Coping with Difficult Clients and Lawyers: Tips and Tools to Stay Both Ethical and Professional

Each day the news contains reports of unprofessional and outrageous conduct by lawyers and their clients, many of whom have been sanctioned or sued as a result of their conduct. This CLE will look at some of those reports and explore the relevant ethics rules, opinions, and professionalism guidelines that govern attorney conduct as well as our relationship to our clients when they behave badly. It will cover:

• The ABA Model Rules, ethics opinions, and professional guidelines that are applicable to bad behavior by attorneys and clients;

• The practical application of those rules and guidelines in situations commonly faced when dealing with difficult attorneys and clients;

• A discussion of current events in the news about the negative consequences suffered by attorneys and/or clients who have behaved badly; and

• Practical tips for your toolkit to deal with these situations when you encounter them in your own practice.

1. Refresh your knowledge of the key rules and other resources that govern ethical and professional conduct in your practice
2. Review what the ethics rules require of you when dealing with an unreasonable client or their demands
3. Identify bad behavior by other lawyers as early as possible in your relationship with them
4. Develop strategies for dealing with outrageous conduct by clients or attorneys with whom you work
5. Recognize that remaining ethical and professional in the face of bad behavior will ultimately benefit your client, the court system, and the legal profession