Lawyers and clients often develop years-long relationships during which clients and lawyers cultivate connections that often transcend the traditional attorney-client framework. During this relationship, clients may ask for favors in the form of favorable billing terms or other advantages that the lawyer is uniquely able to provide. Although it is acceptable to perform such favors for clients, lawyers should not do so under the assumption that it will result in additional work.
Perhaps the most common favor a lawyer will do for a client is to take a given matter on favorable terms with the expectation that additional work will follow. However, clients do not always remember the lawyer who gave them favorable terms when there is an additional matter that needs attention. Earlier in my career, I worked on a very small matter for a long-term client. The matter was worth barely four figures, so I was surprised that the plaintiff was able to secure a lawyer who made it worth it to pursue the claim in court.
During the course of my relationship with plaintiff’s lawyer, I discovered that this attorney had taken the case since the plaintiff was a somewhat large company in his area, and the attorney felt that taking this one matter on favorable terms could lead to additional work. This lawyer eventually told me he saw the client had another, much bigger lawsuit, and this client had decided to use a different lawyer for that case. This adversary of mine expressed disappointment at this outcome, and I could relate to what this attorney experienced. I too had been disappointed before when clients did not make good on promises to refer larger matters to me in exchange for favorable terms on a smaller case.
Throughout my career, I have seen lawyers perform all kinds of favors for clients that are not readily connected to an existing representation. It is common, for instance, for lawyers to offer internships or employment, to friends or relatives of people who refer them work. I am aware of two instances during my career when this was likely the case, and in one instance, this resulted in the person receiving a relatively hard-to-get summer position. Usually, it is harmless for a lawyer to give an unpaid internship to someone during the summer, but if the firm needs to pay for the employment, or if the favored person takes the place of a competent hire, this could pose problems.
Sometimes, clients may ask lawyers to perform work pro bono for favored entities. Indeed, when I was an associate in Biglaw, one of my colleagues was specifically told that a pro bono matter was especially important because it was being performed as a favor for a large client. At other times, client favors can be rather small. Several times during my career, clients have asked me to secure papers at various courthouses the next time I had a court appearance at a given location. There was almost no extra time I needed to devote to these favors since I was already at the courthouse, and the fees needed to procure the requested records were minimal.
All told, it is common for lawyers to complete favors for clients, and each lawyer needs to weigh the benefits and costs of each favor before agreeing to perform a given task. However, lawyers should not expect to receive additional work from clients simply by completing favors, since clients may not factor this when selecting counsel for additional matters.
Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothman.law.
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