CLE
Richard M. Hunt
Richard M. Hunt Hunt Huey PLLC
Dealing With Drama Staying Ethical and Professional With Challenging Clients and Counsel
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Dealing With Drama: Staying Ethical and Professional With Challenging Clients and Counsel

This one-hour CLE course gives lawyers real-world guidance on handling stressful and difficult professional situations — without stepping outside the bounds of the ethics rules. Using the ABA Model Rules and key ethics opinions, the program walks through how to manage demanding or unethical clients, set clear expectations in fee and engagement agreements, protect client confidentiality, and properly withdraw when necessary.

The second half focuses on dealing with opposing counsel who behave unprofessionally — including bullying, dishonesty, or delay tactics. We’ll also discuss how to document those interactions, when to step in as a bystander, and how to protect your client and your license if things escalate.

Whether you’re just starting out or need a reset on handling the human side of law practice, this session offers practical advice, ethical safeguards, and examples that are easy to apply right away.

Topics covered include:
Agenda:
  • Introductory Overview
    • Why this matters: common ethics pitfalls with clients and lawyers
    • Preview of key ABA Model Rules (1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.15, 1.16, 3.1, 3.2, 3.3, 3.4, 4.1, 4.4, 8.4)
    • Select ABA Formal Opinions referenced: 472 (limited scope), 477R (secure communications), 480 (public commentary), 496 (negotiations)

  • Part 1: Managing Difficult Clients
    • Core rules for the client relationship: 1.2 (scope), 1.4 (communication), 1.5 (fees), 1.6 (confidentiality), 1.15 (safekeeping property), 1.16 (ending)
    • Avoiding “scope creep” with clear engagement terms and closure protocols (Rule 1.2(c); FO 472/492 concepts)
    • Setting and managing communication expectations (Rule 1.4(a)-(b); secure comms under FO 477R)
    • Using FAQs and written tools to empower clients and reduce grievances (Rule 1.4(b))
    • Ethical red flags in client behavior (Rules 1.16(b), 3.3, 3.4, 4.1)
    • When a client pressures you to cross a line (Rules 1.2(d), 3.3, 1.6(b)(2)–(3), 1.16)
    • Toolkit wrap: engagement letter + FAQ + communications policy + withdrawal playbook

  • Part 2: Dealing With Difficult Lawyers
    • Core duties to opposing counsel and the tribunal (Rules 3.1, 3.2, 4.1, 4.4, 8.4; Preamble ¶9; Rule 1.3 cmt. 1 on diligence)
    • Civility vs. misconduct: gamesmanship, delay, sharp practice (Rules 4.4(a), 8.4(d))
    • Courtroom conduct & candor: cooperate on timing, correct misimpressions, avoid weaponized objections (Rules 3.2, 3.3; FO 496 on negotiation statements)
    • Protection checklist: confirm in writing, bring a witness, keep an incident log, escalate deliberately
    • “Active witness” bystander interventions to reset tone (Rules 4.4(a), 8.4(d))
    • The problem of bullying in the profession — key data (Illinois Commission on Professionalism, 2024) and why professionalism matters
    • Organizational responses and accountability (Rules 5.1, 5.3): policies, training, safe reporting, judicial tools/standing orders

  • Takeaways & Action Plan
    • Practical ethics safeguards for daily practice
    • Five steps to implement immediately to protect yourself, your clients, and your license
    • Rules reinforced: 1.4, 1.5, 1.16, 4.4, 8.4

  • Questions & Answers (as time permits)
Read More
Duration of this webinar: 60 minutes
Originally broadcast: November 19, 2025 11:00 AM PT
Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

