4. Keep a record of your advice and the client’s decisions.
Whatever conclusion a client chooses, make sure there is a documented record of the counsel you gave him or her to help inform that decision.
If a client follows your advice, follow his or her orders (where possible), but the state in writing that you would advise against that strategy.
If you cannot carry out the desired action (for example, because it is illegal, unethical, or dishonest), notify the customer promptly and explain why. If the customer persists, you may be forced to withdraw.
If you are sued or grieved, your demand that the client make the difficult decisions—accompanied by documentation that you communicated with the client (see no. 10) about all the material informing his or her decision (see no. 9)—is a strong defense.
5. Do not begin hostilities against the client.
Numerous lawsuits and grievances are brought in retribution for professional activities taken against existing or former clients, such as collections actions on unpaid bills.
Even if your client has clearly mistreated you and you are unquestionably entitled to relief, consider whether such relief, once secured, will offset the cost of fighting against the lawsuit or grievance that is certain to follow.
Consider not only the financial cost, such as your deductible and insurance premium, but also the time you would have to devote in your defense and the damage to your reputation, regardless of the outcome.
Except for the most egregious cases, writing off an invoice or walking away from a dispute is frequently the more cost-effective option.
