If Your Clients Can’t Pay, Do You Let Them Walk Away?

Guy walks into a car dealership.

“How much is that car?” he asks.

“$32,950,” responds the salesperson.

“Oh well, I don’t have the cash,” says the guy as he walks out.

And the salesperson watches as the guy gets on the bus and rides off into the sunset.

STOP. REWIND. That’s not how this story goes. The guy doesn’t have the cash and leaves? NO WAY!

What really happens is that the salesperson helps the guy figure out how to afford the car.

What Will It Take to Put You in This Car Today?

“We’ve got leases, loans, rent-to-own programs, you name it,” says the salesperson. “We’ll figure out a way to get you in that car. Sit down, and I’ll go get our credit manager and we’ll fix you right up,” he continues.

Does anyone ever leave without the car? Does it matter whether the person can afford the car? The salesperson is going to sell him the car, right? You know that guy is getting a car.

The car guy views his job as one part helping you pick the right car and one part helping you pay for the car. He can’t be successful if he isn’t good at both parts of the job.

What You Can Do to Serve Your Clients Today

What can we learn from the car salesperson (since I know you really like it when I analogize selling cars to the practice of law)?

It’s important that we help our clients figure out what kind of legal help they need. That’s a critical part of the job, and we provide valuable advice with respect to identifying solutions and different paths to achieving the desired outcome. That’s an essential part of lawyering.

But it’s also essential that we help clients figure out how to pay for the work they require. Letting them walk away without helping them explore payment options and opportunities is a failure on our part.

If they need the outcome—if it’s important for some social or economic reason—then it’s our responsibility to assist them in figuring out how to achieve their objective. We need to assist them as they formulate a plan.

You can help them figure out how to finance their case by walking them through a variety of thought processes. Work with them to explore the following:

  • liquidating assets and considering assets appropriate for use as fees,
  • discovering available assets they may not have considered accessible,
  • borrowing against real estate, retirement plans, life insurance policies, and other assets,
  • considering the efficacy of using unsecured credit,
  • obtaining assistance from family and friends,
  • obtaining assistance from employers or employer-provided plans,
  • using legal financing plans and prepaid legal plans, and
  • taking advantage of other creative financing arrangements that may be present in their unique circumstances.

Ultimately, it’s your clients’ job to decide whether the service you provide is worth the fee you’ve quoted. It’s your job, however, to assist clients in understanding what resources they have available so they can make an informed decision when they’re determining whether to move forward with your assistance.

Don’t let clients walk away from your office and get back on the bus until you’ve fully assisted them in understanding whether they have the option of purchasing your services.

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