How Important is Investigating a Potential Client?
Although the prospect of a new client is appealing, you should take on the case only after you’ve done your due diligence. Learning about the client matter and checking for conflicts of interest are no-brainers, but many attorneys fail to also investigate the potential client – as an individual – as a way to uncover red flags.
Here are some things to look for:
Does the potential client have a criminal record?
Because a person’s criminal history often has a significant impact on the outcome of the case itself, looking into such matters is customary for most criminal defense attorneys. But it plays a role in civil cases, too, as criminal convictions are often used as indicators of personal character.
In family law, for example, any potentially damaging character trait may haunt that party in child-custody and divorce proceedings. In any civil action, really, you can be sure that opposing counsel is going to try to use your client’s criminal record against them. And in circumstances involving testimony by the client in court, crimes of dishonesty may be used to impeach their credibility.
Any potential client will undoubtedly have an explanation for why the conviction isn’t as bad as it seems, but the facts of the public record will speak for themselves.
And while there’s no way to wipe away your potential client’s criminal record (possibilities of expungement notwithstanding), knowing about it right away can help you decide whether you want to take on the client, and also, should you proceed, help you better plan case strategy and set client expectations.
Are they involved in civil actions?
While not as damaging as having a criminal record, a client’s status as a defendant in a civil action indicates that they are, at a minimum, accused of doing something wrong. These actions are largely a matter of public record – meaning, they are easily accessed by the opposing party.
Conversely, a potential client appearing as the plaintiff in a civil case may paint them as overly litigious, especially if they’ve initiated multiple lawsuits, or if prior lawsuits have shaky legal foundations.
Having knowledge of a potential client’s prior lawsuits may impact your firm’s bottom line, too. If the client has ever sued another attorney, take heed: It may suggest that they might be inclined to blame you for any disappointment in the legal matter. And being on the receiving end of such a lawsuit may indicate they might not be trustworthy when it comes to paying your bill. Plus, the relationship between them and the previous attorney worsened so much that the attorney actually sued!
What is their online presence?
The Internet promises a glut of information about nearly every individual – but generally fails to promise that this information is accurate.
Plus, your potential client’s social media accounts’ security settings may allow anyone – including opposing counsel – to access that information. So, it’s important that you be the first to identify any of your potential client’s damaging online records and advise them how to minimize future dissemination of adverse information. If the information has already been accessed by the opposing party, you can adjust case strategy accordingly.
Hopefully it’s now easy to see that researching a potential client at the soonest possible time can help save time, money, and avoid some headaches.
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