When potential clients reach out to lawyers for the first time, once in a while one of them will want a free consultation or a severe discount on legal fees. Even though the firm’s website does not mention offering free consultations or discounts anywhere, clients ask for it anyway. I used to wonder if these people have any common sense, but I now realize that we as a profession might have brought it upon ourselves when some of us plaster “FREE CONSULTATIONS” on billboards and bus benches. After all, you don’t see doctor’s offices advertising “Free examinations.”
Understandably, people don’t want to pay for a lawyer’s time and advice if they don’t have to. But when pushed for a paid, in-person consultation, potential clients come up with all kinds of excuses for not paying, hoping you’ll show some empathy. Here are common ones I have heard.
“I just can’t afford you.” Unfortunately, most Americans live paycheck to paycheck and paying for a lawyer is not a top priority, just below replacing their toilet. I understand that good people of modest means need legal assistance, and I try to work within their budgets.
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But for some potential clients, financial hardship means not living the lifestyle of the 1%. I notice the Rolex Submariner on their wrist while they wave their arms in frustration. After their free consultation is over, they drive away in their luxury car. I know that a lot of these cars are leased or bought used after the massive depreciation hit. And others claim that the car or the house doesn’t belong to them and someone else is paying for it. Isn’t it amusing how these benefactors are rarely able to pay for a lawyer’s consultation?
One can say that these people are just shrewd negotiators. Perhaps. But I also see these people playing desperate attorneys for fools.
“I shouldn’t have to pay for justice!” These people are adamant that someone else should pay the attorney’s fee because they did nothing wrong. These people tend to live low-risk or sheltered lives and as a result are shocked to the core when someone wrongs them. Experienced businesspeople understand that legal fees are an occasional cost of doing business.
They constantly ask whether there is a way to force the opposing party to pay attorney’s fees. Some even do the legal “research” themselves, mostly by citing irrelevant law or some abstruse moral authority. They are even reluctant to accept contingency agreements except for punitive damages.
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While I sympathize, I can only tell these people that that’s just the way our system works.
“We’re members of the same [organization/fraternity/ethnic group].” Sometimes we meet clients through common membership of certain organizations. Or we may share the same ethnic background. Some potential clients ask if they qualify for a discount because of those connections.
This is common among certain ethnic minorities. A few get into a nationalistic rage, saying things like, “We have to help our people!” or “Can you hook a brother up?” Ironically, when you say no, they sometimes threaten to hire the white attorney. Or the Jewish one.
While listening to these tirades can get annoying, I don’t hold this against them because in some cultures, aggressive bargaining is the norm. The trick is to hold firm without being offensive.
“I’ll return the favor a hundredfold.” These people have the extreme chutzpah to ask for free representation in exchange for promising to use their influential status to help you get clients. These con men are easy to spot. They constantly remind you how influential they are. And they make verbose and grandiose promises. For example, they may say something like this:
Listen, even though we never met before, I want to give the big break you deserve. But first, I need to test whether you are passionate about your work and are not in it just for the money. So if you can come through for me just this one and only time for free, I’ll make sure you are taken care of for the rest of your life.
If you want a job, I’ll see to it that all of the big-time firms fight each other to give you an offer letter. Trust me, I know all of the legal recruiters and I’ll see to it that your résumé gets preference above the Ivy Leaguers. I know people you never heard of who can connect you with all of the movers and shakers.
You will go places. You’ll make the cover of every legal publication in the country. Law schools will invite you to speak at their graduation ceremonies and you can talk about how hard you worked to be mega-successful on your own. So help me out this one time and we’ll make your career great again. It will be fabulous.
After containing my laughter, I ask these people how I was “lucky” enough to be their chosen one. If these people are as great as they claim to be, why weren’t they able to get the more expensive lawyers to work for them for free?
I can’t fault these people for trying. But if solo practitioners want to stay in business, they have to be able to separate the moochers from the genuinely needy. And this means being firm with your fees no matter what excuses potential clients give.
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.