Avoiding Trouble as Replacement Counsel

When lawyers take over a case from another lawyer, there may be good reasons why the new lawyer is a better choice to take over the case. Many times, however, the clients in these situations are difficult to work with or face an almost hopeless situation. An article in the Recorder, Five Tips for Avoiding Trouble as Replacement Counsel, addresses considerations when a lawyer is contemplating taking over from other counsel. A summary of the article’s advice is as follows:

1. Determine if the problem can be fixed. If not, seriously consider declining representation.

2. Confirm the exact posture of the representation. Clients coming from other lawyers often fail to understand the nuances of the procedural posture of their matter.

3. Follow standard intake procedures. Sometimes, the client of another lawyer is very sympathetic, and the new lawyer may be tempted to bypass the usual consideration in deciding whether to accept a client. Don’t allow sympathy to override the need to be sure you are the right lawyer for the client.

4. Confirm and calendar all deadlines. When a case is in progress, it is harder to be sure you know about all the deadlines as you would if you handled the case from the beginning.

5. Document offers and client authority. The reason for dissatisfaction with prior counsel may have been due to misunderstandings about what is on the table, and the client’s acceptance of advice from the prior lawyer.

By Jett Hanna