Therapist Tips – How to Avoid The Marsden Motion
Lawyers, like therapists, regularly see clients when the clients themselves are under great stress – the moments when they need help the most. People seek legal counsel when they find themselves in situations that they cannot navigate on their own.
As a lawyer, you are a trained problem solver with an expert’s ability to decipher and process complex information. At times, clients may expect you to help them in ways that fall outside your formal training – and are strikingly similar to a therapist’s role. Often, persons seeking counsel have stressors or issues that have not been addressed in any other setting. The work of giving expert legal counsel sometimes requires an ability to demonstrate the expert communication skills of a trained counselor.
This particular intangible of practice leaves many attorneys feeling frustrated when confronted with challenges particular to the emotional side of the attorney-client relationship.
Here are some Therapist Tips that will help you best serve three common client types:
1. The involuntary or skeptical client
Profile: The involuntary (named party in a lawsuit, defendant in a criminal trial, etc) or skeptical client will resist active participation, especially in the early stages of the relationship.
Goal: Create responsiveness and gain the client’s respect.
Strategy: Get the client involved in the process. First, genuinely acknowledge that your client doesn’t want to be there and then move to identifying the client’s goals. Say something along the lines of, “I understand you don’t want to be here, and I can understand why. Given that, I’d like to know what you would like to accomplish while we are working together.” In other words, get your client to talk to you. This will lead to a brainstorming session, focusing on your client’s expected positive outcomes. Involving the client in the process of setting goals will help create a sense of accountability, and thus responsiveness.
2. The demanding client
Profile: The demanding client believes you have the answers to all of their problems, and has unrealistic expectations regarding what you can do for them.
Goal: Increase the client’s motivation to act upon their current situation.
Strategy: Empower the client. Ask your client to recall a past difficult situation that they successfully handled alone. Follow up by inquiring what they had to find within themselves to overcome the obstacle. For example, “That sounds like it was a hard position to be in, how did you handle it so successfully?” Make sure to focus on what the client did, rather than the other people and circumstances involved. Finally, compliment the client’s motivation to handle the problem. Highlight strengths, no matter how small, to build confidence in the client and increase their motivation to act.
3. The emotionally unstable client
Profile: The emotionally unstable client will appear fragile, unable or unprepared to deal with difficult circumstances.
Goal: Stabilize your working relationship with the client.
Strategy: Establish rapport. To do this, demonstrate openness and genuineness. Talk about a situation you had in common with the client to create an emotional connection. You don’t have to go into much detail, just be sure to include what you were feeling. For example, “Someone close to me once hid information from me as well and I felt hurt, angry and betrayed.” If you don’t feel comfortable speaking in the first person, opt to replace “me” with “I know someone who.” Other important steps to building rapport: Be sure to keep frequent contact with the client – assuring them that you are available. (Within reasonable limits, of course.) Follow through on commitments you make. Doing these things will assure your client that they are in a safe environment and will help to stabilize your interactions, and pave the path to efficient communication and effective representation. To show your client that you care about their problems, without getting you caught up in the quasi-therapist role, refer to a mental health clinician that you trust.
As professionals and counselors, lawyers are often confronted with clients at their most vulnerable moments. Use the above strategies to improve your working relationships and enhance expert professional representation.
Disclaimer: information presented here is for general application and does not apply to persons in need of professional mental health services. If your client is experiencing a psychiatric emergency seek medical assistance immediately.