Dealing With Difficult Clients

At some point in time, we all run into them: difficult clients.  It may be in the form of clients who may are unrealistic in settlement negotiations.  It may be clients who refuse to agree to certain provisions in a corporate transaction.  It could be clients who aren’t cooperative.

Learning to deal with these clients is certainly part of lawyering.  Part of our roles as attorneys is to learn how to deal with different types of people, be they opposing counsel,witnesses or our own clients.  There are, however, important things you should remember and keep in mind:

• Advise your client by phone or in person - Obviously, you want to reason with your clients regarding what you believe is the proper course of action.  A lot, of course, gets lost in translation when you send e-mails or letters to your client.  Speaking to your clients directly on the phone or in person gets your position across directly.  And if the clients don’t listen, at least you’ve tried.
• CYA by following up in writing - You’ve spoken to your client, and the client isn’t listening to you.  You should make sure, though, that you follow up with an e-mail or letter reiterating your position and potential concerns.  Even if your client decides to keep a different course, at least you’ve stated your advice, and the client has a record of it in writing.
• Follow through on the client’s directions but see if client has an open mind – The client has given you marching orders, and you don’t necessarily agree.  Nevertheless, you do as the client directs, and you do so with the appropriate vigor and zeal.  While going forward with the client’s position, however, don’t hesitate to gently approach the client about modifying it, particularly if things are not going well.  You can use the tact of noting that you tried the client’s way, and there were mixed results, but that perhaps a change of tactics may lead to better results.

Dealing with people is an important skill for lawyers to have.  Learning how to properly handle difficult clients will be something you need to develop through time and experience.

Maintaining Trust in the Police Department

It has not been the best of times for the Philadelphia Police Department.  For a department that already receives criticism (often not justifiable) for supposedly failing to stem the tide of violent crime, there have been a series of high profile problems involving police conduct. 

This week, several officers from the Narcotics Field Unit have been implicated in disturbing raids of small convenience stores.  The officers allegedly entered these stores under the guise of arresting the owners for selling drug paraphernalia and then systematically removed the surveillance systems so that they could loot the store of food, items and money.  Not exactly the purpose of the motto “to protect and serve.”  Today, there’s been a report in which a police officer, while a student was accompanying him on a ride-along program, supposedly used a racial slur to describe inhabitants of the neighborhood he was patrolling.

These incidents certainly do not positively contribute to the amount of trust that Philadelphia residents and police officers currently have.  If these allegations are true, then those officers were certainly acting improper (and in the first case, criminally).  What’s important to remember, however, are that these officers are in the vast minority.  There are over 6,600 Philadelphia police officers, and 99 percent of them honorably serve the city, protect citizens and enforce the law.  It is the few “bad eggs” that give the rest of them a bad name.  We should certainly condemn the improper acts of those who deserve it, but we should not extend the criticism to the rest of the men and women in blue.    

Self Defense this Friday, FEB 27 (CLE optional)

On Friday, February 27, 2009, the YLD will hold a program on self-defense at 12 noon at the PBI Center (Wanamaker Bldg., 10th Floor).  The program is co-sponsored by the Criminal Justice Section, LGBT Rights Committee, Women in the Profession Committee and Women’s Rights Committee.

Burt Rose, criminal defense attorney, and Matt Perks, Assistant District Attorney, will discuss the legalities of defending yourself and your property. During the program, trainers from Maxercise Training Academy & Fitness Club will provide actual instruction and demonstration on the basics of how to defend yourself should the situation arise.

While this is a CLE course, attendees who do not wish to earn CLE credit can attend FOR FREE. Attendees have the following attendance options:

(1) attend for free – no lunch or CLE

(2) attend and eat lunch – call PBI’s customer service line (800-932-4637) or fill out the form (see e-mail announcements) and only pay for the lunch portion

or

(3) sign up for the CLE on PBI’s website

A New Year’s Resolution: You were there for us. For this I am grateful.

As we start a new year, I encourage you to include taking a pro bono case on your list of resolutions for 2009.  We are all struggling in these uncertain economic times, but those even less fortunate than us are struggling on a level that most of us are unable to imagine.

I specificially encourage you to consider taking a family law case from Philadelphia VIP, an agency that matches low income Philadelphians with much needed volunteer attorneys who provide civil legal representation to those who would otherwise go unrepresented.  I received the following letter from a couple of hard working VIP paralegals and was compelled to share it with you:

 

 

Dear Abbie,

 

Over the last year, Philadelphia VIP has received an increased number of requests for pro bono representation with the greatest number of cases in the area of family law. 

