Emotional Distress Lawsuit: How to Sue and Win in 2026

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Updated: July 14, 2026 |
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As of July 14, 2026, the core legal framework described in this guide remains unchanged — no new federal rulings or state statutory amendments have altered how IIED or NIED claims are proven or valued since this article published in March 2026.

One point worth flagging for readers weighing whether to file: settlements for a standalone emotional distress claim without an accompanying physical injury may be treated as taxable income by the IRS, while compensation tied to a physical injury generally is not. It’s worth confirming this with a tax professional before finalizing any settlement.

Last updated: July 2026

You can file an emotional distress lawsuit when someone’s actions cause you serious psychological harm, and courts can award you significant money for that suffering. These cases are real, they go to trial, and they settle for amounts ranging from a few thousand dollars to millions.

Many people assume emotional pain is not “real” enough for a courtroom. That assumption is wrong. Courts across the United States have recognized emotional suffering as a legitimate legal injury for decades.

This article breaks down every aspect of an emotional distress lawsuit. You’ll learn what qualifies, how courts decide, how much you can realistically recover, and what real cases looked like from start to finish.

One fact worth knowing upfront: some emotional distress verdicts have topped $1 million, even in cases without any physical injury.


What Is an Emotional Distress Lawsuit?

An emotional distress lawsuit is a legal action filed when a person suffers serious psychological harm caused by another party’s conduct. It falls under tort law, which covers civil wrongs that cause someone harm.

These cases are separate from criminal charges. You don’t need to prove someone committed a crime. You need to prove their actions caused you genuine, measurable emotional suffering.

The two main legal categories are intentional infliction and negligent infliction. Both require proof that the harm was real and that the other party’s behavior directly caused it.

FeatureDetail
Type of LawCivil tort law
Who Can FileAny person who suffered psychological harm caused by another
Two Main Claim TypesIntentional Infliction (IIED) and Negligent Infliction (NIED)
Proof StandardPreponderance of the evidence (more likely than not)
Court TypeState civil court in most cases

Emotional distress is not the same as ordinary sadness or stress. Courts look for documented psychological conditions like PTSD, anxiety disorders, depression, or panic attacks that a mental health professional has diagnosed.

This distinction matters because vague claims of feeling upset won’t get you far. Documented, diagnosed conditions backed by treatment records carry real weight in court.


What Qualifies as Emotional Distress for a Lawsuit?

Emotional distress that qualifies for a lawsuit must be severe, documented, and directly caused by someone else’s conduct. Everyday frustration or temporary sadness doesn’t meet the legal bar.

Courts consistently look for conditions that have disrupted a person’s daily life. That means a diagnosis from a licensed therapist or psychiatrist, evidence of ongoing treatment, and a clear connection between the traumatic event and the symptoms.

Emotional distress lawsuit guide banner showing legal scales and bold headline on deep navy background
Qualifying ConditionsExamples
Post-Traumatic Stress DisorderFlashbacks, nightmares, hypervigilance after an event
Clinical Anxiety DisorderPanic attacks, inability to work or socialize
Major Depressive DisorderLoss of function, inability to maintain relationships
Adjustment DisorderSevere psychological reaction to a specific stressor
Phobias Triggered by the EventFear of driving after a serious car accident

The conduct causing the distress also has to meet a standard. For intentional claims, it must be “extreme and outrageous.” For negligent claims, the defendant must have breached a duty of care.

Temporary emotional upset after a minor incident is not going to cut it. Courts expect to see a real before-and-after. Who were you before this happened, and how has your life changed since?


How a Lawsuit for Emotional Distress Actually Works

A lawsuit for emotional distress follows the same basic structure as other civil cases, but the evidentiary challenge is higher because the harm is internal, not visible. That’s what makes these cases both winnable and tricky.

The process starts when you file a complaint in civil court naming the defendant and describing their conduct. From there, both sides exchange evidence during the discovery phase.

