Understanding the Attorney-Client Relationship
When it comes to legal representation, both attorneys and clients have the right to say “no.”
As attorneys in private practice, we are under no obligation to accept you as a client. We do not have to give you a reason behind our decision to decline your representation—or even meet with you. In some cases, it may even be unethical for us to explain our reasoning.
Every time we consider a potential client, we evaluate the facts and circumstances of the case. Experienced attorneys rely on legal education, practical experience, and intuition when making this decision. In some cases, moral or ethical beliefs may also play a role.
When an Attorney May Decline Representation
Certain red flags can make an attorney decline representation. Here are a few examples.
Common Red Flags for Attorneys
- You have already been represented by several attorneys in the same case.
- You are a know-it-all who refuses to take advice.
- You are emotionally out of control.
- You want to micromanage your representation.
- You have unreasonable expectations.
- You delay scheduling your appointment until a deadline is looming.
- You are hostile or vindictive (righteous indignation is normal; malicious motivation is not).
- You show up to your appointment under the influence of illegal drugs or alcohol.
- You have already represented yourself and created a problematic situation.
- You are not forthcoming about your case or background.
- You begin the appointment by declaring that you hate attorneys.
- You lack the legal ability to retain an attorney (e.g., as a co-trustee who needs another trustee’s consent).
- You request dual representation (e.g., as both executor and beneficiary) that creates a conflict of interest.
- You are incapacitated and unable to retain counsel.
When You Should Decline an Attorney
Just as attorneys may decline clients, you are not obligated to hire a particular attorney. For example, you are not required to hire the same attorney who drafted a will to probate it.
Red Flags That an Attorney May Not Be Right for You
- The attorney’s practice area does not align with your case type.
- Beyond general practice areas, consider the complexity of your case, the attorney’s experience, and their availability to handle your matter.
- The attorney represents multiple clients with conflicting interests and does not clearly explain the consequences.
- The attorney does not provide a written engagement letter explaining billing and representation scope.
- The attorney fails to communicate the legal process in clear, understandable terms.
- The attorney appears emotional or personally motivated.
- The attorney’s rates are either too high for your budget or suspiciously low for the case type.
The Importance of the Initial Consultation
At its core, attorney representation is a mutual contract—a professional agreement that both sides will do their job.
That’s why the first consultation is so important. You might assume it’s an opportunity to interview your potential attorney—but the truth is, your attorney is interviewing you, too.
Choose Wisely: Protect Your Legal Partnership
At Hammerle Morris Law Firm, the attorney-client relationship should be built on mutual trust, respect, and transparency. Just as you deserve counsel who listens, communicates clearly, and understands your goals, attorneys also have a duty to ensure that the partnership is a good fit for both sides.
Whether you’re seeking representation for an estate matter, navigating a dispute, or simply exploring your legal options, our experienced team can help you find the right path forward.
Schedule a consultation today to discuss your situation and make sure your legal relationship starts — and stays — on solid ground.
Virginia Hammerle is an accredited estate planner and represents clients in estate planning, probate, guardianship, and contested litigation. She may be reached at legaltalktexas@hammerle.com. This blog contains general information only and does not constitute legal advice.
