I got retained on a new case today. As he was paying the retainer, my client looked me square in the eye and said, “This money was hard-earned.”
I assured him I had no doubt it was, and that I respected his investment in me. I also assured him I would work hard to earn the trust he was showing by hiring me–and to merit those hard-earned dollars.
What I didn’t tell him was that–in comparison to my other cases–his case is “minor” and the retainer he paid “small.” I didn’t want to be rude to a new client. But I also try not to think that way. Still, it’s easy to fall into the trap of thinking I’m just a “small town lawyer” with “small cases” (that unfortunately come with “small retainers”). Such thoughts inevitably lead to the conclusion I’m just handling “small issues,” and then it’s not that far a jump to end up thinking I’m just representing (God forbid) “small people.”
Of course, it’s a cliche to say, “There are no small cases.” I wish I had trademarked that phrase so I could charge every lawyer website that uses it a fee. Espousing a cliche is easy; really meaning it is not. If I’m honest, the truth is it’s easy to slip into the “small case” mindset. The bread-and-butter cases for most small town lawyers are the traffic and misdemeanor cases, or the no-asset divorce cases, or the small asset will & estate cases. These are the sort of cases which an experienced lawyer can handle without much thought or effort.
And, of course, therein lies the problem. Small cases can be handled without much time & attention to the client. Small cases are often paid for by clients with modest means–folks who actually work for a living–and the retainers they pay often represent a significant portion of their incomes. If a corporation dropped 20 or 30 percent of its monthly income on legal fees, you better believe that corporation would expect the full time and attention of its lawyers. Part of the ethos of being a small town lawyer is believing your clients deserve–at a minimum–the same sort of time, attention and respect for their hard-earned money.
So I try to remind myself–and I confess it can be a daily affair at times–that for my clients their cases are likely the most significant event in their lives at the moment. At least important enough to walk into my office and hand over a large portion of their income to a stranger (that is, to me). My clients are often motivated by fear, anxiety, concerns for their family or livelihoods–or like my client today–the real possibility of a jail sentence. It’s doesn’t matter that it’s only a misdemeanor. A 10-day jail sentence can be the difference between making ends meet for the month or losing the house. Likewise, a “routine” divorce case can cause a new mother months of agony if she spends all her time worrying about whether she’s going to “lose” her children or how she’s going to feed, house and clothe them when she “keeps” them.
I’ll admit I live for the “big” cases (which hopefully come with “big” retainers, but alas, that’s not always the case). It’s easy to get so caught up in being Important Lawyer Man and forget the practice of law is a service industry. I realize it cuts against the grain of the popular imagination about the legal profession (lawyers are greedy, crass, asshats — think: the lawyer getting eaten in Jurassic Park). But we’re supposed to like people and we’re supposed to want to help them with their problems.
Our clients are not just conduits from their bank accounts to ours. They are silly, confused, scared, unpredictable, and sometimes irrational people and it’s our job to use our experience & education to help them become less of all those things. The truth is that small cases present proportionally more opportunities to be helpful than do big cases. Glamor & recognition? Probably not. A meaningful chance to effectively & artfully practice our craft? Yes.
So, if I can get my ego out the way, a small case presents one of my best chances to do what I became a lawyer to do. I just have to remember that my client worked hard for the money he just paid me. Then I need to return the favor.
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