Department of Conflict Resolution Studies Theses and Dissertations

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Date of Award

2024

Document Type

Dissertation - NSU Access Only

Degree Name

Doctor of Philosophy

Department

Halmos College of Arts and Sciences - Department of Conflict Resolution Studies

First Advisor

Urszula Strawinska-Zanko

Second Advisor

Robin Cooper

Third Advisor

Mary Hope Schwoebel

Keywords

attorney behavior, attorney-client conflict, attorney-client relationship, classical grounded theory, client outcomes, conflict resolution, countertransference, divorce, divorce process, family law, Glaserian Grounded Theory, human behavior, law practice, legal psychology, mindfulness, mitigation strategies, psycho-legal theory of countertransference, psychology and law, qualitative research, relationship dynamics, self-awareness, settlement negotiation, unconscious bias, unconscious thoughts

Abstract

When we think of divorce, we think of conflict between the spouses, but there is anothertype of conflict that can potentially take place and that is between the attorney and client. That conflict is the basis of this research. The practice of family law has historically been about the attorney getting the ‘best’ settlement for their client. Still, there is more that goes into the divorce process than the final written settlement. Everyday attorneys are dealing with human beings, not just clients and along with that relationship comes human behavior on both sides. One of the contributing factors to the client’s divorce process and the outcome can stem from the unconscious thoughts and behavior of the attorney, which in turn can influence the relationship he/she has with the client (countertransference). Consequently, this unrecognized behavior can quite possibly impact the client’s divorce process negatively. This qualitative study, specifically Glaserian Grounded Theory, also known as Classical Grounded Theory, explores mindfulness, self-awareness and countertransference and how they intersect in the attorney-client relationship. This study answers the following questions: 1) How does countertransference affect the attorney- client relationship? 2) How does countertransference impact the client’s divorce process? 3) How do attorneys recognize when countertransference is taking place? 4) How do attorneys mitigate its effects? From this research, The Psycho-Legal Theory of Countertransference was developed. This theory brings to the forefront the importance of understanding basic psychology concepts in the practice of law to avert potential conflict between the attorney and the client.

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