When the Client is Wrong

The customer is always right.

Well, not always.  Sometimes the customer, or in my case the client, is wrong.  As a lawyer, how much and for how long do you push back before finally giving in to a client's demands.  This is a really tough question for a lawyer to answer, and inevitably, the answer is it depends.  

Of course, if the client is asking you to do something illegal or unethical, then as a lawyer you stop it right away, or if the client insists, you break-off the engagement.  But, I am not talking about that situation.  I am more interested in the situation where your experience and judgment make it clear that there is a better way to do something, but the client still insists on doing it another way.

In my practice, this problem can evidence itself in many ways, but one of most common involves the drafting of trust language.  For example, when creating a trust, the far better way to draft a trust that will last many years into the future (in TN this can be up to 360 years) is to make it as broad and flexible as possible.  Because none of us has a crystal ball, it is impossible to know what the circumstances may be in the future, and we want the trustee to have the flexibility to deal with any situation that arises.

Clients, though, occasionally have their owns thoughts.  And, sometimes, they want specific thresholds that must be met before a distribution can be made.  Things like - graduates from college, has a job, earns $X from his or her own efforts, gets married, etc., etc.  Also, the incentives can be negative - is not in jail or on drugs, etc.

Of course, as soon as you set-up these guidelines, you create problems.  What if a beneficiary has special needs and cannot attend college.  What is a beneficiary decides to be a schoolteacher or enter the clergy, both noble pursuits, but likely not financially rewarding.  What if the beneficiary is not in jail or on drugs, but is  a spendthrift and will blow any money given to him or her.  And on and on.

Most times I explain this to clients, they agree, and we do it my way.  Occasionally, though, the client is resolute.  So, what do you do?  My practice has been to make the best case I can as often as I can for the "best way" (read, my way) of doing something.  If the client will not budge, though, I generally will submit and follow the client's wishes.  After all, I am here to serve the client and, unless it is illegal or unethical, ultimately I will give the client what he or she wants.

NOTE TO CLIENTS - To all you clients or potential clients out there, LISTEN TO YOUR LAWYER.  You are paying me (a lot) for my expertise and experience.  Believe it or not, it is possible that somewhere in all my schooling and my working in this area everyday that I know more about this than you do.  If you ultimately decide that I don't know I'm talking about, then fine.  But, at least think long and hard about what your lawyer tells you.

And lawyers, always make notes to your file regarding the advice given and the decision the client finally made.  You will thank me for this later.