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I have my boss examine the case for litigation and he tells me when it’s not a good candidate so then I tell the client we won’t litigate the case and he will be released with an attorneys lien. But it’s rare that my boss agrees we shouldn’t litigate a case so I’m usually stuck trying to make as much as possible for a crap client with a boo-boo
I’m a lit attorney so it gets flipped over to me if the statute is coming up or it just can’t settle. But I like the idea of telling a client it’s just not a good candidate for lit and not just immediately filing.
Rising Star
I tell them straight up how much merit I think their case has and how much liability I think their case has to work with. If they’re completely unreasonable, I let them know they can work with another firm and if I’ve spent a lot of time and/or money on it, I’ll place a lien.
A difficult client will only continue to be difficult and the case won’t magically become more worth it; you gotta set clear boundaries with them and stick with it.
Don’t take that case to begin with.
It’s only headaches and clients fail to understand why their legitimate pain can’t be compensated.
Bowl Leader
This is easier said than done, but I agree
Hire a retired judge as a mediator. Maybe they can talk some sense into them?
Write a letter laying out all the issues/risks with the case and the potential results, and that despite these issues, client wants to proceed to trial. Have the client sign it. They’ll feel intimated and will listen to you after that.
Tell them what they will net with current offer and let them know that the only chance you have to relate it is to hire an independent doctor whose opinions you cannot predict. Tell them that if they wish to take the offer you will setup the IME and if the opinions are unfavorable you will walk unless they take the current offer and it will reduce their net recovery by $2k-$3k. I’ve been pleasantly surprised following such IMEs. I tell clients if you believe in your case that much then put your money where your mouth is and I will too. I also echo the “this letter will confirm you are choosing to proceed to trial and reject current offer which is contrary to my legal advice based on my analysis of the facts and the law. Please sign here to confirm.” Approach. Some clients get mad. I tell them “I will take your case forward with you rejecting my advice but we are going to have it be crystal clear what I advised you to do in the event it backfires”
Rising Star
Clients put on a real tough act and front until the trial becomes real to them. I’ve done mock cross examinations with them and that will sometimes scare them enough into settling. I also ask them if they’re prepared to walk away with nothing with a real serious, stone face and that also helps
You tell them the truth, remind them they hired you for your knowledge and expertise, tell them you’re not going to sue their case and why, and tell them to go get a second opinion or get a new lawyer. 90% of the time that works, they come crawling back, and the case settles.
I have been practicing personal injury law for over 20 years and I've had a handful of clients who just wouldn't settle, period. I think most importantly, you need to have rapport with your clients and if you do, MOST of them will heed your advice. Also, manage their expectations early on by advising them on the policy limit when you get it, on an MRI report that shows degeneration, etc. If you have any other questions, I'd be happy to help, here's our website: www.RosenbergFirm.com