Back In The Race: When A Potential Client Asks This One Question First, Be Careful

When the potential client asks this question first, before discussing anything else, you can assume a few things.

resume girlWhenever a potential client contacts me, I have a quick chat to see if he and I will be a good fit. But I get wary when the first question the potential client asks is, “How much do you charge?”

When the potential client asks this question first, before discussing anything else, this makes me assume a few things about this person. First, this person probably knows little to nothing about me. I’m just a name he saw on the internet. Second, this person cares only about price. There’s nothing wrong with that, but I fear that in the future, most of our discussions will be focused on spending the least amount of money as possible, which can sometimes negatively affect their case. Finally, I get the feeling that this person or someone he knows got burned by an attorney in the past and may be apprehensive. Or all of the above.

Now a potential client has every right to ask about your fees and negotiate. I also have the right to tell them take their proposed fee and shove it where the sun doesn’t shine. Not in those words, of course. I also realize that people bargain extensively because that’s how things are done in their culture. Or they may be testing my aggressiveness.

Obviously, I don’t like potential clients who are unreasonably demanding when it comes to my fees, especially if they want to hire me on a payment-plan basis. These people are also more likely to dispute fees with ludicrous arguments or throw a tantrum if you tell them that your retainer needs to be replaced. Remember Foonberg’s Rule: Cash Up Front. If the client won’t pay you at the beginning of the case, he likely won’t pay you at the end of the case.

But at the same time, you don’t want the potential client to walk away. It is quite possible that the potential client will be less defensive once the relationship develops and he begins to trust you.

The first thing I do is try to develop a rapport with the goal of reducing his defensiveness. I do this simply by asking the potential client to tell me his story and find out what his problems are. After all, I can’t give an accurate fee if I don’t know what I’m getting myself into. Then I try to find some common ground, share similar experiences, and try to get a few laughs. If the client curses, then I throw out a curse word (or seven) as well. Sometimes swearing can help you connect with people.

If that doesn’t work, just tell them the fee. If you can’t give an exact fee, give a range, an estimate, or a payment schedule. If the potential client tries to bargain, I typically ask for the full bargained amount upfront. That is the price they pay for a bargained-for fee. If the relationship does not improve as time goes on, this is the last time you will see money from this person ever again, so get everything while you can.

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Finally, if the potential client makes you feel apprehensive or threatened in any way, don’t take him. It’s not worth it. I’m likely going to get flak from opposing counsel, and so I do not need to be piled on by my own client as well. This has been said by almost every practicing attorney, but I know this is something new lawyers will not understand. Or they’ll take them anyway because of student loans. That’s ok. These are things that some newbies have to learn the hard way. When the lousy client eventually burns them, that burn will sear into their psyche, which might keep them from making that mistake again. Maybe.

Thanks to my generous ATL columnist salary and retirement plan, I can turn away potential clients who are unreasonably fixated on fees. On occasion I wonder who these people end up hiring. Sometimes they call me back and we work something out. Or they might hire someone else and if that’s the case, then I wish them well. And others are moochers in disguise and do not end up hiring an attorney. I wish these people well too. Every attorney should strive to provide value to their clients and hold up their end of the bargain. But if the potential client cares more about reducing fees than solving their problem, then they tend to get what they pay for.


Shannon Achimalbe was a former solo practitioner for five years before deciding to sell out and get back on the corporate ladder. Shannon can be reached by email at sachimalbe@excite.com and via Twitter: @ShanonAchimalbe.

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