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Establishing Boundaries with ClientsSherlyn SelassieStaff AttorneyGwinnett Legal Aid
Access online: http://tinyurl.com/boundaries2016
The purpose of the attorney-client privilege?
“…the desirability of lawyers educating clients in the law—that is, educating them so that they come to realize the purposes and limits, the malleability, and the strength of the legal system as it applies to their affairs; for lawyers can enter on this work of intimate education only if their clients can disclose their affairs candidly and fully to their counsel.”--John T. Noonan, The Lawyer Who Overidentifies with his Client
See, Rule 1.6, Confidentiality of Information
Touchstones for healthy boundariesRespect: esteem for a sense of the worth or
excellence of a person, a personal quality or ability
Trust: reliance on the integrity, strength, ability, surety, etc., of a person or thing; confidence.
Rapport: relation; connection, especially harmonious or sympathetic relation
Empathy: details coming soon. . .-http://www.dictionary.com
Respect
Trust“Clients want to believe that their lawyer is their ally and advocate—and may hesitate to provide full information if they don’t feel supported. In contrast, people tend to be more willing to share more information (particularly sensitive or personal information) with those whom they trust. ”
-Jennifer RobbennoltGood Lawyers Should be Good Psychologists: Insights for Interviewing and Counseling Clients, Pg. 500
Trust & Rapport“Trust is central to the attorney-client relationship. To trust is to ‘accept vulnerability based on positive expectations of the intentions or behavior of another.’ Clients, who are often in a vulnerable position, trust their attorney when they rely on the attorney to act in ways that are consistent with the clients’ well-being—expecting both that the attorney will act with fidelity to their interests and will act competently in doing so.”
-Jennifer RobbennoltGood Lawyers Should be Good Psychologists: Insights for Interviewing and Counseling Clients
Setting the Tone for Respect, Trust & Rapport
Establish reasonable expectations
UNDER-promise and OVER-deliver
Attorney’s Expectations: What was My #1 Assumption About My Clients?
Not everyone knows how to have an attorney-client relationship: Developing and nurturing this relationship is a learning process
Client Expectations:Relationship Basics
1. What is my attorney’s role?2. What is the client’s role?3. How do I communicate with my
attorney?4. What are the keys for keeping
our relationship healthy?
GETTING ON THE SAME PAGE
Part II
Off to a Good Start:What are the client’s goals?
Can I help my client reach their goal?
Can I help my client reach their goal?Initial contact/cursory assessment Interview/Retainer MeetingCase strategy developmentReinforcing boundaries & expectationsTrial assessment and strategy
Use goals throughout the representation in order to keep client focused and reinforce boundaries
The Retainer RoadmapStandard retainer PLUS
◦Client Goals Addendum or S.W.O.T.◦Consider Special Needs Addendum, if
beneficial to the client◦Consider scope of representation
See, Scope of Representation Rule 1.2
Initial Consultation or InterviewDeveloping a Shared Roadmap
Clients goals in their own words◦You may be surprised what you find out
Develop your “Friends and Family Plan”
Discuss any other client expectations
Discuss attorney’s temperament and office policies
Goals AddendumClient goals in their own wordsHandwritten (preferred) or emailed, if
necessaryAnnotate client’s goals with attorney’s
insight : ◦ Reasonable or unreasonable◦ Promises or exclusions for pursuit in the case plan
Obtain client’s initials next to exclusions or limitations
Explain client goals are part of the retainer, since the agreed upon goals are the “road map for our case”
The process can be messy...
Is the goal a moving target?
Your case sucks, but...
OK, so you don't like handwriting...
Or, you can't meet your client in person . . .
Or, email just suits you better . . .
