The Hateful Client Thomas V . Martin, M.D. Martin Psychiatric S ervices, PC CJA Annual Conference November 2, 2017
What’s the Difference Between the Psychiatrist and the Attorney?
The S chools They Attended!
We Often S ee the S ame Types of Individuals Clients v. Patients
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?
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?
Psychoanalysis The Analyst undergoes own analysis Interpret Transferences Interpret Counter-Transferences Developing a relationship between the Analyst and the Analysand
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”
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
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
Recognizing the Hate Rumination Fantasies Avoidance Aggressive Ineffective counsel Collateral Feedback
Dealing With the Hate The Attorney must own their hate The hate must be understood and sorted out Counter-Transference must be understood Do I have a “ neurotic” or “ psychotic” client? Forgive, not Accept!
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 ou may HATE the Client; you may NOT HIT the Client
Dealing with the Hate Easier to keep latent the hate for the neurotic Client Difficult to keep latent the hate for the psychotic Client
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
In psychoanalysis, the Analysand cannot be expected to tolerate his own hate of the Analyst, unless the Analyst can hate him.
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
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 other 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.
Conclusion The Client cannot be initially expected to appreciate the Attorney’s point of 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.
Conclusion It’s important t o recognize and analyze the manner the Client invokes one’s hatred for them to avoid the formation of 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.
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