Bill, in a nutshell, what is the definition of a high-conflict personality?
Basically, when a person has a high-conflict personality, he or she is stuck in conflict. It’s part of who they are. The issue’s not the issue. They will just find another issue to fight about the same way. It’s how they routinely think, feel, and act. Because it’s part of their personality, they can’t see it. They can’t see that their behavior is out of line or “over-the-top.” It feels necessary and normal to them even though everyone around them can see that the person—who I call an HCP—is acting very inappropriately. It’s hard to believe, but they really lack self-awareness of how inappropriate they are. And you can’t “make” them see it like you can’t make a blind person see. HCPs just get defensive when you give them negative feedback, and often escalate the conflict even more. Q. How can we determine if opposing counsel’s lack of civility is fostered by their own high-conflict personality, as opposed to zealous representation? In other words, in practice, what kind of behavior, or