Every time we read through the file of a new family law case, we are moved by the client’s compelling story.  After all, a client’s divorce, custody, support, adoption or guardianship matter affects the most personal aspect of his or her life.  Taking such a case on a pro bono basis will certainly make a positive difference in any volunteer attorney’s life as well. 

According to Matthew Olesh, a litigation associate at Dechert LLP and a first-year volunteer with VIP who has already helped 4 clients with family law matters, “we always work as hard as we can for our clients, and it is especially rewarding to help someone who truly needs and deserves legal assistance.”  When opposing counsel challenged a VIP client’s attempts to visit her child who was living almost two hours outside of Philadelphia in a remote area of the state that was inaccessible by public transportation, Olesh helped the client obtain physical custody of her child.  Olesh noted, ”from the first time I met my client, I could tell that she had nothing but the purest intentions in wanting to be reunited with her child.  Not only was she genuinely upset at being cut off from all contact, but she was legitimately concerned for the child’s well-being.” Through Olesh’s dedication to the case, the client’s year long struggle to see her child was rejuvenated and ultimately validated.  At the conclusion of the case, Olesh’s client noted, “I consider myself very fortunate and appreciate everything that VIP and my attorney did for my family and me.  You were there for us.  For this I am grateful.” 

Unfortunately, even though there are many dedicated attorneys who represent family law clients diligently and consistently, there are not enough volunteers to meet the demand of VIP’s case load – in 2008, VIP was forced to turn away over 50% of Philadelphians who sought representation on family law matters.

Many attorneys have told us that they feel uncomfortable accepting family law cases through VIP because they have no prior experience in family law.  If you are not a family law practitioner, there are several reasons why you are still an ideal fit to represent a pro bono client in the area of family law, including:

 

• VIP provides a group of experienced family law practitioners who mentor volunteer attorneys new to family law representation; 
• VIP provides an online library of training materials, which volunteers can access from their own desks;
• volunteers gain invaluable client counseling, negotiation and trial advocacy skills;
• volunteers can help counsel clients to make good legal decisions and single-handedly afford give clients a much needed voice in an otherwise intimidating legal process; and
• volunteers will find the benefits of their representation reciprocal. 

 

VIP is offering substantive preparation for family law cases to all interested volunteer attorneys through a CLE on custody scheduled for February 13th and a CLE on divorce scheduled for April 3rd.  The CLE credits are free in exchange for pro bono services.

 

To become a Philadelphia VIP volunteer or to learn more about upcoming trainings, visit the Philadelphia VIP website or call 215-523-9550.  We hope to hear from you soon!

 

 

Janine LaBletta & Dana Barnett

                 Philadelphia VIP Paralegals

 

Please consider using your legal prowess to help a fellow Philadelphian deal with a family law matter this year.  You will be amazed at your ability to impact a local family.

Passing On After Failing the Bar

For many recent law school graduates and some others, this past week was “highlighted” by the bar exam.  It’s a rite of passage that lawyers must endure – with any luck, only once. 

Let’s face it: the main problem or fear with taking the bar exam isn’t all the studying you have to do beforehand or the 18 hours of test taking over three days (for Pennsylvania and New Jersey).  Rather, it’s the fear that one may fail and have to go through the process all over again.  It’s a difficult proposition to stomach after spending over $100,000 in tuition that you are not even allowed to practice law. 

Still, for the roughly 30 percent of test takers who are not successful, the world is not over with failing to pass this time around.  Fortunately, most firms allow their associates a second bite at the apple and keep them around after initial negative results.  (The District Attorney’s Office is the notable exception).  Next, unlike the first time, repeat test takers have the “advantage” of knowing exactly what testing conditions will be like.  By the time the next opportunity for the bar exam comes around, there should be less anxiety of the “unknown.”  Even for those who decline to take the exam again (or perhaps do not pass after further attempts), there are always other opportunities.  More and more firms, particularly larger ones, have staff attorney or contract attorney positions, which do not always require licenses. 

So for those who have just taken the bar and now dread the 2-3 month wait for results, remember to keep things in perspective.  The statistics are in your favor of passing, but it’s not the end of the world if you don’t.

The Larry Mendte Saga

The recent saga of now-former CBS anchor Larry Mendte has been quite fascinating.  No anchorman has fallen this dramatically since Ron Burgundy.  Even his former co-anchor, Alycia Lane, is in better shape, having had criminal charges against her dismissed and a wrongful termination suit filed against CBS. 

