In most cases, solicitors in the family, probate and criminal courts do not encounter as many challenges as they do with their clients who present high levels of conflict within their personal lives.
Unreasonable client behaviour is typically unrelated to legal strategy. Instead, such behaviour is the result of certain deep-seated psychological triggers within the individual. Such triggers may include acute anxiety, a need for control, or even high-conflict personality traits. In each instance, the client projects their feelings of panic onto their solicitor.
Understanding the Behavioural Drivers
High-conflict clients generally operate under two major psychological patterns:
Splitting: A psychological defense mechanism that causes the individual to view the world in extremes. For example, one week the client will view their solicitor as a saviour, only to view them as an enemy the following week if a court ruling does not go fully in their favour.
Externalised Blame: High-conflict personalities are unable to accept responsibility for their actions or the risks that they take. Every setback is blamed on others in the legal system.
The use of these techniques can lead to clients sending numerous frantic emails at midnight, requesting that the firm present an emergency hearing for a minor issue that does not warrant such a hearing and consuming the lawyer’s time in billable hours without making any progress in the resolution of the case.
Tactical Boundary-Setting for Legal Professionals
The best way to manage these behaviours is to shift from using reassurance to using structured communication. For Solicitors Worcester, contact https://www.deeandgriffin.co.uk/solicitors-worcester/
Set up the “Communication Container”: During the client’s onboarding process, define the parameters of communication with the company. Clearly state that all messages received outside of the company’s standard working hours will be responded to within the next working hours.
Separate Empathy from Validation: Recognise that emotionally-charged clients require validation of their emotions rather than their unrealistic legal demands. While empathy for the client’s distress is important (“I understand how overwhelmed you feel with the property division”), validating their legal demands is not necessary.
Deploy Action-Oriented Email Protocols: When responding to an email from a client that is both chaotic and multi-page in nature, ignore the inflammatory comments within the email and focus instead on the action-oriented legal facts within the email. Bullet point each of the questions that are raised by the email that require answers from you.
Use Written Summary Frameworks: Following high-stakes phone calls, issue a brief written summary of the agreed-upon next steps and the associated risks. This creates a written record of the discussion that can help to combat the distortion of memories of such conversations.
By recognising that the volatility of some clients is a predictable behaviour, rather than an indicator of personal conflict with the solicitor, the legal firm can maintain its productivity, protect its professionals from mental effort and lead such clients to a resolution of their cases.
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