By: Anne Horissian
As attorneys, effective communication with a client, or lack thereof, can make a huge difference in representation. In my experience as a law student interning in public interest law, the recognition that clients are often experiencing trauma in their lives when they seek legal counsel is important when approaching their cases. A client’s mental health and emotional state can be key pieces to the puzzle of representation, and can particularly impact communication. However, this dynamic is not limited to tumultuous custody battles or contentious divorces. Anytime a person is experiencing stress, it can be expected that such stress will impact their ability to articulate and understand communications.
An article titled Communication Under Stress explains, “The process of forming speech is actually quite complex…while this process is generally smooth under normal circumstances, stress and duress can significantly interfere with the process… When it comes to getting your words out and even how you interpret the words of others, your mental and emotional state is quite significant.” Put simply, stress complicates communication.
Although a hyperbolic juxtaposition of legal specialties may consider representing an entrepreneur to be “only about money,” or in some way a field where client emotions play less of a role than others, the stakes to the entrepreneurial client often also require an awareness of their mental health to adequately represent their interests. As Kerri Nottingham writes, “Certain legal entanglements are overtly stressful – being sued, being the victim of a crime, being responsible for high-stakes contract negotiations – but even seemingly ordinary tasks with very low levels of complexity can induce negative mental health outcomes for some clients.” Simply meeting with an attorney can cause stress for some clients, and if the client is already facing many stressors, it is important as an attorney to recognize this and the obstacles it may present.
The stress and high stakes for many entrepreneurs correlate with mental health outcomes. A Forbes article by Dan Murray-Serter, Why Entrepreneurs Need to Talk about their Mental Health, discusses a study by the National Institute of Mental Health which found that “72% of entrepreneurs are directly or indirectly affected by mental health issues compared to just 48% of non-entrepreneurs.” Despite all the confidences presented by an entrepreneurial client, they may be struggling. As an attorney, it is not only important but also potentially required by the Model Rules of Professional Conduct, to be aware of such considerations.
ABA Model Rule of Professional Conduct 1.4 lays out some very basic rules for communications between an attorney and their client. Among these, 1.4(b) maintains that “A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.” This rule requires that attorneys explain legal matters so that a client can make informed decisions. Even without a formal mental health diagnosis or questions of capacity, the client’s mental health or emotional state may need to be considered while explaining legal options.
One specific example to consider is imposter syndrome. Ann Vertel has written in this area.
“Imposter syndrome is real. It tends to affect high-achievers more than any other psychographic — especially women — and includes creatives like inventors, founders and entrepreneurs. When it hits new business owners, the effects are both subtle and powerful, causing them to doubt their accomplishments and preventing them from taking necessary risks.”
While the role of the legal profession is not to provide mental health services to clients, recognizing potential obstacles for clients, such as imposter syndrome, can help when explaining legal options for their business. Especially in difficult times, such as now, when 43% of businesses have closed at some point largely due to COVID-19, an entrepreneur needs an attorney who can explain complicated legal options through the stress and pressure so that those business owners can make an informed decision. (The impact of COVID-19 on small business outcomes and expectations | PNAS). One article discusses that even when an attorney cannot alleviate a client’s stress, they can help not add to it by practicing clear communication, setting expectations, practicing responsiveness, and having a welcoming environment. (Seven Ways Lawyers Can Reduce Clients’ Stress – Attorney at Work).
No matter how much money a client has, it is always a good idea to know a mental health services provider in your area that you can tell a client about if their specific situation potentially necessitates such resources.
In conclusion, practicing with an awareness of the client as a whole is important in all fields of law, and can have potential consequences ethically and legally as an attorney. While being an entrepreneur can be difficult, it is also important to remember that work is often an exciting passion for that client and that an awareness of these issues does not mean walking on eggshells or coddling a client; rather, it means overcoming the communication obstacles presented by mental health and emotional challenges, enabling the client to pursue their goals with a full understanding of their options, and sorting through and simplifying the legal stresses of their passion.
Inspired by my peer reviewer, Aaron Holland’s key takeaway section…
Key takeaways for entrepreneurs: Being an entrepreneur can be exciting and fulfilling…it can also be very stressful and correlates with mental health challenges. Take care to reach out to a healthcare professional as needed and if you don’t understand something that your attorney explains, always ask for clarification. Not only is this important for you as a person, but also can have drastic impacts on the success of your business!
Key takeaways for attorneys: Don’t assume your entrepreneurial client is an emotionally void case – the stakes can be extremely high for the entrepreneurial client, and it is your ethical duty to explain things so that they understand their options. Make sure you are keeping your client informed and updated effectively, and be aware that no matter how sophisticated a client may be, mental health and stress can pose a barrier to communication with anyone.
Not a lawyer,
Anne
This post has been reproduced with the author’s permission. It was originally authored on March 28, 2021, and can be found here.
Anne Horissian, at the time of this post, is a third-year law student at Penn State Dickinson Law. She is from a big family in the very small town of Meadowview in Southwest Virginia. She will graduate with a JD and certificate in Health Law in May 2021.
Sources:
Bartik, Alexander W., et al. “The Impact of COVID-19 on Small Business Outcomes and Expectations.” PNAS, National Academy of Sciences, 28 July 2020, www.pnas.org/content/117/30/17656.
“Communication under Stress.” HPRC, www.hprc-online.org/social-fitness/teams-leadership/communication-under-stress.
Murray-Serter, Dan. “Why Entrepreneurs Need To Talk About Their Mental Health.” Forbes, Forbes Magazine, 9 Oct. 2020, www.forbes.com/sites/danmurrayserter/2020/10/04/why-entrepreneurs-need-to-talk-about-their-mental-health/.
Nottingham, Kerri. “Lawyers as Counselors: Preparing Law Students and Practitioners to Face Clients’ Mental Health Concerns.” Campbell Law Observer, 15 June 2019, campbelllawobserver.com/lawyers-as-counselors-preparing-law-students-and-practitioners-to-face-clients-mental-health-concerns/.
“Rule 1.4: Communications.” American Bar Association, www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_4_communications/.
“Seven Ways Lawyers Can Reduce Clients’ Stress.” Attorney at Work, 24 June 2019, www.attorneyatwork.com/seven-ways-lawyers-reduce-clients-stress/.
Vertel, Ann. “Don’t Let Imposter Syndrome Derail Your Business.” Entrepreneur, Entrepreneur, 11 Sept. 2019, www.entrepreneur.com/article/337342.
