Dealing with Difficult Clients and Opposing
THE STATE BAR OF CALIFORNIA
84th Annual Meeting
Program 138 Dealing with Difficult Clients and Opposing Counsel: Successful Strategies and Tactics
Saturday, September 17, 2011 4:15 p.m.-5:15 p.m.
Sponsored by the Solo and Small Firm Section
The State Bar of California and the Office of Section Education and Meeting Services are approved State Bar of California MCLE providers.
Points of view or opinions expressed in these pages are those of the speaker(s) and/or author(s). They have not been adopted or endorsed by the State Bar of California’s Board of Governors and do not constitute the official position or policy of the State Bar of California. Nothing contained herein is intended to address any specific legal inquiry, nor is it a substitute for independent legal research to original sources or obtaining separate legal advice regarding specific legal situations. ©2011 State Bar of California All Rights Reserved
Dealing with Difficult People by Steven G. Mehta There seems to be no shortage of difficult people in the practice of law. Perhaps there is something in the water, or perhaps it is the economy. But no matter where you go, difficult clients or opposing counsel seem to be popping up out of nowhere. Indeed, take the case of the hypothetical mediator who had a recent encounter with an extremely difficult party who wanted to sabotage the mediation from the very beginning. The client insulted her own attorney, wouldn’t let the other parties speak, accused her attorneys and every attorney in the world of having no heart or emotions and being liars and accused the mediator of lying about the merits of the case. To top off her venom, she had already reported her attorneys to the bar and at every turn was trying to avoid resolving the case. At one point, one of her attorneys walked out of the mediation. In short – she was the mother of all nightmare parties. Unfortunately for most attorneys and mediators, they have met this type of client/party at
84th Annual Meeting
Program 138 Dealing with Difficult Clients and Opposing Counsel: Successful Strategies and Tactics
Saturday, September 17, 2011 4:15 p.m.-5:15 p.m.
Sponsored by the Solo and Small Firm Section
The State Bar of California and the Office of Section Education and Meeting Services are approved State Bar of California MCLE providers.
Points of view or opinions expressed in these pages are those of the speaker(s) and/or author(s). They have not been adopted or endorsed by the State Bar of California’s Board of Governors and do not constitute the official position or policy of the State Bar of California. Nothing contained herein is intended to address any specific legal inquiry, nor is it a substitute for independent legal research to original sources or obtaining separate legal advice regarding specific legal situations. ©2011 State Bar of California All Rights Reserved
Dealing with Difficult People by Steven G. Mehta There seems to be no shortage of difficult people in the practice of law. Perhaps there is something in the water, or perhaps it is the economy. But no matter where you go, difficult clients or opposing counsel seem to be popping up out of nowhere. Indeed, take the case of the hypothetical mediator who had a recent encounter with an extremely difficult party who wanted to sabotage the mediation from the very beginning. The client insulted her own attorney, wouldn’t let the other parties speak, accused her attorneys and every attorney in the world of having no heart or emotions and being liars and accused the mediator of lying about the merits of the case. To top off her venom, she had already reported her attorneys to the bar and at every turn was trying to avoid resolving the case. At one point, one of her attorneys walked out of the mediation. In short – she was the mother of all nightmare parties. Unfortunately for most attorneys and mediators, they have met this type of client/party at