The Attorney – Client Relationship 101: Helpful Reminders Before, During and After Representation

Navigating the attorney-client relationship can be like a carefully choreographed dance – requiring precision, awareness, and mutual respect to achieve harmony. Even for the most seasoned practitioners, this fundamental professional relationship can present unexpected challenges that might escalate into costly disputes, reputational damage, or ethics violations. As legal landscapes evolve and client expectations shift, revisiting the foundational principles of managing client relationships becomes not just prudent, but essential for maintaining a thriving practice.

This guide offers practical reminders for effectively managing the attorney-client relationship throughout its lifecycle – from initial consultation to final billing – helping you establish clear boundaries, foster productive partnerships, and protect yourself from potential pitfalls. While the existence, terms, and scope of an attorney-client relationship are in many cases straightforward and mutually understood, miscommunications between the attorney and client can lead to unintended and unfortunate consequences such as fee disputes, lawsuits, or ethics complaints. Below are some basic tips for attorneys to navigate the attorney-client relationship before, during, and after representation.

Before Representation

Exercise selective client acceptance. You aren’t obligated to accept every potential client. Some clients may create more problems than they’re worth. Watch for red flags including complaints about rates or unrealistic expectations from the outset. Consider whether the representation justifies potential disputes.

Avoid implied representation. If you decide not to accept a client or case, communicate this promptly and clearly. Ensure the potential client understands they need to consult another lawyer about their rights, especially when statute of limitations issues exist or when the potential client might forfeit rights by delaying consultation with other counsel.

Document the scope and terms of representation. Engagement letters are required under the rules of professional conduct. With limited exceptions, you must provide a written fee agreement that clearly describes the representation’s scope. Specify who the client is and, if different, who will be responsible for payment. Having the client countersign the letter provides additional protection.

During Representation

Set realistic expectations and don’t overpromise. Avoid promising specific outcomes and exercise caution when providing cost estimates, particularly for litigation. Unless you’ve agreed to a flat fee arrangement, ensure clients understand that budgets may change due to unpredictable factors. Promptly communicate developments that affect previous estimates.

Involve clients in significant decisions. While some clients may prefer minimal involvement in routine matters, always engage them in important decisions such as settlement offers, alternative dispute resolution options, venue selection, jury requests, and strategic choices that could significantly impact the case budget. Provide your best advice on the client’s options but allow clients to make the ultimate informed decisions.

Avoid or disclose conflicts of interest. Beyond the obvious prohibition against representing clients with materially adverse interests, conflicts may emerge during representation, particularly when representing multiple clients simultaneously. Provide written notice of potential conflicts at the outset and clarify that you may need to withdraw from representing one or all clients should an actual conflict arise.

Approach withdrawal carefully.  At some point during the representation, withdrawal may become necessary due to non-payment of legal fees or a breakdown in the attorney-client relationship. In litigation, court permission may be required and could potentially be denied if withdrawal would prejudice the client. If possible, try to ensure the client has alternative counsel ready to enter an appearance when you seek to withdraw.

After Representation

Send a disengagement letter or email. Though not mandated by the rules of professional conduct, a letter or email marking the conclusion of the attorney-client relationship is good practice. This communication clarifies that the client will need to re-engage you for any continuing advice on the matter.

Honor continuing obligations. Despite the relationship’s termination, your duty of confidentiality continues. You must also provide clients their file upon request or maintain it for at least the required period of years depending on the circumstances and jurisdiction (for example, five years under American Bar Association Model Rule 1.15, six years under Massachusetts R. Prof. Conduct 1.15A – please check your local rules).

Think carefully before suing a client for fees. When clients fail to pay despite your diligent and competent service, carefully weigh the implications before initiating fee litigation. Consider the possibility – warranted or not – of facing a malpractice counterclaim. Arbitration or mediation of fees disputes may be a better option.

Conclusion

These guidelines are not exhaustive. Always consult your jurisdiction’s Rules of Professional Conduct for detailed guidance on specific rules governing lawyer conduct. While adhering to these tips can help you avoid unnecessary complications and disputes with your clients, you should consult with local professional liability counsel in your jurisdiction