The Power of S.W.O.T.FACTS APPLICATION OF LAW
Strengths Opportunities
Weaknesses Threats
• Obtain informed consent• Keep the client focused• Written S.W.O.T. analysis is recommended
in highly contested cases and with clients who have difficult personalities (or particularly strong external influences)
• Download a S.W.O.T. template here
Friend & Family Plan:Respecting “Their” Role
Identify the client’s “Fave Five” or “Dream Team”
The Dream Team has an essential role in the case:◦Emotional support throughout the case◦A sense of community◦The midnight flat tire on I-85
Friend & Family Plan:Respecting MY Role
Explain the attorney is the legal expert◦ Require client insists the Dream Team respects your
expertise—”this is how we keep our relationship healthy”
◦ Explain how violation of this boundary may require we end our relationship
◦ It is very likely the Dream Team will not always agree with my advice because of their emotional investment in YOU. This is a team: we all have to respect our roles.
◦ Again, ask the client to protect our (attorney-client) relationship from outside pressure
What Is My Attorney’s Role?
What Is My Attorney’s Role?
Attorney is… Attorney is NOT…• An officer of the court• A licensed legal
professional• Your legal strategist• Your legal counselor• Your Advocate (in this case)
• Your life coach• Your therapist• Your friend• Your decision-maker• Your boss (or minion)
Communication: Basic Boundaries
Call once, and leave a message (rather than calling back-to-back when I do not answer, or leaving multiple messages)
Allow me to speak without interrupting Answer the question I am asking (rather than the one you
think I am asking)
Be honest: I cannot anticipate all angles if I do not have the entire story
Communication is a two-way street: Attorney’s duty to keep client informed and obtained prompt consent-- Rule 1.4
Click here for a Sample Office Policy
NOT-SO-LEGAL ISSUE SPOTTING
Section III
Empowering ClientsClients can often be intimidated by attorneys
or expect the world of us◦Attorney may be the #1 scapegoat if client
becomes remorsefulExplain agency and decision-making
◦Offers and counteroffers◦Attorney’s role as counselor, not “boss” or
decision-maker Advise whether reasonable or not Makes recommendations Remember: “I am here to help pursue your goals” Not to be confused with Legal Strategy—that is MY job See, Rule 1.2(a),
Allocation of authority between client and lawyer
Cultural DifferencesDevelop a cultural sensitivity by realizing your
perspective is not the same as everyone else’s
Engage client’s trust by expressing interest in their culture
Accept food graciously but eat at your own risk
Rejecting gifts can cause offense. If the client insists, explain your “simple” or “low cost” gifts policy.
Explain your own cultural norms if the client’s customs make you uncomfortable in any way.
Victims of Domestic Violence Therapy – consider this as one way the client must
“cooperate with their representation” and add language to the retainer (especially in custody cases)
Community support◦ Client’s “Dream Team” is imperative, but may be non-existent
for victims who have been isolated.
Ancillary resources◦ Gwinnett Family Violence Project: (678) 376-9844◦ Partnership Against Domestic Violence◦ Shelters◦ United Way◦ Local temple, synagogue, church or other religious organization
Mental Illness Develop a sensitivity to quickly identify any illness
Ask direct (but gentle) questions to gather as much information you need about the illness
Ask permission to offer your own assistance
Establish an understanding with the assisting friend or family member that they are not the client.
Offer any other resources or referral you perceive may offer support or assistance to your client.
Remind client to follow their treatment plan or to obtain treatment
Therapy language in retainer, when appropriate
Rule 1.14 – Clients with Diminished Capacitya. When a client's capacity to make adequately considered decisions in
connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.
b. When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken and cannot adequately act in the client's own interest, the lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian.
c. Information relating to the representation of a client with diminished capacity is protected by Rule 1.6. When taking protective action pursuant to paragraph (b), the lawyer is impliedly authorized under Rule 1.6(a) to reveal information about the client, but only to the extent reasonably necessary to protect the client's interests.
