Limited scope representation. At the beginning of a case where the story told by the client seems extraordinary, rather than steering clear and not working with the client, consider doing a limited scope legal services agreement where you take the case initially to investigate and assess the case and client. Tell the client you need to do some investigation before you are willing to take them on and request a fee deposit for just a few hours of time. Review the documentation your client has to support their concern, legal pleadings if any have been filed, internet search the parties and possibly call some witnesses to see if others corroborate the client’s story. This initial process also gives you a chance to see how the client communicates with you and your staff. Many times, my paralegal and I have been surprised that the truth in a case is just as crazy as it sounded in the consult and my advocacy really made a difference. Several times I have also been able to avoid getting into a case that would have been a disaster while also giving the client some helpful direction. Screen for Domestic Violence. The Multnomah Family Court Enhancement Project (FCEP) put together an excellent screening tool3 for family law attorneys a few years ago. Domestic Violence, its existence and the extent of it, is hard to assess in an initial consultation. Surviving intimate partner violence and abuse is embarrassing and hard to talk about with a complete stranger. Learn some of the questions you can ask to get at the true nature of the relationship. These questions approach this sensitive topic in different ways. Fear, lack of sleep and other consequences of intimate partner violence can look like mental health issues. Forensic Specialists. Once the client is on board to investigate, and if the client can afford it, consider hiring a forensic computer specialist to review a computer or cell phone for spy wear or anything else that seems fishy — this can usually be done for relatively minimal cost. Clients worried about being tracked in my experience are more than happy to pay for this service because it gets to the heart of their concern. That being said, clients experiencing delusions or extreme paranoia won’t believe the outcome anyway and may become convinced you or the forensic specialist are in on the conspiracy. This is the time to withdraw or let the client know you won’t be able to represent them in their divorce or custody case. Mental Health Provider. Another successful thing I have done is ask clients to sign a release of information (ROI) for me to speak with their therapist — most clients exhibiting concerning behavior currently or have worked historically with a therapist. I once made this call and learned from the therapist my client had a delusional disorder that was untreatable and only going to get worse. It was heartbreaking to know this client was not going to get better. ”Getting family or a trusted friend involved sooner rather than later may also move the process toward a guardianship or conservatorship if the client needs this level of support.” ”See if [the client is] willing to include a trusted family member or friend.…” See Clients With Diminished Capacity p. 48 47 Trial Lawyer | Summer 2024
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