What is also notable is the nature of Mr. Mendte’s actions that landed him a federal felony count.  Something as seemingly “innocuous” as accessing someone else’s e-mail account without permission could lead to a prison sentence for him.  While few of us young lawyers have been involved in similar activity, we should be aware of potential trouble with how we conduct ourselves.  Whether it’s comments or conduct that rises to the level of sexual harassment, driving home after a couple of drinks to the point of possible impairment, or whatever else, there are pitfalls everywhere. 

As young lawyers, we are held to a higher standard.  Be aware of your actions and stay away from trouble as much as possible.

A Breath of Fresher Air in the Rest of the Commonwealth

The rest of the Commonwealth recently arrived in the 21st century by finally passing a statewide smoking ban.  This newly-passed bill, which is only awaiting the governor’s signature, bans smoking in restaurants, hospitals, schools and other public places.  Most importantly, it does not alter or lessen the Philadelphia smoking ordinanace that has been in effect for the last couple of years.

Of course, the other notable aspect of the bill is that Pennsylvania has finally joined thirty-one other states in passing smoking bans.  There are many arguments against such bans: the governmental intrusion or a private choice, the infringement on freedom to smoke, the supposed adverse effects on bars and restaurants, the existence of exceptions and loopholes, etc.  Yet, the world has not stopped in California, New York and other states and cities that enacted such bans.  People haven’t stopped going to bars in Philadelphia.  Studies have shown that, at least in New York City, bars and restaurants have statistically benefited from the lack of smoking, as many people are more willing to go out there.  People generally have adapted and just smoke outside the bars and restaurants (a good compromise).  Even my smoking friends admitted that they have benefited by decreasing their smoking. 

So, it’s a testament to the state legislature that it has finally enacted this measure.  Smokers, fear not, as the states of Virginia and North Carolina still allow public smoking, and it’s doubtful that those tobacco states will be banning it soon. 

Happy Hour Tonight!

If you are looking for an excuse to cut out early and enjoy a nice day, head on over to the Mexican Post (1601 Cherry Street) at 5.30 p.m. for the YLD-Labor & Employment Law Committee happy hour and enjoy drink tickets, drink specials, and complimentary hors d’oeuvres.

You do not need to RSVP, but please bring a new and/or used tie for the Philadelphia Comprehensive Center for Fathers’ Work-N-Style for Men program. Work-N-Style is the only men’s clothing referral program in the tri-state area that provides low income fathers in Philadelphia with ready-to-wear clothing for interviews, court hearings, and special events.

Lawyer’s Lawsuit

A New York lawyer has filed a $1 million lawsuit against Delta because his family’s Christmas vacation was ruined when the family was stranded in an airport for days.

The lawsuit alleges that the family was forced to spend $21,000.00 in unused hotel rooms, replacement clothes, and other costs as a result of Delta’s “gross negligence, malfeasance and absolute incompetence.” The suit also alleges that Delta employees were rude to the family.

I can understand the frustration, but $1 million?!

After Further Review, the Play Stands

Earlier this week, National Football League commissioner Roger Goodell announced that after his meeting with Matt Walsh, there was no further evidence that would merit additional penalties or punishment against the New England Patriots.  “The discipline I [levied] then was appropriate,” the commissioner stated in reference to the monetary fines against the Patriots and their head coach as well as the removal of their first round pick.  So, theoretically, the “Spygate” saga was declared over. 

Senator Arlen Specter, however, believes that a further, thorough investigation should be done, if not by the NFL, then by Congress.  Based on the newly uncovered evidence and his own conversation with Mr. Walsh, Sen. Specter asserts that there is much more out there, particularly pertaining to games involving his home state Pittsburgh Steelers.

Theoretically, the New England Patriots may indeed have “cheated” much more than indicated by the evidence.  Back in the 1960s, Sen. Specter’s theory of a single bullet (the magic bullet) being responsible for injuries to both President Kennedy and Governor Connally was derided by conspiracy theorists.

Since then, however, further analysis has shown that the seat positioning in the Ford, as well as how the occupants were angled, could very well have permitted a single bullet to do what Sen. Specter said it did.

So, Sen. Specter may have been right about the Kennedy assasination.  The problem now is that there may be no evidence left and nowhere left to turn.  The New England Patriots have turned over their evidence, and the former cameraman, who was supposed to have the smoking gun, has turned over what he has.  Where else can Sen. Specter, the NFL or Congress really turn?  The Patriots have already gotten their just desserts, having lost this year’s Super Bowl and being hated and viewed by most of the country as cheaters.  It’s probably best to turn the page and move on to more pressing matters.