1976, June, Pg. 782. Clients' Emotional Problems in Dissolution of Marriage Cases.

• Author: by Lynn D. Feiger

5 Colo.Law. 782

Colorado Lawyer

1976.

1976, June, Pg. 782.

Clients' Emotional Problems in Dissolution of Marriage Cases

782Vol. 5, No. 6, Pg. 782Clients' Emotional Problems in Dissolution of Marriage Casesby Lynn D. Feiger and Alan D. FeigerLynn D. Feiger, Denver, is a private practitioner of the law. Alan D. Feiger, is a practicing psychiatrist in the Denver metro area. 783Clients in dissolution of marriage cases frequently come to their attorneys in considerable emotional distress. Clients are often very angry, depressed and ambivalent. More rarely the client exhibits symptoms of psychiatric "illness."

It is the intent here to discuss generally the kinds of emotional and psychiatric problems which are likely to confront the attorney and to enumerate some techniques which may be helpful to the attorney in dealing with such problems. These techniques include allowing ventilation and providing reassurance, "going slow" in litigation and settlement when appropriate, being aware of transference, recognizing and coping with psychiatric problems, referring the client to psychotherapists and outside agencies, and attempting to channel the client's energies into constructive channels.

Many attorneys dislike counseling clients with emotional problems and assume that the emotional problems of a client are an obstacle to be fended off by the attorney. A related assumption is that attorneys either should not permit the client to express his or her feelings or should exert strict controls on the expression of such feelings. It is not suggested that attorneys attempt to practice psychotherapy with their clients or go to great lengths to appease or put up with unreasonable clients. The techniques discussed here do assume, however, that effective representation of the client requires the attorney to deal with the client's distress, at least to the point of showing compassion, truly understanding the client's position and preventing the client from interferring with the representation of his own best interests.

Distress Is InherentDivorces are inherently upsetting to people. Inevitably a divorce means the loss of a relationship, albeit a predominately negative one. This loss must be mourned and resolved in the same manner as any other kind of a loss. According to psychiatrists, we generally feel angry when any family member leaves us, whether the loss results from our own actions or from death. But when the loss is through divorce and the client fails to adequately understand his role in the breakdown of the marriage, the client is even more likely to be overcome with feelings of anger, worthlessness and rejection.

A separation and pending dissolution of marriage may mean that, besides losing the spouse, the client has to make or

784contemplate making major terrifying life changes. The client may also be very ambivalent towards the divorce. Every attorney who handles divorce cases has had clients who have come in and requested a divorce and later changed their minds and reconciled. The client's ambivalence may also express itself in mixed messages to the attorney concerning a proposed settlement.In addition to dealing with clients suffering from emotional problems normally associated with divorce, the attorney may be confronted with clients suffering from true psychopathology. Existing psychopathology is often aggravated by the stresses involved in separation and divorce.

Ventilation and ReassuranceOne of the most important and fundamental techniques available to the attorney for helping to relieve his client's distress is to listen sympathetically and to encourage the client to...