Introduction
Richard Hunt, the speaker, is introduced as an experienced civil trial lawyer specializing in complex litigation and disability rights. Richard discusses the enduring challenges of dealing with difficult clients and opposing counsel, emphasizing the importance of ethics. He outlines the webinar's focus on understanding professional rules and developing strategies for managing challenging situations. Richard stresses the significance of communication with clients, noting common complaints about insufficient communication. He introduces the ABA Model Rules as a foundation for ethical client relationships, covering competence, representation scope, and more.
Ethical Guidelines and Client Relations
Richard emphasizes the importance of understanding and adhering to ethical guidelines, particularly regarding client confidentiality. Professionalism guidelines, though aspirational, are crucial and often enforced by peer pressure rather than courts. Richard discusses the importance of clearly defining the scope of representation to prevent client misunderstandings. He highlights the need for clear fee agreements to avoid client grievances and ensure clients understand the limits of representation. Richard advises lawyers to anticipate and manage difficult client behaviors to maintain professional relationships. He underscores the importance of setting clear expectations with clients to prevent misunderstandings and grievances.
Communication Strategies with Clients
Richard discusses strategies for managing difficult clients, emphasizing the importance of setting professional boundaries. He advises explaining ethical obligations to clients to prevent unrealistic expectations and inappropriate behavior. Richard highlights the need for clear communication with clients, especially in high-volume practices like personal injury law. He suggests providing clients with FAQs and routine updates to manage their expectations and reduce unnecessary inquiries. Richard stresses the importance of transparent billing practices as a form of communication with clients. He advises maintaining detailed records of communications and billing to support potential fee recovery in court.
Handling Difficult Clients and Withdrawal
Richard outlines the circumstances under which lawyers should withdraw from representing difficult clients. He emphasizes the importance of protecting professional integrity and avoiding conflicts of interest. Richard advises understanding local court rules regarding withdrawal and ensuring compliance with ethical obligations. He stresses the need for clear communication with clients about withdrawal, including providing status reports and final invoices. Richard discusses the importance of documenting discussions and actions related to withdrawal to protect against grievances.
Dealing with Difficult Lawyers
Richard discusses the impact of incivility among lawyers on public trust and the judicial system. He emphasizes the importance of professionalism and effective advocacy in maintaining client and public trust. Richard advises explaining to clients that opposing counsel is not their enemy and that professionalism aids effective advocacy. He outlines disciplinary guidelines that emphasize honesty, fairness, and expediting litigation. Richard highlights the negative consequences of incivility, including increased case costs and reduced client satisfaction.
Concluding Thoughts
Richard emphasizes the importance of civility and professionalism in the legal profession. He discusses the role of oaths and guidelines in promoting ethical behavior among lawyers. He highlights the long-term consequences of unprofessional behavior for a lawyer and their clients. Richard advises documenting unprofessional behavior and setting clear boundaries with difficult opposing counsel. He suggests seeking outside help or reporting impaired lawyers to maintain ethical standards. Richard emphasizes the importance of cooperation among lawyers to aid the court's function and avoid unnecessary conflicts. He highlights the importance of setting a good example for younger lawyers and maintaining ethical standards.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker
Richard M. Hunt
Richard M. Hunt Managing Partner
Hunt Huey PLLC

Richard is a Texas Board Certified Civil Trial Lawyer with more than forty years of experience representing businesses and individuals in litigation, arbitration, and mediation. His practice focuses on complex civil litigation and on the disability rights provisions of the Americans with Disabilities Act and the Fair Housing Act. Read More ›

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 Legal Ethics

Earn Credit Until: June 30, 2026

New Jersey CLE

Status: Approved

Credits: 1.20 Ethics/Professionalism

Earn Credit Until: November 18, 2026

North Carolina CLE

Status: Approved

Credits: 1.00 Ethics

Earn Credit Until: February 28, 2026

Ohio CLE

Status: Approved

Credits: 1.00 Attorney Professional Conduct

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Credits: 1.00 Ethics, Professionalism, or Substance Abuse

Earn Credit Until: December 31, 2027

Texas CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Earn Credit Until: October 31, 2026


This presentation is approved for one hour of Legal Ethics CLE credit in California, one hour of Ethics CLE credit in North Carolina, one hour of Attorney Professional Conduct CLE credit in Ohio, and one hour of Ethics, Professionalism, or Substance Abuse CLE credit in Pennsylvania. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. Of these, 1.20 qualify as total hours of credit for Ethics/Professionalism. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 1.00 credit hours will apply to Legal Ethics/Professional Responsibility credit.

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