Nobody likes a lawyer until you need one. Then you love them, until you don’t. –Matthew Thompson
Clients hate lawyers for many reasons, but most commonly it is due to the following;
Poor Communication. Communication between lawyers and clients is the #1 complaint. Both, lawyers and clients, are busy. Sometimes its hard to communicate effectively and in a timely manner. This goes both ways and each needs to try to be responsive.
Poor Advice. Just because they are a lawyer does not mean they know everything. Sometimes lawyers get it wrong.
Don’t Do What They Say They Will. Procrastination or not capable of doing what needs to be done, when it needs to be done.
Charging for Everything. Every call, text, email and message, office appointment, and even when they are just thinking about your case.
Misleading About the Total Charges. This is why I hate billable hours. It’s almost always more than “you” think.
Hard Advice. This is different than poor advice. Hard advice is telling you what yo don’t want to hear, but need to hear. Sometimes lawyers are the messenger that gets shot (figuratively speaking, I hope).
Up next? Why Lawyers Hate Clients! Stay tuned.
Matthew Thompson is a Family Law Attorney in Mississippi and tries not to do things to be hated, at least by his own clients…
Contempt is the willful refusal to follow or abide by a valid Court Order.
Contempt is what the Court finds when you 1) do NOT DO what you have been Ordered to do, or when you 2) do what you have been Ordered NOT to DO.
The most common finding of Contempt is failure to pay child support. A willful failure to pay child support usually leads to a finding of Contempt and if repeated can lead to very bad results. It is the most common contempt ground leading to incarceration. A finding of contempt can result in fines, the payment of the other side’s fees and possibly incarceration.
However, you can be in Contempt of any valid Court Order if you do not follow it. This can include violating a No Contact Order– meaning you are to not have contact or communications with a certain person and if you do you may be held in contempt.
So you can be held in contempt for NOT doing what you should, ie: pay support or for doing what you should NOT, ie: contacting a person you are barred from contacting.
So, what do you do when there is a valid Court Order? Follow it to the letter.
What happens if you don’t? Well, you better bring your toothbrush…
Matthew Thompson is a Child Custody Lawyer in Mississippi and reminds you to NOT do things that can lead to your incarceration.
Attorney fees are always a big topic in family law. Nobody wants to pay ’em, but everyone wants to get ’em, including attorneys!
Stuart Miles/ freedigitalphotos.net
In Mississippi, the standard to recover attorney fees is based upon the client’s ability to pay. If the client has the ability to pay attorney fees they will NOT recover attorney fees in the typical divorce. Upon a showing of inability to pay a client may recover reasonable attorney fees. This holds true even if they are the client “at fault.” What? Yes. It’s about the ability to pay, nothing else, usually.
If a client can demonstrate an inability to pay, the Court conducts an analysis of the “McKee Factors” to determine the reasonableness of the attorney fees. McKee v. McKee, 418 So.2d 764, 767 (Miss. 1982), lists the following factors that the Court considers before an award of attorney fees is made.
Parties’ relative financial ability
Skill and standing of the attorney
Novelty and difficulty of the issues
Degree of responsibility involved in management of the case
Time and labor
Usual and customary charge in the community
Preclusion of other employment as a result of accepting the case
The client and client’s attorney would both testify regarding these factors, the attorney more so. This is one of the few instances where an attorney is allowed to represent a party and be a “witness” in the same matter. After the Court has determined inability to pay, the Court looks as the above factors and the evidence/testimony offered regarding McKee and makes a determination regarding attorney fees. The Court has broad discretion in awarding attorney fees and the award is routinely less than the actual amount paid or owed.
Additionally, the standard is different for contempt, fraud instances and if a party’s actions caused the fees to be higher unreasonably. In contempt the Court may award fees upon a finding of contempt and the Court can sanction a party for misconduct, including an award of attorney fees against the wrongdoer.
