Back In The Race: Referring Bad Potential Clients To Colleagues Can Jeopardize Your Reputation
Three recommendations on what to do when you encounter a potentially troublesome client.
When I cannot take a potential client’s case, I refer them out without a second thought. But once in a while, I have the displeasure of talking to a potential client who raises so many red flags that I am hesitant to refer them out to people I respect.
In my case, when someone personally refers a potential client to me, I tend to treat them better than someone who found me randomly. I like to think that other lawyers do the same. Sometimes, it turns out that I cannot help the potential client and we part ways with no hard feelings. But there are those potential clients who are so personally repugnant that I wonder if the referral source had any respect for me. Especially if he does this repeatedly and knowingly.
With this in mind, one should be careful about referring out troublesome potential clients to your colleagues as it can jeopardize your reputation. I want to share my recommendations on what to do when you encounter someone like this. I do one of three things.
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One is, I tell them that I don’t know anyone who can help him and suggest that he search on the internet or the local phone directory.
Or I may ask a lawyer listserv or Facebook group list if they are interested in talking to the potential client. I don’t know many of the members on this list well but I try to be as transparent and detailed about the potential client as possible. This detaches the personal aspect of the referral since you are referring the potential client out to a group of people. I generally don’t disclose red flags on public or even lawyers-only listservs as it may offend certain people.
Finally, if I plan to refer the potential client to someone I personally know and respect, I reach out to them first. I tell her about the conversation we had, and any potential red flags I detected. I then ask her if she is still interested in speaking to the client. If she says yes, then I’ll send an introduction.
One might think that you should refer out a bad client to a colleague you don’t like anyway. Supposedly this is a win-win-win situation. The client gets to speak with a new attorney. The colleague who you can’t stand will think you are a referral source. And you might think this is a way to mend the relationship. I’ve never done this before but I would guess that this rarely works because the phoniness is obvious. Most likely this tactic will backfire as the colleague may refer you bad clients in return or do other things to make your life miserable.
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Conversely, I’ll share what I do when a bad client is referred to me. My reaction depends on the type of person who sends it. If the referral came from a non-lawyer or from a colleague who practices a different specialty, then I tend to be forgiving. This is because they do not understand my work and I am grateful that they thought of me.
On the other hand, if the referral came from someone who does the same thing I do, then I get suspicious. Why did he turn down a paying client? Yes, I am aware that some lawyers say they are just too busy to take on additional work, but sometimes this is just a cover for not wanting the client. Most solo and small-firm attorneys will make time to do the work. With the proliferation of contract lawyers and legal assistants, the grunt work can be outsourced fairly easily. There are only two times a potential client is turned down. One is because of a conflict of interest. The second is that the client is incompatible with any lawyer.
I then look at who sent the referral. Is it someone I respect? Or is it from a frenemy – someone who I will shake hands with in public but wash my hands with the strongest soap immediately afterwards?
In just about every case, I express my gratitude for the referral. But I do remember those who send me bad clients and I may end up returning the favor.
So be careful when you refer a bad potential client. This doesn’t mean that you have to go out of your way to screen every potential client before referring them out. But experienced lawyers should know fairly quickly if a potential client gives them bad vibes. If you get a reputation for knowingly referring out bad clients, expect your colleagues to return the favor.
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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 [email protected] and via Twitter: @ShanonAchimalbe.