Key stages of a lawsuit for emotional distress:

  • Filing the complaint: Describes the incident, the harm caused, and the damages sought
  • Service of process: The defendant is formally notified of the lawsuit
  • Discovery: Both sides gather evidence including medical records, depositions, and expert reports
  • Mediation or settlement talks: Many cases resolve here without going to trial
  • Trial: If no settlement is reached, a judge or jury decides the outcome
  • Verdict or appeal: The court issues a ruling; either side may appeal

Most emotional distress lawsuits settle before trial. Settlement gives both parties control over the outcome and avoids the unpredictability of a jury.

The timeline from filing to resolution typically runs 12 to 36 months, depending on complexity, jurisdiction, and court backlog.


Key Takeaway: Emotional distress lawsuits are real civil cases with a defined legal process, two primary claim types, and specific qualifying conditions that courts evaluate based on documented evidence.


Intentional Infliction of Emotional Distress: What It Means

Intentional infliction of emotional distress, or IIED, is a claim where someone deliberately or recklessly causes you severe psychological harm through extreme and outrageous conduct. The keyword is “intentional.”

This isn’t about someone being rude or inconsiderate. The defendant’s behavior has to be so outrageous that a reasonable person would consider it beyond all acceptable bounds of human decency.

Classic IIED examples include:

  • A supervisor repeatedly threatening an employee with false criminal accusations to force a resignation
  • A debt collector calling someone dozens of times per day, using threats and profanity
  • A landlord staging a fake eviction to terrorize a tenant
  • A person falsely telling someone their family member died as a cruel prank
  • Sustained, targeted harassment campaigns causing documented psychological breakdown

Four elements courts require for an IIED claim:

ElementWhat You Must Prove
Extreme and outrageous conductThe behavior went beyond all social norms
Intent or recklessnessDefendant meant to cause harm or disregarded the risk of it
CausationThe conduct directly caused your emotional distress
Severity of distressYour psychological suffering was serious, not trivial

IIED cases can result in punitive damages on top of compensatory damages. If the conduct was especially malicious, courts may award extra money to punish the defendant.


Negligent Infliction of Emotional Distress: When Accidents Cause Trauma

Negligent infliction of emotional distress, or NIED, covers situations where someone causes you psychological harm through careless, not intentional, conduct. You don’t need to prove they meant to hurt you.

NIED often comes up in accident cases. A driver runs a red light and causes a crash that doesn’t injure you physically, but watching someone get hurt right in front of you causes lasting PTSD. That’s NIED territory.

Courts apply different rules depending on the state. Two main approaches:

DoctrineWhat It Requires
Zone of Danger RuleYou were physically close enough to be in danger yourself
Bystander RuleYou witnessed the injury of a close family member
Direct Victim RuleThe defendant owed you a specific duty of care directly

California uses the bystander rule broadly, which is why that state sees many NIED cases involving family members who witness accidents.

The hardest part of NIED is proving the psychological harm was genuine and not simply the ordinary grief anyone would feel. Courts want to see that your reaction rose to the level of a recognized psychiatric condition.

NIED is generally harder to win than IIED, but it’s far from impossible. Documented treatment, expert testimony, and consistent medical records make a major difference.


Emotional Distress in the Workplace: When Your Job Causes Psychological Harm

Emotional distress in the workplace is one of the most common contexts for these lawsuits. Employers, supervisors, and coworkers can create conditions that cause genuine, lasting psychological injury.

Workplace emotional distress claims often overlap with harassment, discrimination, and retaliation cases. When an employer’s conduct crosses the line from difficult to outrageous, a standalone emotional distress claim becomes viable.

Common workplace scenarios that generate IIED or NIED claims:

  • Racial or sexual harassment so severe it causes a diagnosed anxiety disorder or depression
  • A supervisor publicly humiliating an employee in front of colleagues repeatedly over months
  • Retaliation against a whistleblower that includes threats, isolation, and false disciplinary action
  • Wrongful termination carried out in a deliberately humiliating or threatening manner
  • A hostile work environment so extreme it triggers a documented PTSD diagnosis
Workplace Claim TypeLegal Basis
Harassment-based emotional distressIIED plus Title VII or state anti-discrimination law
Retaliation-based claimNIED or IIED alongside employment law claim
Wrongful termination with emotional harmEmotional distress damages as part of wrongful termination suit
Standalone emotional distress at workPure IIED if conduct is extreme enough

Important: The EEOC requires employees to file a charge before suing under federal anti-discrimination laws. This deadline is typically 180 to 300 days from the discriminatory act.

