How Must Law Interns and Legal Professions Deal With the "Problem" Client?

Clients typically seek law-related services at dramatic points in their lives when emotions are intense. Many clients are under a great deal of stress. Personal weaknesses - invisible in ordinary situations-sometimes surface strongly under the pressure. What may be a kindly Dr. Jekyll outside your office can become a raging Mr. Hyde during his conversation with you, unless you know how to tame him.

This article introduces you to concrete strategies for bridging clients' emotional difficulties. You will learn how to deal with (1) the nonstop talker, (2) the "takeover" client, (3) the troubled client whose anger or sadness must be soothed, (4) the evasive client who may be concealing needed information, and (5) the client who is physically or culturally different from you.


The Nonstop Talker

Most of us have known someone who talks so much, so fast, that listeners, cannot seem to break through the monologue long enough to respond, add a thought, or change the subject. The nonstop talker is a challenge when time is limited and certain subjects must be addressed.

Nonstop talker and get the client focused on what you need to discuss:
 

• Understand the human drama that is unfolding before you. Silently see the humor in it. Also, appreciate the discomfort your client may be experiencing.
• Do let the client ramble for a few minutes while you listen attentively. This gives the client a sense of control and lets a nervous client get acclimated to you and the office setting.
• After a few minutes, smile and interrupt a bit forcefully. Say "excuse me," and address some detail of the client's discussion. Start with a specific question about something the client just said, such as "At what time of day did that happen?" Now you are leading the discussion.
• Follow up with more questions. For example, "So this happened in broad daylight, then? Did you have a clear view?" Keep at it.
• Alternatively, you can explain that you are running out of time and there are many details you need to get on paper. Explain that you are now going to lead him or her straight through a fairly long series of questions. Invariably, the client will comply.

Dealing with the nonstop talker involves a delicate balance between control on the one hand, and absolute cordiality on the other. Interrupt you must-but in a kindly tone. Also, a client's emotions must always be respected and given a reasonable chance of expression.

The Takeover Client

Among "takeover" clients, there are two common variations. On one hand, the "field marshal" tends to give legal directives that may contradict even the attorney's best judgment. The "nitpicker" or skeptic, on the other hand, repeatedly quizzes professionals on how and at what speed their work is being performed. Both types of takeover clients can cause great consternation for the unwary intern. However, they can easily be dealt with if you know what strategies to use.

The Field Marshal

Occasionally, you may have a client who is more comfortable giving directions than taking them-an independent entrepreneur, for example. Reconcile your good manners with the need to interrupt by beginning with "excuse me"-loudly enough to be heard and firmly enough to be believed.

Meanwhile, interns are so often told what to do and how to do it that taking directions from others may seem normal in any context. But it is not normal here. Taking legal instructions from a client can lead to devastating mistakes.

Not being trained or experienced in the law, clients are unaware of all the options available to them. They may have read or heard enough to sound knowledgeable about a few concepts, but they lack the broad, detailed view that an experienced lawyer (and many paralegals) would have. For example, the worried, middle-aged child of a terminally ill parent may insist that a guardianship is needed immediately, not realizing that easier, less costly options also exist.

When clients give you legal instructions, a red flag should go up in your mind. Allowing clients to dictate their own legal remedy is like allowing patients to dictate their own medical treatment. Because clients lack a lawyer's training and experience, the odds are against their knowing what is best.

When clients insist on certain legal procedures, assure them that you want to see their interests fully protected. Tell them that what they are suggesting may or may not be the best choice. Inform them that there is often more to the situation than either you or they are aware of and only the attorney can explain these things fully. Insist that they discuss the matter with the lawyer in charge of their case. If necessary, arrange the appointment yourself to ensure adequate follow-up.

The Nitpicker

The nitpicker accepts recommended procedures well enough but constantly questions whether, when, and how those procedures are being carried out. This is the client you hear from almost daily, with questions on the progress of his or her case.

When a client constantly questions your work, a yellow flag of caution should go up in your mind. This is a client who, at some level, lacks trust. Although annoying, this client is entitled to have all questions answered fully and courteously. The key is to discreetly cut down on the frequency of those questions. Keep this client fully informed, but in a way that is more convenient to your own schedule.

Restore this client's trust by using some of the following strategies:
 

• Never say "good-bye" without telling the client two things: (1) what happens next, and (2), approximately when there will be news of it. This reduces the client's worries-and the number of calls to the office.
• When a client has waited hours for your return call, thank the client for being patient, no matter how commonplace such waits may be.
• Explore the possibility of some broad, underlying anxiety. Is there something about this case in general that has the client worried? If you can identify what it is, maybe you or the supervising attorney can resolve the client's fears and end the disruptiveness.
• Offer to regularly send copies of documents prepared or received on the client's behalf. (If this is not standard procedure, get prior approval from the attorney in charge.)
• Offer to provide weekly or biweekly progress reports to the client-in writing or by telephone.
• For long discussions, suggest a telephone appointment at a time that's convenient for you.

