What are some good practice points or tips you can provide to litigators when a client approaches them, insisting that they have a strong, favorable case - despite facts and case precedent that say otherwise? Recently, I’ve had potential clients speak with me about their matters, with some clients stating that they know their case is worth $$$ and/or that they have a winning case. I try to be polite; hear the clients out; and provide the pros and cons. Some, not all, take what I say to heart.

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Tell them, "I charge $825 an hour and need a retainer of $100k to start work."

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How I do it. Unfortunately sometimes they pay it. 🤣🤣🤣 means I didn’t charge high enough.

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Potential clients and clients are two different things.

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I agree with Associate 1. Lay out the reasons you don’t think the case is strong. But say “I’m willing to take your money,” and then lay out how you would attempt to tackle the case. Give them a realistic assessment. But let them decide. Some clients just want to fight whatever their chances because they’re those types of people.

Potential clients it’s whatever, they’re actually doing you a favor by showing you the type of client they would be.

Current clients - you memorialize EVERYTHING. Acknowledging their concerns/input/overview of the matter, why they’re wrong, how they’re wrong, what the facts and law are, what the realistic likelihood/outcomes are, etc.

If they don’t get it after 2-3 times of repeating the same convo about it, then you threaten to withdraw based on conflicting strategies if they continue. And if they do, then you withdraw.

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Thank you. I’m a stickler for documentation and memorializing everything in writing.

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Sounds about right

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