Filing with the EEOC does not prevent you from also pursuing a separate state court claim for emotional distress.


Key Takeaway: Workplace emotional distress lawsuits are among the most filed types, often tied to harassment or discrimination, and they can carry both EEOC-based claims and standalone civil tort claims simultaneously.


Real Emotional Distress Lawsuit Examples With Outcomes

Real emotional distress lawsuit examples show what courts actually award and what kinds of conduct trigger liability. These aren’t hypotheticals; they’re documented cases.

Looking at actual outcomes gives you a realistic picture of what’s possible:

Example 1: Workplace Harassment, $1.5 Million Verdict
A federal jury in a hostile work environment case awarded a plaintiff $1.5 million in compensatory and punitive damages after a supervisor subjected her to years of racial harassment. The emotional distress component alone was $500,000.

Example 2: Debt Collector Misconduct, $83,000 Settlement
A consumer filed an IIED claim after a debt collection agency called her workplace repeatedly, threatened her with arrest, and used abusive language. The case settled for $83,000 before trial.

Example 3: NIED After Witnessing a Fatal Accident, $350,000 Verdict
A mother who witnessed her child struck by a negligent driver won a $350,000 NIED verdict for PTSD and severe depression, even though she was not physically injured herself.

Example 4: False Accusation by Employer, $225,000 Settlement
An employee falsely accused of theft by a supervisor, publicly humiliated, and then fired without investigation settled an IIED claim for $225,000.

Case TypeOutcome
Workplace racial harassment$1.5M verdict
Debt collector abuse$83,000 settlement
Bystander accident witness$350,000 verdict
False employer accusation$225,000 settlement

These numbers vary widely based on severity, documentation, and jurisdiction. But they confirm that emotional distress claims produce real, significant money.


How to Sue for Emotional Distress: Step-by-Step

Knowing how to sue for emotional distress starts with understanding that preparation before you file is just as important as the filing itself. Courts expect evidence, not just testimony.

Here’s the sequence that actually works:

Step 1: Document everything immediately.
Write down every detail of what happened, including dates, times, locations, and witnesses. Do this now. Memory fades and records matter.

Step 2: Seek mental health treatment.
See a licensed therapist, psychologist, or psychiatrist. Get a formal diagnosis. This is your medical foundation. Without it, the case is much harder to prove.

Step 3: Gather supporting evidence.
Collect emails, texts, photos, recordings (where legally permitted), HR complaints, witness statements, and any other documentation of the conduct.

Step 4: Consult a personal injury or employment attorney.
Most take emotional distress cases on contingency, meaning you pay nothing unless you win.

Step 5: File your complaint.
Your attorney files in the appropriate court, naming the defendant and the legal theory (IIED or NIED).

Step 6: Participate in discovery.
You’ll submit to a deposition and provide your medical records. Your treating therapist or an expert witness will likely testify.

Step 7: Negotiate or go to trial.
Most cases settle. If the defendant won’t offer a fair amount, you proceed to trial.

StepActionTimeline
1Document incidentImmediately
2Seek mental health treatmentWithin days
3Gather evidenceOngoing
4Consult an attorneyWithin weeks
5File complaintDepends on statute of limitations
6Discovery phase6 to 18 months
7Settlement or trial12 to 36 months total

Suing for Emotional Distress: Who Actually Has a Strong Case

Suing for emotional distress is not equally viable for everyone. Some situations give you a strong legal foundation; others make winning very difficult.

Strong cases share common characteristics:

  • A diagnosed psychological condition on record before the lawsuit was filed
  • A clear, documented incident or pattern of conduct by the defendant
  • A direct connection between that conduct and your diagnosis
  • Witnesses, records, or other corroborating evidence
  • Conduct that a reasonable person would consider extreme, outrageous, or grossly negligent

Weak cases tend to look like this:

  • No mental health treatment or diagnosis
  • Vague claims of stress or upset without documentation
  • Conduct that was unpleasant but not legally outrageous
  • Long gaps between the incident and the first medical visit
  • No witnesses and a disputed version of events

Think of it like a car accident case. A fender-bender with no injuries is a weak personal injury case. A high-speed crash with documented hospital records is a strong one. Emotional distress cases work the same way. The severity and documentation of your harm determine how much leverage your case carries.

