2 minute read
JIM BROWN ARTICLE
by NADR
THE UNCONTROLLABLE CLIENT
JAMES BROWN
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Have you ever had a client who was a loose cannon at a hearing? One lawyer did and it resulted in an inquiry letter from OGC. The client told the lawyer during hearing prep that he didn’t like having to answer the same questions over and over for Social Security. “Why in the F*** couldn’t they just have something where I could click something if there were no changes in who the doctors were, past work etc?” He told the attorney he would refuse to answer any questions for the judge if he had already provided the answers. At the hearing the judge asked him to state his social security number and he had his first tantrum telling the judge he already knew it because it was on the notice of hearing he received. The judge then asked about past work and he said, “What kind of f****** idiot are you? I have filled out six different forms with that information and it is the same every time. This is bull*** if you are unable to read what I have already filled out.” The attorney interjected and asked if there had been any change in his work since the claim was filed, and he said no. The judge then asked him what doctors he was seeing, and all hell broke loose. He let the judge know he was a “f****** a****** for wasting his time, the lawyer’s time and the expert’s time by asking stupid questions…” that he already had the answers too. He made a couple of threats about how the judge didn’t deserve to be paid because of his incompetence. The judge ended the hearing and issued a show cause for why he should hold a supplemental hearing. The lawyer filed an answer citing the claimant’s mental problems. The judge denied the claim and filed a complaint against the lawyer. In my response, I wrote that this attorney had never experienced a claimant such as this one previously. He has now changed his procedures for claimants who may be difficult. He will include a statement in his pre-hearing memo about the problems his client is having. Whenever possible he will get a statement from the attending physician about why his client is having these problems. If any answers such as this occur at the hearing he will interrupt and try to calm the client down by asking a question such as, “Are you still seeing all of the doctors you put on the form? You aren’t seeing any others, are you?” I assured the OGC attorney that my client would be prepared in the future. Are you prepared should your client have an outburst? Have you warned them never to have one? Getting your client ready to respond to the AU should begin early in your representation. When they ramble, remind them to start practicing for their hearing by giving short answers. When they are angry, remind them to practice for the hearing by being calm. That case should have been an easy win if the client was properly prepared. James Mitchell Brown has represented almost 100 representatives when they receive complaints from the Office of General Counsel. He can be reached at jim@attorneyconsultant.com.
