Alicia Aiken

Early in my career, as a lawyer at Legal Aid Chicago, I'd check my schedule for an opening to meet with clients. "How's Wednesday at 9:00 a.m.?" I'd ask. Almost always, my clients would say yes. The problem was that many of them wouldn't show up.

When I followed up to ask why they missed the meeting, they would mention other obligations. Some had to take their kids to school. Others had to be at work.

When I asked why they had agreed to the time in the first place, their answer was revealing. Often, they didn't think they had a choice. After all, I was the lawyer helping them.

My clients felt so indebted that they assumed they just had to figure out how to accommodate my schedule, even if it was impossible. Other clients assumed I wouldn't be on time anyway and expected to wait for me.

Attorneys inherently hold significant power in the attorney-client relationship. That imbalance is less pronounced in the corporate world. To win over Fortune 500 companies, lawyers have to compete on the quality of their service. Market competition gives clients sway. But just like a car mechanic or a doctor, a lawyer has specialized knowledge and authority, which gives them power over those who lack it.

That power advantage is magnified in pro bono relationships. And it's easy for young lawyers to underappreciate it. Free legal help is a substantial gift. Accepting it can make some pro bono clients feel ashamed because they don't have anything to offer in return.

They also may feel reluctant to express their true feelings or concerns. Unlike corporate clients, pro bono clients do not get to choose their assigned lawyer. They cannot simply hire someone else if they are unhappy. Because the threat of losing representation is so high, a lawyer's casual suggestion can easily sound like a strict order to a client.

When clients operate out of fear or shame, they are much more likely to hide difficult facts or avoid telling the truth, which can hurt their case.

On the other hand, a lawyer who spends considerable time and effort may subconsciously feel entitled to gratitude or special treatment. Or they might mistakenly act as if the legal case belongs to them rather than the client. Both can also lead to bad outcomes.

While it's impossible to eliminate this inherent power imbalance, lawyers can remain attentive to it to protect their client partnerships. The goal is to empower clients to make their own choices and maintain control over their legal journey.

But what does that look like in practice?

Preventing Power Imbalances From Hurting Client Relationships

I've thought a lot about this question over the last two decades. At Legal Aid Chicago, I represented clients who needed protective orders. But many of them dropped out of the process before I could help them.

I was frustrated and tempted to blame all sorts of external factors. But when I started changing how I interacted with clients, I reached a point where they were communicating their needs and goals to me. Along the way, I learned some principles that I now share with law school students and new lawyers.

Insist on Sharing Control 

Lawyers must moderate and mediate their power by handing power back to clients and deliberately considering how they work together.

After I realized my clients were consistently missing appointments, I changed my approach. Instead of dictating a time that worked for me, I'd ask them, "I'd like to meet with you again in about a week. Is there a day that's good for you?" Even when clients tried to defer back to me, I insisted they take control and pick a day that worked for them.

Identify Resource Barriers 

Success in a pro bono engagement often depends on identifying and mitigating resource barriers. Clients may rely on poor public transit, lack money for parking, have inflexible work schedules and childcare constraints.

Lawyers can help their clients by not assuming practical challenges can be met. That may mean providing helpful transit information or checking if the local courthouse offers childcare resources.

Similarly, because clients might share devices, lack reliable internet or live in crowded homes, video calls are not always the easiest option. If a client lacks privacy, offering an in-person meeting or suggesting they take a virtual call from a reserved library room can be better alternatives.

Anticipate Language and Comprehension Barriers 

For clients with limited English proficiency, lawyers should have an interpreter on standby, so the client can seamlessly switch between their native language and English, as needed. Furthermore, if a client struggles with reading comprehension or with complex legal jargon, lawyers should avoid simply handing them forms to sign; instead, they should read the documents aloud together and explain the concepts in plain, simple terms.

Teach the Hidden Rules

Attorneys serve as translators of the legal system's unwritten expectations regarding court behavior, technology usage and the necessity of candor. One of the most fundamental is the lawyer's duty of loyalty. Clients without legal training often do not know that their lawyer is strictly on their side, so this principle must be explicitly communicated to them. Clients may also not understand or appreciate the meaning of attorney-client confidentiality and its limits.

Create Sustainable Boundaries 

Establishing clear communication protocols prevents attorney burnout and manages client expectations. One important way is to use a client service agreement to explicitly outline the boundaries of the working relationship and detail the obligations of both the attorney and the client.

Another is to communicate clear time frames for when lawyers will answer or return messages. And if an attorney decides to do something outside their normal practice, such as conducting a home visit or taking a late-night phone call, they must clearly communicate that it is a one-time exception. Otherwise, the client may naturally assume this will be the standard level of service going forward.

One Final Rule

There are many reasons people need legal aid, and not every client will have the same resource limitations.

The advice I'm offering is not meant to assume a set of predetermined traits for all pro bono clients, but rather to be aware of the different circumstances many come from — and how simple behavioral changes can make the process simpler for everyone involved.

Ultimately, pro bono clients are people who need help developing a legal solution, but didn't have a choice in their representation. Lawyers can start by recognizing that and making sure their clients do have a voice.

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Alicia Aiken is a faculty fellow for Practising Law Institute's Interactive Learning Center and director of the Danu Center's Confidentiality Institute.

"Perspectives" is a regular feature written by guest authors on access to justice issues. To pitch article ideas, email expertanalysis@law360.com.

The opinions expressed are those of the author(s) and do not necessarily reflect the views of their employer, its clients, or Portfolio Media Inc., or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.