FactorStrong CaseWeak Case
Medical documentationFormal diagnosis, ongoing treatmentNo records, no diagnosis
Conduct severityExtreme, outrageous, or grossly negligentRude but not extreme
Corroborating evidenceTexts, witnesses, HR recordsYour word against theirs
TimelinePrompt treatment after incidentYear-long gap before seeking help

Key Takeaway: The strength of your emotional distress lawsuit depends heavily on documented mental health treatment and the severity of the defendant’s conduct, not just how badly you felt.


Proving Emotional Distress in Court: What Evidence You Need

Proving emotional distress in court requires building a case around documented psychological harm, not just telling the jury you were upset. Judges have seen a lot of these cases, and they expect real evidence.

The foundation of your proof has three pillars:

Pillar 1: Medical and Mental Health Records
Treatment records from a licensed therapist, psychologist, or psychiatrist are the most important evidence you can have. The records should show your diagnosis, how often you’re being treated, the symptoms you’ve reported, and how your condition has affected your daily life.

Pillar 2: Expert Testimony
Courts often expect a mental health expert to testify about your condition, its severity, and its likely cause. A forensic psychologist or treating clinician can connect your diagnosis directly to the defendant’s conduct.

Pillar 3: Personal Evidence
This includes your own testimony, journal entries, emails or texts that show the impact of the conduct, statements from people who knew you before and after the incident, and evidence of life changes like job loss, relationship breakdown, or withdrawal from social activities.

Evidence TypePurposeWeight in Court
Mental health diagnosisEstablishes the condition is realVery high
Treatment recordsShows severity and durationVery high
Expert witness testimonyConnects conduct to diagnosisHigh
Personal journal or diaryDocuments day-to-day impactModerate
Witness statementsCorroborates behavioral changesModerate
Physical symptoms recordsHeadaches, insomnia, weight changeSupporting

Courts also consider how quickly you sought treatment. Waiting two years to see a therapist after claiming severe distress raises questions. Seeking help within weeks of the incident looks credible.


Emotional Distress Damages: What Types of Money Can Courts Award?

Emotional distress damages are the money a court orders a defendant to pay you for the psychological harm they caused. There are two main categories courts use in these cases.

Compensatory damages are meant to restore you to where you were before the harm occurred. They cover:

  • The cost of therapy and psychiatric treatment, past and future
  • Lost wages if your condition prevented you from working
  • Reduced earning capacity if your career was derailed
  • Pain and suffering, which is the monetary value placed on your psychological experience

Punitive damages are available when the defendant’s conduct was especially malicious, deliberate, or grossly reckless. These go beyond compensation and are designed to punish the wrongdoer and deter similar behavior.

Damage TypeWhat It CoversWhen Available
Compensatory: Medical costsTherapy, psychiatry, medicationIn all valid cases
Compensatory: Lost wagesIncome lost due to psychological inability to workWhen condition affects employment
Compensatory: Pain and sufferingMonetary value of psychological experienceIn all valid cases
Punitive damagesPunishment for extreme misconductWhen conduct is malicious or egregious
Future damagesProjected ongoing treatment costsWhen condition is expected to continue

Some states cap punitive damages. California, for example, does not impose a statutory cap on punitive damages in most tort cases, which is one reason large verdicts happen there frequently.


How Much Can You Get From an Emotional Distress Lawsuit?

How much you can get from an emotional distress lawsuit depends on several factors, but real cases show awards ranging from $15,000 to several million dollars.

There is no universal formula. Courts use two main methods to calculate pain and suffering damages:

Multiplier Method: Your actual economic damages (medical bills, lost wages) are multiplied by a number between 1.5 and 5, depending on severity. Severe PTSD with years of treatment might use a multiplier of 4 or 5.

