Grace LawsonBarrister-at-LawAccredited Mediatorwww.gracelawson.com.au

Identifying and Managing High Conflict Personality

Clients

Dealing with a difficult client?

Overview

Personality types and difficult personalities

Approaches to better manage difficult

personality types

Other factors and enablers of destructive

behaviour

How to get the best results

Building a case to end a client relationship

What is a personality?

Each individual person is characterised by a particular combination of emotional

responses, behaviours, thought patters and traits that make up their personality.

starts to develop early on remains remarkably consistent throughout life can change after a specific experience in the

person’s life

Personality types Personality type theories

• Type A vs Type B

• Extravert vs Introvert

• Sensation/Intuition vs Thinking/Feeling

• Alpha vs Beta vs Gamma

• Courteous vs Invective vs Rational

Personality tests

A person’s personality type will dominate their individual speech, thoughts, mood, feelings and

behaviour.

Difficult personalities

Unrealistic and unreasonable expectations Excessive time telephoning or emailing Blaming others for their legal problem Demanding lawyer does what they want Criticising lawyer and lodging complaints Changing lawyers and not paying bills Paranoid, aggressive or threatening Personality disorders

Approaches to better manage difficult personality types

Immediate response may be to:

Tell the client to go somewhere else Compete with the client Accommodate the client Compromise, collaborate and communicate

Effective communication

Active listening Assertiveness Empathetic understanding

Being assertive, communicating respect, and avoiding retaliation will prevent any conflict between the lawyer and the difficult client

from escalating.

High conflict clients - strategies Advise which expectations can be met Provide structure Remind what is relevant and bill for time Show respect even if frustrated Set boundaries on behaviour “One minute scold” Clear client service agreement Educate staff on policies Refer client to counsellor/psychologist

Strategies for other clientsDemanding AntagonisticPessimistic ComplainingAggressive Threatening

Clients with personality disorders

Borderline Histrionic

Narcissistic Antisocial

Other factors and enablers of destructive behaviour

“Negative advocate”

Generally family member or close friend Actively or passively supporting behaviour Excessive participation in conferences Motivated by fear or dependence Could be a lawyer Similar strategies e.g. reality testing

How to get the best result

What is my personality type? What is my client’s personality type? Are there other causes e.g. personality

disorder or mental health disorder? Is there an enabler? What are my client’s specific behaviours? What strategies are recommended for this?

Communicate, never retaliate.

Building a case to end a client relationship

Terminating retainer may be necessary Develop internal policies Implement appropriate strategies Educate staff Debrief Persevere

Effectively managing a difficult client may lead to an excellent result and future referrals.

Difficult client = stress

Succeed in managing a difficult client!

Conclusion

Lawyers solve problems but solving a problem sometimes requires more than knowing the law.

Draw on the recommendations of mental health professionals when dealing with high conflict

personality clients.

Grace LawsonNovember 2015©Grace Lawson, 2015

Liability limited by a scheme approved under professional standards legislation