This document discusses the psychological issues that distressed clients present lawyers with and techniques for lawyers to use when interacting with and counseling such clients. It notes that emotions often cloud the thinking of distressed clients and conditions like hopelessness can predict suicide. Lawyers must provide objective legal assistance while also showing empathy. Recommended techniques include active listening, acknowledging feelings, asking open-ended questions, using plain language, knowing when to intervene, documenting everything, getting support from colleagues, setting boundaries, taking breaks, and referring clients to mental health professionals when needed. Lawyers are encouraged to make their office a safe space for clients to experience emotions. Specific tips are provided for working with clients in family law, bankruptcy, and personal injury cases.

1. L A W Y E R S :
G AT E K E E P E R S
F O R
P S Y C H O L O G I C A L
I S S U E S
B Y S A I S H A C H I T K A R A

2. ISSUES PRESENTED BY DISTRESSED CLIENTS
• Emotions often cloud the thinking of distressed clients.
• . “One, do they have the capacity to provide valid instructions? And two,
do they understand what’s going on? You have to spend a lot more time
explaining the legal process to them.”
• Suicide is a real concern.
• Hopelessness is a significant predictor of eventual suicide.
• With family law clients, the intensity of loss that accompanies divorce is
akin to a form of “temporary insanity,”
• “With personal injury clients, you see a lot of diagnoses of anxiety,
adjustment disorder – dealing with a new picture of one’s self – and
post-traumatic stress disorder – nightmares and depression,”

3. LAWYER’S ROLE
1. To provide objective legal assistance.
2. When working with clients in emotional pain, compassion and
empathy are essential too.
3. Note that empathy and sympathy are two different things.
4. Hearing what your client is saying.
5. Making client aware about the legal issues.

4. TECHNIQUES TO INTERVIEW AND COUNSELL
• Listen:
Close your mouth for 15 minutes and just listen.
• Ask open ended questions.
It allows them to tell their incident.
• Acknowledge your client’s feelings.
• Let them know that they’re not alone.
• Use plain language.
• When to jump in.

5. PROTECTING YOURSELF
• Document Everything
• Talk to other colleagues
• Set boundaries and limits
• TAKE A BREAK
• Referring clients to professionals

6. • MAKING YOUR OFFICE A SAFE PLACE TO EXPERIENCE EMOTIONS If you work with
distressed clients on a regular basis, your office should feel like a safe place to experience
emotions.
• Tissues: It’s elementary, but always have a box of tissues within easy reach.
• Décor: “People are talking about their feelings and their children, so my office is more
friendly than a banker’s office,” says Boyd. “There’s art on the walls, a comfy couch, plants.”
• Privacy: Don’t install tearful clients in the glass-walled conference room. Not surprisingly,
says Sternlight, research shows that “people are more willing to disclose relevant personal
information in surroundings in which their privacy is assured.” Good soundproofing is
important too.
• Lighting: Nix the overhead fluorescent lights. Go for soft indirect lighting through lamps.
• Staff: Give staff instructions on when it’s appropriate (or not) to interrupt an interview. Staff
should also show the same respect to a client in humble circumstances (including
intoxicated clients) that they would show to the president of a company, says Schindelka.

7. TIPS FOR 3 PRACTICE AREAS
1. FAMILY LAW CLIENTS
Your client, who is still in denial and shock, wants to take an adversarial approach because they
can’t believe how cold and callous their spouse appears. You can explain that, no, their spouse isn’t
heartless, but just at a different stage in the grieving process. “This can help defuse emotions and
avoid one of the hot spots that trigger litigation,” says Boyd.
2. BANKRUPTCY CLIENTS
Commercial lawyers shouldn’t make the mistake of thinking their bankruptcy clients’ needs are
merely financial.
Explaining the exemptions and the assets they can keep often to makes them feel more positive
about their situation too.
3. PERSONAL INJURY CLIENTS
“Personal injury clients, especially men, often struggle with a lot of financial pressure,” says
Gluckstein. “They can’t work, so they can’t pay the mortgage.”

8. THANK YOU!!