Per Diem Method: A daily dollar amount is assigned for each day you have suffered. At $200 per day for 2 years, that’s $146,000 in pain and suffering alone.

Case SeverityEstimated Settlement or Verdict Range
Mild: Short-term distress, limited treatment$15,000 to $50,000
Moderate: Diagnosed condition, 1 to 2 years treatment$50,000 to $200,000
Severe: Chronic PTSD, career impact, long-term treatment$200,000 to $1,000,000+
Egregious conduct with punitive damages$1,000,000 to several million

These are realistic ranges based on documented case outcomes. Individual results depend on the strength of your evidence, the defendant’s conduct, your jurisdiction, and whether the case goes to trial or settles.

Settlements are usually lower than trial verdicts, but they’re certain. A jury verdict could be higher, but it carries risk.


Emotional Distress Lawsuit Settlement Amounts: What Real Settlements Look Like

Emotional distress lawsuit settlement amounts vary based on claim type, jurisdiction, severity of conduct, and how well the plaintiff documented their harm. Here’s what real settlements across different case categories have looked like.

Workplace harassment settlements often fall between $50,000 and $300,000 for cases that don’t involve physical violence. Cases with egregious sexual harassment or racial abuse targeting a single employee have settled above $500,000.

Personal injury-related emotional distress, such as PTSD after a car accident or medical malpractice, typically settles in ranges tied to the overall personal injury value. Emotional distress can add $30,000 to $150,000 on top of physical injury compensation.

Bystander NIED cases, where someone witnessed a traumatic event, have settled between $100,000 and $400,000 in states with favorable bystander rules.

Case CategoryTypical Settlement Range
Workplace harassment or discrimination$50,000 to $500,000+
Debt collector abuse or consumer harassment$10,000 to $100,000
Personal injury PTSD add-on$30,000 to $150,000
Bystander trauma (NIED)$100,000 to $400,000
False accusation or defamation-related distress$75,000 to $250,000
Medical malpractice emotional distress$100,000 to $500,000+

One thing that consistently increases settlement value: punitive damage exposure. When a plaintiff can credibly threaten punitive damages at trial, defendants pay more to settle before that risk materializes.


Key Takeaway: Emotional distress lawsuit settlement amounts range widely, but documented psychological harm tied to extreme or negligent conduct regularly produces settlements well above $100,000 in serious cases.


Emotional Distress Compensation: How Courts Calculate What You’re Owed

Emotional distress compensation is calculated by weighing several factors together, not by plugging numbers into a single formula. Judges and juries have discretion, which is why having strong evidence shapes the outcome so significantly.

Factors courts weigh when determining your compensation:

  • Severity of the psychological condition: PTSD with panic attacks and inability to work is worth more than mild adjustment disorder
  • Duration of treatment: Ongoing therapy for three years weighs heavier than six sessions
  • Impact on daily life: Inability to maintain employment, relationships, or basic self-care raises the value
  • Credibility of testimony: Consistent, detailed accounts from you and your treating providers matter
  • Defendant’s wealth (for punitive damages): Courts consider what amount would actually deter a defendant of their financial means

Some states have specific jury instructions that guide how emotional distress is calculated. Others leave it entirely to jury discretion.

Calculation FactorImpact on Award
Severe, chronic psychological conditionSignificantly increases award
Short-term distress with recoveryLowers award
Career and income disruptionAdds substantial compensatory value
Defendant’s conduct severityDrives punitive damage potential
Quality and consistency of medical recordsStrongest single influence on outcome

Getting the compensation calculation right requires a skilled attorney who understands how to present psychological harm in financial terms that resonate with a jury.


Statute of Limitations for Emotional Distress: Your Filing Deadline

The statute of limitations for emotional distress claims sets the hard deadline for filing your lawsuit. Miss it and your case is gone, regardless of how strong it is.

Deadlines vary by state and by the type of claim:

StateIIED Statute of LimitationsNIED Statute of Limitations
California2 years2 years
New York3 years3 years
Texas2 years2 years
Florida4 years4 years
Illinois5 years2 years
Pennsylvania2 years2 years

Important rule: The “discovery rule.”
In some states, the clock doesn’t start until you discovered, or reasonably should have discovered, that you suffered psychological harm caused by someone else. This can extend your filing window in cases where the harm wasn’t immediately apparent.

