Trial Magazine

The cases we handle can be very stressful for clients. Part of our job is to mitigate that stress by showing compassion in tense circumstances—especially to emotionally fragile clients. Identifying ways to ease their anxiety is crucial.

What to look for. Your overall approach depends on your early observations. Is the client nervous, angry, or scared? Factors that may affect a person’s ability to handle stress include age, personality type, and financial situation. Has the client suffered a trauma that may lead to outward displays of anxiety in public? Does the client speak awkwardly or curse often? Even speaking habits can provide clues about how someone will act under pressure.

Make clients comfortable. Most of your clients have never been through the litigation process, which can be nerve-wracking­. Walk them through depositions and trial ­testimony with straightforward questions and unambiguous terminology. Discuss what to expect from the other side: What will the defense attorney ask? How will he or she ask it? Is there a particularly uncomfortable question? Being deposed or ­questioned on the stand doesn’t have to be scary, if everyone is prepared.

Visit the courtroom early. A courtroom can be intimidating, but you can make it less threatening. Bring your client to the courtroom­. During the visit, tell your client who will be in the room, where they will sit, and what they will say.

Enlist support. A trusted confidant can defuse difficult situations. Seek out someone willing to handle the scheduling and logistical coordination on the client’s behalf. Encourage this person to show up for depositions and court appearances to put your client’s mind at ease.

Share information so the confidant can remind your client of any pertinent case details. But keep some caveats in mind. ­Conversations with your client may no longer be privileged if this person is physically present or on the phone. And the confidant might not be able to sit in on the deposition—but he or she can wait for your client outside.

Most important, be kind and thoughtful, and your client may turn out to be less fragile than you once believed.

Ken Levinson is a partner at Levinson and Stefani in Chicago. He can be reached at ken@levinsonstefani.com.