Managing the Minefield: Practical Approaches to Difficult Lawyers and Clients

This program will tackle the complex ethical challenges posed by bullying and uncivil behavior in the legal profession—not only from colleagues but also from clients. In addition to addressing how bullying and harassment among lawyers can undermine ethical practice, harm workplace culture, waste the client’s time and resources, and compromise mental health, the program will explore situations where clients pressure their attorneys to act aggressively or unprofessionally. We will discuss the relevant Texas disciplinary rules and look at some real-world examples to learn how to identify and respond to both peer and client-driven bullying and unprofessional expectations, equipping you with strategies to maintain your ethical obligations. This program emphasizes the importance of being prepared to manage difficult behaviors without compromising your professional integrity.

Learning Objectives:

• Know the key ethics Rules and other resources that govern ethical and professional conduct in the practice of law
• Identify bad behavior by other lawyers in any situation and develop strategies for dealing with it
• Recognize that communication is the key to managing clients
• Have a plan to take action when you encounter “bad behavior” whether from lawyers or clients

Main Texas Disciplinary Rules Covered:

• Competent and Diligent Representation: Rule 1.01
• Communication: Rule 1.03
• Meritorious Claims and Contentions: Rule 3.01
• Minimizing the Burdens and Delays of Litigation: Rule 3.02
• Candor Toward the Tribunal: Rule 3.03 (and it’s 15 Comments)
• Fairness in Adjudicatory Proceedings: Rule 3.04
• Rule 4.01: Truthfulness in Statements to Others
• Rule 4.04: Respect for Rights of Third Persons

Speaker: Jeanne M. Huey