SLIDE 1 The Hateful Client
Thomas V . Martin, M.D. Martin Psychiatric S ervices, PC CJA Annual Conference November 2, 2017
SLIDE 2
What’s the Difference Between the Psychiatrist and the Attorney?
SLIDE 3
The S chools They Attended!
SLIDE 4 We Often S ee the S ame Types
Clients v. Patients
SLIDE 5
D.W. Winnicott, M.D.
Pediatrician Psychoanalyst Hat e in t he Count er-Transference (1949) Neurotic Patients v. Psychotic Patients Personality Disordered Patients The Analyst is Analyzed The Attorney is…
.left hanging?
SLIDE 6
Hating One’s Client
Is this normal? Does hating affect my attorney-client
alliance?
S
hould I bury or deny my hate?
S
hould I take my hate out on my client?
What do I do?
SLIDE 7
Psychoanalysis
The Analyst undergoes own analysis Interpret Transferences Interpret Counter-Transferences Developing a relationship between the
Analyst and the Analysand
SLIDE 8
Why am I an Attorney?
Altruistic This is my chosen j ob and I’ m dealing with
my own guilt
Get paid a lot of money Discover and learn new things; make right
in the world
“ Been there, done that”
SLIDE 9
Why do I Hate my Client?
Client is dangerous Client doubts Attorney's competence Attorney’s perception of mental illness Client’s need to feel dominant ENTITLEMENT
SLIDE 10
Why do I Hate my Client?
Committed morally wrong crimes “ Rubs me the wrong way” “ Pushes my buttons” Reminds you of somebody or something They acted on one of YOUR fantasies
SLIDE 11
Recognizing the Hate
Rumination Fantasies Avoidance Aggressive Ineffective counsel Collateral Feedback
SLIDE 12 Dealing With the Hate
The Attorney must own their hate The hate must be understood and sorted
Counter-Transference must be understood Do I have a “ neurotic” or “ psychotic”
client?
Forgive, not Accept!
SLIDE 13 Dealing with the Hate
Do not over-identify with the client Do not blur the boundaries Must address and deal with one’s own
anxiety and fears
Y
- u may HATE the Client; you may NOT HIT
the Client
SLIDE 14
Dealing with the Hate
Easier to keep latent the hate for the
neurotic Client
Difficult to keep latent the hate for the
psychotic Client
SLIDE 15
Client’s Perspective
Client likely brings lots of baggage Developmental management of hate is
important, for both Attorney and Client
The Client may need to hate you before
they respect you and develop rapport
The Attorney represents a hated figure
SLIDE 16
In psychoanalysis, the Analysand cannot be expected to tolerate his own hate of the Analyst, unless the Analyst can hate him.
SLIDE 17
Hate Management
Do not deny; own your Hate Participate in avocational activities Develop strong work-personal boundaries Enlist a trusted colleague Recuse self from the case, if unmanageable S
eek Professional help
SLIDE 18 Conclusion
An Attorney has to display all the patience
and tolerance and reliability of a mother devoted to her infant, has to recognize the Client’s wishes as needs, has to put aside
- ther interests in order to be available and
to be punctual and obj ective, and has to seem to want t o give what is really only given because of the Client’s needs.
SLIDE 19 Conclusion
The Client cannot be initially expected to
appreciate the Attorney’s point
view because he lacks the ability to identify with the Attorney.
The Client cannot see the At t orney’s hate
that is often engendered by the very things the Client does.
SLIDE 20 Conclusion
It’s important t o recognize and analyze the
manner the Client invokes one’s hatred for them to avoid the formation
a destructive and murderous alliance.
Only then, one may address, t olerate, and
work effectively in an obj ective manner with the most hateful Clients.
SLIDE 21
Questions?