experiences with a difficult client may vary, there are some common traits:

• Unrealistic Expectations: Clients who expect immediate results or believe that they can control the outcome of a case despite the realities of the legal process.
• Non-Cooperation: Clients who fail to provide necessary documentation, miss appointments, or disregard attorney advice.
• Disrespect or Abuse: Clients who engage in disrespectful, rude, or abusive behavior toward their attorney or the legal team.
• Failure to Pay: Clients who are habitually late with payments or refuse to pay their legal fees altogether.
• Excessive Demands: Clients who make unreasonable demands, frequently change their minds, or constantly contact the attorney without cause.
• Arrogance: Clients who believe they possess all legal knowledge and refuse to accept advice or those that rely on technology and continuously debate the advice provided.

STEPS TO EFFECTIVELY MANAGE DIFFICULT CLIENTS

Being proactive is the key to managing challenging or difficult clients. The initial consultation is an opportunity to establish the parameters of the attorney-client relationship. During this phase, the attorney should:

• Clearly explain the legal process and the likely timeline of the case. Ensure the client understands that while this is the likely timeline of the case, other factors that are outside the attorney’s control may lengthen the process.
• Outline the attorney’s role, the client’s responsibilities, and the expected level of communication. This portion is an excellent opportunity to set boundaries at the front end of the relationship.
• Provide a written fee agreement that clearly states the scope of the representation, fees, and payment terms, including, but not limited to, the cost of each type of communication.
• Discuss any potential issues that may arise during the course of representation but re-emphasize that other factors outside the attorney’s control may also arise, but those will be communicated to the client.

By addressing expectations at the beginning of the representation, attorneys can avoid many common misunderstandings that may lead to difficult situations down the road.

LINES OF COMMUNICATION OPEN

Clents often complain that a large source of conflict between attorneys and clients arise from poor communication. MRPC 1.4 provides that attorneys have an ethical obligation to keep clients reasonably informed about the status of their case and to promptly reply with reasonable requests for information to ensure the client may make informed decisions regarding the representation. Regular updates, even brief, and even when there is no new information, can help build trust, minimize frustration, and establish reasonable boundaries regarding communication. Attorneys should:

• Respond to client inquiries in a timely and professional manner.
• Be clear about what the client can expect and how long certain actions may take.
• Use written communication, especially when discussing important matters, to avoid misunderstandings and, if found necessary, follow up in writing to summarize a verbal discussion.

At the onset of the representation, it is also imperative to provide the client with an understanding that while technology may be used to form opinions or receive advice, it should never be taken as conclusory advice. Any information found should be relayed to the attorney and not acted upon so that the attorney and client may have an open conversation with each other to review the information and determine whether it really meets the needs of the client’s case. The attorney should relay that the client has hired the attorney to represent their interests and there needs to be a building of trust between attorney and client to maintain a strong attorney-client relationship.

DOCUMENT EVERYTHING

As attorneys, we instinctively want to document everything. This is second nature. However, this becomes even more important when dealing with a difficult client. Documenting everything protects attorneys by keeping records of meetings, emails, phone calls, and any other forms of communication. If unreasonable demands are made or there is a presence of unprofessional conduct, documentation can provide critical evidence should a dispute arise.

SET BOUNDARIES AND BE FIRM

Clear boundaries need to be set from the outset and continue to be maintained throughout the representation while maintaining professionalism. For example, if a client becomes verbally abusive, the attorney should inform the client that the exhibited behavior is unacceptable and outline the consequences of continuing it. The attorney needs to balance assertiveness with respect for the client, but if the situation escalates, it may be necessary for the attorney to withdraw from the representation under MRPC 1.16. However, these decisions should be carefully analyzed and done in accordance with rules.

CONSIDER FEE ARRANGEMENTS AND PAYMENT STRUCTURES

Financial disputes with clients are common. Attorneys can help prevent these issues by discussing fees and expectations of payment upfront. Attorneys should ensure that the client understands the payment schedule and that the client understands that failure to pay may require the attorney to withdraw under MRPC 1.16. To avoid financial issues, attorney should do the following:

• Structure payment plans that are realistic for the client’s financial situation.
• Keep the client informed of outstanding balances and payment deadlines on a regular basis.
• Consider requiring a retainer in advance, especially for complex or high-cost cases.

DISRESPECT OR ABUSE

Sometimes difficult clients can become aggressive, whether due to stress, frustration, or anger. An attorney must remain calm and composed in the face of verbal hostility, insults, or unreasonable demands. Losing one’s temper or responding emotionally can escalate the situation and undermine the attorney’s professional credibility. It is key to remember the following:

• Don't take it personally. Recognize the client’s behavior may be driven by their personal circumstances, not the attorney’s competence as a lawyer.
• Stay focused on the facts. If the client becomes emotional or confrontational, calmly steer the conversation back to the facts of the case. Stick to the legal issues rather than getting caught up in personal attacks.
• Know when to de-escalate. If the situation becomes too heated, suggest pausing the conversation and rescheduling. This gives both parties time to cool down and reflect.

By maintaining professionalism and avoiding escalation, the attorney can help keep the focus on the case rather than on interpersonal conflict. The attorney needs to also recognize that in some cases, a client may be so difficult or unreasonable that continuing to represent them could compromise the attorney’s integrity or violate their professional ethical standards. This is a difficult decision but sometimes a necessary one. Before doing so, the attorney should refer to their retainer agreement and ensure that the client is given proper notice and steps are taken to protect their interests, including, but not limited to, informing them of critical deadlines and advising them to find new legal counsel.

CONCLUSION

Dealing with difficult clients is a reality for many attorneys, and while it may be challenging at times, it is important for attorneys to handle these situations with professionalism. By setting clear expectations, maintaining strong communication, documenting interactions, and knowing when to set boundaries or withdraw, attorneys can protect their practice, their client relationships, and their personal wellness. In doing so, they will be better equipped to navigate even the most difficult cases, ensuring that both client and attorney can achieve their respective goals within the bounds of the law.

Attorneys should also remember that, despite the challenges, every difficult client situation is an opportunity to further develop skills in client management, communication, and conflict resolution.