The prospective client walked into your office and tells you that she has all the records from her case. She spoon-feeds you which records she has: The police report, the ambulance report, part of the emergency room record and one physical therapy note. "Where are the rest of the records?" you ask. "Oh those, they're not important...anyway, my prior lawyer said this was enough to start a lawsuit in New York," says the eager-to-sign prospective client.

By now, two red warning flags should have gone up.

1. That this potential client had a prior attorney, and 
2. That this potential client has only some of the records, and she feels, based on someone else's advice, that this is sufficient to proceed with a personal injury lawsuit in New York.

Now, having a prior attorney is fine. The question any attorney will want to know is: Why did you leave your prior attorney? The answer to that question will tell volumes. The second issue is why is the potential client feeding you certain records and not providing you with all of the records?

The nice woman sitting in your office chair tells you that under no circumstance are you to request records from her treating primary care doctor because "I left on bad terms, and I want nothing to do with him." She also tells you that she refuses to go for a physical examination by a doctor of the defense lawyer's choosing because "my medical condition is private and nobody is going to poke and prod me in my body when I'm complaining about an injury to my head and arm."

Can you guess how this conversation is going to go?

She next tells you that "I want you to get on the phone with the insurance company immediately, because the insurance company must surely know your excellent reputation and tell them they have to come up with a lot of money to settle my case, otherwise we'll take them to trial."

If you haven't guessed by now, this potential client is very demanding. The warning flags went up the moment she started telling the lawyer what SHE wanted done.

The bottom line is that when the client starts telling the lawyer how to handle her New York personal injury matter, there will be many problems. It is the lawyer's obligation to provide advice based upon his or her experience and knowledge. When the potential client simply will not listen or does not want to listen to the attorney's advice and directs how the case is to proceed, then you can easily envision significant problems down the road.