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Difficult lawyerclient relationships T
he lawyer-client relationship can be complex. The lawyer is there to listen, empathise and advise. Some lawyer-client relationships can be fairly straightforward such as purchase or sale of a property, making of a will or reviewing terms and conditions. However, some clients may be facing loss of liberty, employment, relationships or reputation. These are clients you may think about a lot, who require a lot of time on the phone or email, you may start to worry about them and they can sometimes become a burden. A client like this is often looking for more than just a lawyer – and lawyers can often play the role of teacher, counsellor, doctor, parent, psychiatrist, Samaritan, or even magician! The bottom line is the client wants to be fixed legally and, although they may not know it, emotionally. Part one is your job, part two is not but it can be difficult to step back. Why? Because to be a good lawyer you do to a certain extent have to ‘crawl around in your client’s skin for a while and see the world through their eyes’. (Atticus Finch, in To Kill a Mocking Bird).
■ Before you meet the client prepare. Visualise the client in your mind. Spend a few minutes putting on your imaginary armour reminding yourself that you have boundaries. ■ If you are concerned a client may become aggressive or difficult make sure there is someone else around and that they know you anticipate a potentially tough time. Sit near the door. ■ Have some stock phrases rehearsed in your mind: – “I’m sorry I really can see how angry, sad, scared you are…I will do what I can for you as your lawyer but I am just not able to help with….” “I wonder if you have thought about seeing your GP, ringing someone?” – “I wonder do you have anyone you can call when you feel like this?” – If the client gets very upset, angry or overwrought give them breathing space.“I can see this is really tough, do you want to take a few minutes?” “ Would you like a glass of water?” ■ Give them the Samaritans number or any others that you think might be useful. Don’t give them your personal mobile. ■ Sometimes just stay silent and give them the space to rage, weep or have their moan. ■ Try to finish by summarising what you have heard and what you plan to do next. The greatest gift you can give another human being is the purity of your attention. Never forget that you are there to listen, extract what will help the client in legal terms and, if necessary, suggest that they seek help from other sources. ■
The good news is this is a common dilemma; the bad news is that legal training leaves the lawyer ill-prepared. Here are a few tips:
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