HypochondriacsImmediately identify this is the client’s
favorite tool for bonding with others
Have a discussion about the relevance of the client’s medical condition(s) to the case plan
If you must, tell the client you are squeamish
Remind the client their “Dream Team” is better equipped to help carry their medical burdens
Difficult & Aggressive Personality
The key word is RESPECT◦ Educate the client when she has crossed the line
Reaffirm your commitment to the client’s goals
Remind the client how his cooperation is essential, or specifically the way he can assist with the representation
B.O.L.O.—Perceived aggression may be a cultural difference
Offer a “Time-Out”
Part IV
The #1 tool for handling conflict: Empathize
Empathy
“Perspective taking – the ability to take the perspective of other people and imagine their experiences, perceptions, and feelings—may be particularly important to the lawyer-client relationship. Importantly, people who take the perspective of another person have been shown to experience greater empathy towards that other—perceiving and sharing in the other’s emotions. ”
- Robbennolt, Pg. 495-96
Benefits of EmpathyLess stereotypingMore consideration to situational
factorsPerceive the interests and
intentions of the client more accurately
Make less self-serving judgments of fairness
-Robbennolt, Pg. 496
Empathy: The Magic Words1. “I understand how you feel.”2. “If I were in your situation, I would feel
the same way.”
Be sincere (or work towards an Emmy nomination)
This disarms the client of their negative emotion
Also connects the client with the attorney and builds trust
A trusting client is a cooperative client
The Gold Standard
Empathy is a balancing act
• Do not hesitate to refer clients to their “Dream Team”
• Remind clients you are not their “friend”• Recommend or make referral to therapeutic
or community support when necessary
Rules of Engagement for Conflict Management It’s okay to vent, but don’t get personal
Pick up the phone rather than send an impassioned text or email
Affirm your client you are working toward THEIR goals, and you are committed to their best interest
Time-out” options for clients, when necessary
Refer client back to your retainer, roadmap, or SWOT
Forgive quickly and keep it professional
Time-OutWould you like the red pill or the blue
pill?
Introducing the Time-Out“Mr./Mrs. Client, our conversation has reached the point where we are not listening to one another. Unfortunately, that makes this an unproductive conversation and I do not want to waste your time, nor my own time. For that reason, we need to take a break, just long enough to refocus so that we can deal with each other respectfully. We can do this one of two ways. You choose…”
Time-Out Options1. Fifteen minute break so that client can collect himself;
or
2. Immediate acknowledgment we have to adjust our tone in order to continue this conversation right now.
Allowing the client to chose empowers them to make the necessary adjustments and reminds them of their responsibility in maintaining a healthy relationship
Insist on the fifteen minute break if client is still excited or unmanageable◦ Call the client back as promised in order to maintain TRUST
Navigating Client BiasAgeGenderSocioeconomicEthnic/Racial (can be tricky because this
is not always one in the same)
Biases: we all have them. Client bias (and our own bias) can be positive or negative, but it is important not to discount its influence in your relationships.
REINFORCING BOUNDARIES
Part V
Save the DateGive your client clear deadlines….and enforce them
Be Honest, Even When it’s UncomfortableSoften the blow before delivering bad news
◦“You many not like what I’m about to say, but I would be doing you a disservice not to tell you…”
◦Remember Mary Poppins’ “spoon full of sugar”
Lower your volume and lighten your tone
Don’t hesitate to tell a client when they have disrespected you/trespassed a boundary and how ◦Respect is a two-way street◦Promise you would not treat them that way, either
Practical TipsDecline personal invitations….politely
◦ Decline social media friend requests
Mirror “old-school” customs, when appropriate:◦ Southerners and certain immigrant cultures
customarily use “Mr. [First Name]” or “Mr. [last name] as a sign of respect
◦ “Yes, ma'am”◦ Please & Thank you
It’s not always “what” you say, but “how” you say it
Practical Tips Check-in with your client from time to time
Take responsibility and apologize when you are wrong Keep your promises (don’t bite off more than you can
chew)
Establish and communicate your call-back policy
Establish clear office hours and designated personal time….and stick to both
Admit when you don’t have an answer, but follow up when you have found out◦ Conversely, make referrals to avoid malpractice
Keep in mind that respect is a two-way street