So will you recover your attorney fees? You might, but then again you might not and if you do you may not get what you actually paid, or what you actually owe. Also, most attorneys will have already have been paid, so then, how do you show inability to pay? Promissory notes and loans. Document it if you borrowed the monies and have the lender prepared to testify it’s a legitimate loan, even if it’s your parents.
Lastly, just because you have the present inability to pay does not mean you are guaranteed recovery of fees. If the Court awards you enough assets through your case, you may not recover attorney fees because the Court figures you have enough to pay them now.
Matthew Thompson is a family law attorney in Mississippi and is upfront with his clients about attorney fees, expenses and the likelihood of recovering those fees.
This blog topic was requested by a colleague. This posting is geared toward attorneys on spotting warning signs and/or red flags of potential difficult clients. This can also apply to a variety of business owners to be on the lookout for potential difficult customers.
Difficult clients and difficult cases come with the territory of being a lawyer. The following are some red flags to be aware of, however, these are not necessarily cases or clients to avoid. I have read many other attorney and business guru’s opinions on avoiding certain types of clients/customers. They are time stealers, energy wasters and headaches in the making. In my practice, however, “clients to avoid” have been some of the more gratifying cases for a variety of reasons. Nonetheless, it is always best to know what you are getting into.
Calling/Hiring at the Last Minute. We have all had the call. “I need an attorney for tomorrow!” There’s a trial setting that has been ignored and the client wants you to work miracles. When the trial is tomorrow – red flag.
Multiple Past Attorneys. This client has been through 2 or 3 or more attorneys. This is a huge red flag. The former attorneys either “did not know what he was doing” or “was on the take” or both. (Sometimes there is a former attorney “no longer willing to do anything” because the potential client owes them a lot of money.)
5 Boxes on the First Visit. It takes 3 trips to get everything upstairs from car. Every possible shred of paper has been kept, not necessarily in an organized manner, but…”I know it’s in there somewhere.”
No Call/No Show for an Appointment. After accommodating someone’s work schedule, staying late to meet them and they do not show, did not call, and did not answer when you tried to call them, it could be a sign of the future.
When it’s Just Too Hard. You know the client. Having to convince them you are honest and on the up and up, having to justify every minute spent speaking to them and/or working on their case. I charge a fee for my initial assessments with clients. I do this because I provide valuable information, answer questions, provide them with a specific plan of action and it creates a “future conflict” upon the meeting taking place. When I have to go to great lengths to justify a fee because so and so will see them for free for a “consultation,” I tell them to go see so and so.
When There is Animosity at the Outset. Along the lines of being Just Too Hard, is when you just don’t click. Sometimes we have to give hard advice. Sometimes we tell people what they do not want to hear. Sometimes they attack the messenger.
Interviewing Multiple Attorneys. This one is seemingly innocuous. It differs from the multiple past attorneys above because the potential client never actually hired the interviewees. This is the classic “Conflict the Attorney Out,” scheme. People do it. Be aware.
Super Emotional. Family law is always difficult and is always emotional. However, sometimes the hurt and emotional pain of a case are too much for the client to deal with AND litigation and all of the rigors that requires at the same time. Recognize this to better serve your clients.
No Pay or Slow Pay. The check is in the mail, can you hold the check until ___?, or the check bounced. As Professor Jeffrey Jackson* at Mississippi College School of Law is known to say, “I can worry about your case or the money you owe me, but not both.” It is fair to ask the potential client about their income, available resources and intentions to pay the necessary fees. *(As an aside, Professor Jackson was named to National Jurist’s 23 Law Professors to Take Before you Die.)
These are just a few red flags that a potential client could be difficult, but in my opinion any one of these can occur due to the circumstances of a particular situation and should not disqualify representation. If all signs are present in your next new client consultation, tell them to go hire so and so.
Matthew is a family law attorney and is not scared to take on a red flag representation, well, except the ones that don’t pay.
(601) 850-8000 - - BowTieLawyer.MS 
