Small Law Firms

9 Ways To Lose Clients

Columnist Gary J. Ross explains how NOT to treat the client.

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Given how skilled we all are, it’s easy to get overwhelmed with clients. Before you know it, you may find yourself stretched so thin you could be served on a wafer.  (With more time, I probably could have come up with something so much better than “served on a wafer.”) You have a few options: you could be honest with your clients, and explain that you are afraid that, for whatever reason, you now have too many clients to ensure a satisfactory level of service, and that you have to let a few clients go.

Or perhaps you’d rather they be the one to end the relationship. I’m sure we all know folks—you may have even dated a few yourself—who when they lose interest in a relationship don’t just break up with the other person. They simply start behaving in ways that encourage the other person to break up with them. If you’d rather handle the too-many-clients problem that way, this is the list for you.

  • No Communication.  Go silent. Ghost like Theron. Clients expect a certain level of communication from their attorney: not just responding to their emails and phone calls, but actually sending clients emails and calling the client. So don’t do either, and don’t be responsive to any of their queries, and if they happen to get you on the phone for some reason, tell them you can’t respond now but will and then don’t. This is the primary way lawyers lose clients, and I’m sure it will work for you as well. Clients know you’re busy, but they also know you’re doing something for someone. Just not them.
  • Talk bad about your client. It doesn’t have to be to their face or even on purpose. Things have a way of seeping out. Maybe it’s an offhand comment from an admin repeating a comment you’ve made many times, not realizing the client (or a friend of the client’s) is within earshot. Maybe it’s muttering “what a tool” under your breath during the nano-second between the conclusion of a call and the phone hitting the cradle. However it gets back to the client, once it does there’s a good possibility you might have successfully shedded that client.
  • Let Clients Steer the Ship. Letting the client do everything—even if he or she wants to—is a surefire way to eventually lose the client. If you let your client take the lead on researching issues and drafting documents, a few things will start happening. One, obviously, the client will start to wonder why she engaged you in the first place (though if it’s a corporation, she may not have a choice). Second, pretty soon the client will start believing she knows the issue better than you do, and every time you want to move a comma (or—heaven forbid—draft a document yourself), it will be a battle royale. And on the flip side, you could also…
  • Never listen or consider the client’s input. If you imply none of the client’s suggestions will ever be helpful, she’ll start to feel marginalized in her own matter. One of my contacts was embroiled in a messy litigation a few years ago, and fired two attorneys in a row because they didn’t agree with this theory of the case. Finally he decided to defend himself, which was rather brave given how complex the case was (he’s not a lawyer). But at trial, he was the only one of a multitude of defendants that was found not liable. Turned out the judge agreed with him, even if the other lawyers had not. Sometimes clients do know a thing or two. If you don’t listen to them, you may be out the door before you know it.
  • Make the client feel inferior to your other clients. Some attorneys try to demonstrate to their clients how great they are by continually talking about their other “big name” clients. Yet often this will leave a client thinking, “What about me?” So if you’re trying to lose a client, keep telling them about your other clients. And if by any chance you don’t want to lose a particular client, it’s best to immediately follow any mention of another client by saying, “but I like working with you all much better than them because you are [cooler/smarter/better-looking].”
  • Irregular billing. Start sending clients bills at odd times—such as random Friday nights at 2 a.m.—and demand immediate payment. Offer discounts off the bill in exchange for cash being delivered immediately to you in a seedy nightclub across the tracks. The client will appreciate the discounts, but might start thinking there are more stable options out there.
  • Ask your client on a date. I actually don’t know anyone who’s ever done this. But I imagine if you were to ask out your client, get refused, and then send her a bill for the phone call, she would find other counsel.
  • Pass off the client to your associates. Give the client the impression your associates are doing 100% of the work, even though the billing is much closer to 50/50. If you’re pursuing this strategy, every interaction the client has should be with an associate, and on conference calls you should continually defer to your associates and also project a general sense of unfamiliarity with the client’s matter. It shouldn’t take long.
  • Excuses. Another good way to get rid of clients is to always be full of excuses. Never take the blame for anything. They didn’t tell me this, they didn’t tell me that. And if you want to get rid of a client really quickly, blame her. You didn’t tell me this, you didn’t tell me that. That’ll do it.

It’s important to keep your list of clients manageable, and to prune when necessary. With the tips above, you can pare down that client list in no time!

Gary J. Ross opened his own practice, Jackson Ross PLLC, in 2013 after several years in Biglaw and the federal government. Gary handles corporate and compliance matters for investment funds, small businesses, and non-profits, occasionally dabbling in litigation. You can reach Gary by email at [email protected].

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