ILNews

DTCI: Client relationships and effective case management

Back to TopCommentsE-mailPrintBookmark and Share

dtciAs lawyers, we’ve handled thousands of cases. We see new complaints weekly and draft answers and discovery while managing a full case load. The names of the plaintiffs and defendants blur into file numbers, and the allegations become routine – to us.

To our clients, the complaint and summons they receive will likely be the first such paper they’ve ever seen and, to make matters worse, the jargon contained in the papers makes them almost unintelligible. It is likely the first time they have ever been sued.

The summons may be the first document they’ve ever read commanding them to appear in court. The complaint may be the first time they have ever been accused of being careless or negligent. It is scary, hurtful, humiliating and infuriating, all at the same time. In fact, studies show that lawsuits can cause profound levels of stress and anxiety. The condition sometimes referred to as litigation stress syndrome can cause feelings of isolation, negative self-image, emotional problems, anger and fatigue and can affect relationships with spouses, children, neighbors or colleagues. (Sandra Tunajek, Dealing with Litigation Stress Syndrome, American Association of Nurse Anesthetists News Bulletin, July 2007, at 22-23; Sara C. Charles, Malpractice Litigation and its Impact on Physicians, 23 Current Psychiatric Therapy 173-80 (1986))

Both authors of this article recently had experiences in which our clients have shown us the true emotional impact that litigation can have on a new litigant. Their raw response to the litigation process served as a reminder that we must take a client’s emotional response to litigation into account – partly because it’s the right thing to do as counselors and partly because a failure to recognize the emotional toll of litigation may lead to real consequences during depositions or trial.

Andy recently learned that many defendants bring a heavy weight of anxiety to their first meeting with newly assigned defense counsel. Too often, we approach this meeting in a cavalier manner glossing over the allegations as standard language used by plaintiff’s counsel, saying it’s “nothing personal.”

To your new client, it is personal.

For instance, a new client came in recently to discuss her case. She was scared because the answer was due in two days, so she hired her own lawyer for fear that a judgment would be taken against her. The process was unfamiliar to her, and it took a while to convince her that the court would grant her an additional 30 days, something we take for granted.

As we discussed the complaint, she burst into tears while reading the allegations. Only then did I realize how quickly I had glossed over the allegations of negligence, having seen the same words a thousand times. It was the first time she had read them aloud to herself, that she was negligent in causing a little girl’s injury. It was the first time in her life that she had ever been accused of anything. “I’m not a bad person” she said repeatedly. No matter how many times I told her I knew that, she would hold up the complaint, point to the words, and say, “but they say I am, and the whole world can read this.” This meeting took several hours; not all of them do. But this time it was necessary to alleviate her fear and mistrust of a system with which she was unfamiliar and to help her understand that, just because someone accuses you of something, does not make it true or a reflection of your character.

Blaire had a slightly different experience, in that the client’s emotions weren’t readily apparent until after the verdict. The client was involved in a motor vehicle accident in which two gentlemen claimed that they were severely injured. In closing, we admitted that the jury heard some evidence of fault by our client but asked that they consider the other evidence and assign up to 50 percent fault to the plaintiffs and limit the plaintiffs’ recovery to their emergency room charges.

The jury returned its verdict and did exactly as we requested. I was thrilled. My excitement, admittedly, came from the thrill of good competition. We made an argument, and the jury accepted it. Our client, however, was in tears, and I was baffled. Our client’s own funds were never at issue in the case – she had applicable insurance coverage. It turns out that she wanted badly to have her feelings validated. She wanted the jury to believe her that the accident was not entirely her fault, and she wanted the jury to believe her that the gentlemen were not as injured as they claimed to be. The fact that the jury did believe her was more than she could handle in that moment and her tears flowed. A few days after the trial, she sent co-counsel and me a note thanking us for “being there for her.” Until then, I don’t think that I appreciated how truly vulnerable she’d felt during the trial.

In order to serve our clients effectively, we must recognize that each case is a significant matter for them. When the clients believe that we understand the significance of their cases to them, we enable them to relax and to share their stories with us. If the dialogue is open and comfortable, we may learn helpful facts that we would never have thought to seek. If, however, we fail to recognize the clients’ emotional responses to the litigation, those emotions may build up and present themselves at an inopportune time – such as during deposition or trial testimony. For instance, if counsel doesn’t take the time to learn that the client is offended by the lawsuit, counsel will lose the opportunity to help the client process that anger, and the client may take a sarcastic or rude tone with opposing counsel, which will only hinder negotiation or offend a jury. By helping the client recognize and address emotions early in the process, counsel helps to ensure that the client will be able to participate completely and freely in the defense of the case.•

__________

Andrew Hahn and Blaire Evans are litigation counsel for State Farm in Indianapolis.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT