ARTICLES

When the Attorney Is the Defendant: Managing Litigation Stress
by Carol P. Waldhauser

Stuart C. Doe, Esquire, was experiencing an unusually calm morning before leaving for Circuit Court in the afternoon.  But Stuart’s solace was suddenly interrupted.  He noted a man walking towards his office door.  At first, Stuart believed it was a sales call or a walk-in client.  Unfortunately, Stuart was wrong on both counts.  It was a private process server, who after asking Stuart’s name, placed a complaint in his hand.  Stuart’s thoughts of calmness faded.  Reality set in:  Stuart was named as the Defendant and he was being sued for malpractice in the amount of $300,000.00.

A professional malpractice suit may produce feelings that rank in intensity with such other life-events as divorce or life threatening illness.  Even if the lawyer rendered faultless legal advice, fear and anger are common responses.  Therefore, lawyers should recognize that they may have physical, emotional and behavioral reactions to the stress involved when they are the defendant in a legal malpractice suit.

Often responses to the pressure of being sued include, but are not limited to the following:

• Physical – tight neck and shoulders, pounding heart, chest pain, headaches, high blood pressure, upset stomach, fatigue, cold or sweaty hands, eyestrain, excessive sweating.

• Emotional – depression, anger, irritation, low self-esteem, apathy, impatience; forgetfulness; paranoia, etc.

• Behavioral – compulsiveness, i.e.: overeating, hair-twisting, increase in smoking/drinking, change in sleeping, reckless driving, forgetfulness, drug use, neglecting family and friends, etc. (1)

Conversely managing stress, resulting from litigation or other sources, can be manageable through awareness of positive coping skills.  Generally, the positive coping skills include, but are not limited to the following:

Unfortunately, Stuart remained “clueless” as to the difference between negative and positive coping tools.  When the case finally came to trial, Stuart was an emotional and physical mess.  To make matters worse, the jury found Stuart negligent.  Ironically, Stuart could have learned that by using and refining positive coping tools, he might have endured the pressure and learned to manage the stress of litigation.  Similarly, even when the defendant is an attorney, an individual can learn to live a healthy and emotionally balanced life- one that can maintain the serenity and stamina needed to bounce back from a professional liability suit both professionally and personally.

REFERENCES

(1)   Free Yourself from Harmful Stress, Trevor Powell, What Is Stress? P. 7.

(2)   Free Yourself from Harmful Stress, Trevor Powell, Twelve Steps To Positive Mental Health, P. 138.

 BIOGRAPHICAL SKETCH

Carol P. Waldhauser is the Assistant Director/Program Administrator of the Maryland State Bar Association’s Lawyer Assistance Program (LAP).  After 20 years in the legal profession, she joined LAP as an Employee Assistance Professional with the goal of bringing outreach and awareness to the legal profession on issues that effect work productivity and quality of life.