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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:
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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:
(1) |
Keep calm,
keep events in perspective and remember: |
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- Despite the best preventive measures, litigation may occur.
- Give
yourself an Attitude Adjustment. In other words,
don’t focus only on the problems in your life; be grateful
for the small things and count your blessings.
- Plan
for tomorrow; but stay in today. Don’t worry needlessly.
- Turn
the problem over, i.e.: to your malpractice carrier, to your
attorney and to your higher-power. Do what you can; then
let it go!
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(2) |
Use
self-dialogue and ask yourself: |
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- What
can I learn from this experience?
- What
options do I have for support?
- What
is the worse possible outcome?
- What
advice would I give to a peer in this situation?
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(3) |
Get
counseling: |
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- Often,
the only way to truly accept stressful events is to get
professional help. Seeking counseling is not a sign of
weakness.
- Learn
to make use of, and do not avoid expert resources.
- If you
feel alone, overwhelmed or helpless, you may need the
special training and perspective that a counselor can bring.
(2)
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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.
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