There are many types of challenging persons. Carol Curtis identifies categories of challenging clients:
|
Type
|
Issues and Strategies
|
|
The client who is angry or hostile
|
They were angry before they retained you and likely will stay angry. Be
careful not to let them mistreat you or your staff. If you tolerate abusive
behaviour from them, it will likely continue and increase.
|
|
The client who is out for vengeance, or on a mission which has little to
do with the legal issue
|
If you are unable to achieve their goal, they will be unhappy and there
could be trouble. Be careful the client does not take inappropriate, improper,
or illegal actions to achieve their goal.
|
|
The over-involved or obsessive client
|
The client may act like a pseudo-lawyer. They may focus all their energy
on the legal matter, to the exclusion of other parts of their lives. They will
need a lot of attention and are obsessed with their case, often presenting
binders or boxes full of documents or materials on their case. They will expect
you to read all of it. Try to get them to narrow down the materials needing
your attention and bill them regularly so they understand the costs associated
with your time and work. Ensure that they receive copies of all of your work
for their records. Consider if you can assign the client a task related to the
file to give them a way to contribute in a more constructive way and focus
their attention.
|
|
The dependent client who is unable or unwilling to take responsibility
for their own life
|
This client may try and convince you to make decisions for them or simply
be unwilling to make a decision. Do not do it! It is unethical for lawyers to
make decisions for clients. When the result is not to their liking, they will
blame you. Encourage them to find an advisor to accompany them to your meetings
and help them consider your advice. You cannot be this advisor!
|
|
The secretive/deceitful/dishonest client
|
This person may not understand the importance of openness and honesty in
the lawyer-client relationship. However, if the client is deceitful or
dishonest with you, consider whether to end the relationship, and whether you
even can continue to act.
|
| The challenging client who has a difficult case |
The person may have unrealistic expectations about the outcome of their
case, including cost, time and result. Be clear at the outset about your advice
on these matters. |
The client who is not willing or prepared to accept, believe, or follow
your advice |
As above, be sure to document the relationship, including advice,
outcomes, cost and time frames, all in writing. |
Chart obtained from Dealing with the Difficult Client by Carole Curtis
This list is not exhaustive. A challenging client might manifest multiple characteristics, and you might encounter a client who is challenging in a unique way.
It is also worth considering the warning signs of a high-conflict personality. As you would expect, these types of people represent a disproportionate share of those involved in high-conflict litigation. Many high-conflict personality types do not accept their lawyer’s assessment of their case and legal strategies.
Although rare, there are instances in which clients become violent with the parties or lawyers involved in a dispute. It is difficult to identify a potentially violent client in advance, but a person’s words and behaviour can point to this potential.
If you practice in an area that tends to attract high-conflict matters, you may wish to consult resources on how to identify and manage the different types of high-conflict personality. Many additional resources are available if you are seeking further information, strategies, and training with respect to dealing with high-conflict individuals.
What remains constant in challenging client scenarios is:
- identifying the problem or potential problem;
- establishing parameters that allow you to appropriately manage the relationship; and
- documenting all the steps you take in dealing with them.
Proper documentation is the best practice in dealing with all clients but is of paramount importance when dealing with challenging clients.