On Tuesday afternoon this week, I reviewed an email from an out of state attorney that I had a case with. I opened the attachment and began reading. In typical litigious-lawyer fashion, the missive contained factual allegations, argumentative assertions, and thinly veiled suggestions of unethical conduct. I was shocked and dismayed at the tone. I am thick-skinned after decades in the courtroom, but this one stung. You see, the author of the email was not opposing counsel, but my own client.
The attorney was appreciative of my firm’s work – until she received our invoice. The fire and brimstone letter I received from her concluded that I had grossly and unethically over-billed her in an amount less than $1000.
Our firm’s hourly rates and billing practices are principled, and our legal outcomes are usually positive. My practice is largely commercial, which means I mostly represent either institutional or private lenders. Representing “real people” clients requires emotional as well as legal challenges. Fortunately, I can count on the fingers of one hand the number of clients extremely dissatisfied with my representation, although in fairness to the disgruntled, my memory is probably not as good as it might be.
I immediately emailed my client and expressed regret that she felt the need to write a three-page letter about her bill. I encouraged her to call to discuss her concerns. I reiterated confidence in a conflict-free resolution. But I was frustrated by the communication and shaken that she could so swiftly convert from alliance to adversary.
As I was collecting myself and soldiering my way back into confidence about my professional competence, I received a call from a client I had not spoken to in several years. We had pursued his employer, a now-disbarred lawyer, for unpaid wages. The lengthy battle that ensued ultimately resulted in an involuntary receivership in which my client received robust reimbursement. My client began the phone call thanking me for my excellent representation. His tone changed, and he reflected on how his case came at a dark time in his life and what a difficult client he had been. He was replete with gratitude and sincerity, not just for my litigation and strategic acumen, but for my tolerance and calm during his emotional and financial turbulence.
After the call, I reflected on the disparate ways that clients react to threats to their financial security. Some are hostile and aggressive. Others are needy and insistent. Attorneys are counselors; our job is not just to find the fastest track to successful resolution but to advise and listen, holding space for client confidences and fears. The client that was enraged with her legal bill was no doubt worried about something more insidious than the $1000 that she felt she was over-charged. I accepted her proffered resolution quickly, and in doing so, I de-escalated the exponential energy of her stress and anger.
Who knows, years from now she might call me, hat in hand, and express recognition for my efforts on her behalf and acknowledge how challenging she was to represent. If she does, it will benefit me much more than $1000 paid to me today.