What these clients usually fear is having their legal matter overlooked in the office's pursuit of bigger, more "important" cases. The more information you can periodically provide these clients, the more reassured they will be and the less often they will quiz you. A methodical system for doing so drastically reduces disruptive calls and questions.

The Troubled Client

Troubled clients are the ones who are overwhelmed by emotions-sadness over a loss, anger at whoever caused their problems, or fear of what might become of them financially or physically. Because of intense feelings, these clients may not see things as clearly as they would under ordinary circumstances. Grasping information, understanding legal maneuvers, or responding fully to questions often becomes a struggle for them.

Communicating with a highly emotional client can be a huge challenge, because they are not usually focused on the business at hand. The behavior of an angry client can be downright frightening. So every intern should have a ready arsenal of strategies.

When you are dealing with an overwrought client, try some of the following techniques.
 

• Create different settings for different clients. An older, angry man might best be reminded of your professional status facing you across a well-appointed desk. A child or anxious adult, on the other hand, might be more at ease seated on a comfortable couch in a private area, away from reminders of legal activity.
• Defuse anger by voicing empathy for the client's situation. Then guide the conversation to a more productive vein. For example: "You've been through a lot, haven't you!" or "I'd be concerned, too, if that happened to me." Then: "Let's get the details we need to set things right for you."
• Do not meet a client alone outside the office unless it is someone known to be reasonable and the setting is not isolated.
• When meeting a client who is prone toward outbursts, leave the door ajar so coworkers can hear any trouble that develops and step in, if needed.
• Before a troublesome client arrives, arrange to have a coworker on standby in case you need help.
• If a client behaves physically in a way that alarms you (such as slamming objects or throwing things), stand up and move toward the door. Announce that you are leaving the room unless the behavior stops. If the behavior continues, leave, and get help.
• Legal jargon puts distance between you and a fearful client. Avoid legal jargon with clients who may be needlessly intimidated by it. Instead, explain upcoming legal procedures in ordinary language, using sensible terms that anyone can understand.
• With fearful clients, take the mystery out of the legal system. Explain not only the procedures being followed but also the reasons for them.

When emotions make it completely impossible for a client to focus productively, your only recourse may be to end the discussion-at least temporarily. Give the client a break from the conversation. If anger is the problem, insist on taking a break, giving the client a chance to cool down. Continue the discussion only after the client has regained composure- perhaps on another day.

Understand that clients' emotions are rarely directed at you personally- although it may sometimes seem that they are. Normally, clients' emotions are created by things that happened long before you entered the picture. Reminding yourself of this may help you keep your composure even when clients cannot.

Here are additional guidelines for gracefully accommodating unusual client needs:
 

• When you are assigned a new client, ask whether the client has special needs.
• If you know in advance of a client's physical limitations, check the office for obstacles that may create problems. Are there stairs that should be avoided? Will a wheelchair get through the door of your office or should you conduct the interview elsewhere?
• If you know in advance of language difficulties, see about bringing in an interpreter-perhaps one of the client's family members. Be sure your interpreter understands the need for complete confidentiality.
• Do not respond to language difficulties by shouting. The language is the problem-not the client's hearing.
• Never let yourself appear shocked by a client's appearance. Minimize any embarrassment the client already feels by smiling, shaking hands (if physically possible), and speaking to her or him the same way you would to any client.
• Remember that clients with a physical impairment are not helpless or stupid. Do not assume everything must be done for them. Instead, ask whether the client would like assistance with other than the most obvious obstacles.
• Do not assume you know how to help a physically challenged client. Ask the client about his or her preferences. For example, a visually impaired client may prefer to be led by the elbow-not by the hand.
• With clients from a different culture, consider apologizing for your lack of familiarity with the client's customs. Show respect for the client's culture and for his or her unusual garb.

Try to remember a time when you felt extremely different from those around you and how painful that may have felt. How grateful you would have been (and perhaps were) to anyone who made you feel welcomed in spite of whatever set you apart. Do the same for clients.

There are also legal reasons for respecting others' differences. The federal Americans with Disabilities Act require places of public accommodation to make reasonable efforts to accommodate people with physical disabilities. Failure to do so can result in serious penalties. In addition, discrimination in a place of public accommodation on the basis of race, sex, religion, ethnic background, age, or physical handicap is prohibited by the laws of virtually every state.

Graciously meeting clients' special needs does more than avoid causing offense to valued clients. It also helps your internship office avoid breaking the law.