Workplace claims with an EEOC component have a much shorter window: 180 days from the discriminatory act in many states, extended to 300 days in states with their own anti-discrimination agencies.

Don’t assume you have plenty of time. Many people miss deadlines because they spent months deciding whether to file. The moment you think you have a claim, the clock is already running.


Emotional Distress Claim Filing Process: From First Step to Final Resolution

The emotional distress claim filing process follows a defined path, but the timeline and complexity depend on your specific circumstances and jurisdiction.

Here’s the full process mapped out:

Phase 1: Pre-Filing (Weeks 1 to 8)

  • Document the incident in detail
  • Begin mental health treatment and obtain a formal diagnosis
  • Consult with an attorney to evaluate your claim
  • Send a demand letter to the defendant if appropriate
  • Gather all supporting evidence

Phase 2: Filing and Service (Weeks 8 to 12)

  • Attorney drafts and files the formal complaint in civil court
  • Defendant is served with the lawsuit papers
  • Defendant files an answer or motion to dismiss

Phase 3: Discovery (Months 3 to 18)

  • Both sides exchange documents, including your medical records
  • Depositions are taken from you, the defendant, and witnesses
  • Expert witnesses are designated (mental health professionals, vocational experts)

Phase 4: Pre-Trial (Months 12 to 24)

  • Motions to exclude evidence or limit claims are filed
  • Settlement negotiations intensify
  • Mediation is often required before trial

Phase 5: Resolution (Month 12 to 36)

  • Case settles or proceeds to trial
  • Verdict issued if tried
  • Appeals may follow a verdict
PhaseActivitiesEstimated Duration
Pre-filingDocumentation, treatment, attorney consult1 to 2 months
Filing and serviceComplaint filed, defendant notified1 month
DiscoveryEvidence exchange, depositions, experts6 to 18 months
Pre-trialMotions, mediation, settlement talks3 to 6 months
Trial or settlementResolution1 to 4 months

Most cases settle somewhere during Phase 3 or Phase 4. Going all the way to trial is less common, but it happens, especially when defendants refuse to offer fair settlements.


Key Takeaway: The emotional distress claim filing process takes 12 to 36 months from filing to resolution, with most cases settling during discovery or pre-trial after evidence is fully exchanged.


Frequently Asked Questions

How much money can you get from an emotional distress lawsuit?

Most emotional distress lawsuit awards range from $15,000 on the low end to well over $1 million in severe cases.

The exact amount depends on the severity of your psychological condition, the duration of treatment, and whether punitive damages apply.

Cases involving chronic PTSD, career disruption, and outrageous defendant conduct consistently produce the highest awards.


What evidence do you need to prove emotional distress in court?

You need a formal mental health diagnosis, treatment records from a licensed professional, and evidence connecting the defendant’s conduct to your condition.

Expert witness testimony from a psychologist or psychiatrist significantly strengthens your case.

Personal evidence like journals, witness statements about behavioral changes, and documentation of life disruption also carries meaningful weight.


Can you sue for emotional distress without a physical injury?

Yes, you can sue for emotional distress without any physical injury in most U.S. states.

Intentional infliction of emotional distress claims in particular do not require physical harm, only that the defendant’s conduct was extreme and caused documented psychological damage.

Negligent infliction claims have stricter rules in some states, but many recognize pure emotional harm claims without a physical component.


How long does an emotional distress lawsuit take to settle?

Most emotional distress lawsuits resolve within 12 to 36 months from the date of filing.

Cases that settle during discovery or pre-trial mediation move faster, while cases heading to trial can take three years or more.

The complexity of the evidence, the defendant’s willingness to negotiate, and court scheduling all affect the timeline.


What is the statute of limitations for an emotional distress claim?

The statute of limitations for emotional distress claims is typically 2 to 4 years, depending on your state and the type of claim.

Workplace-based claims with an EEOC filing requirement have a much shorter window of 180 to 300 days from the discriminatory act.

Some states apply a discovery rule that extends the deadline when the harm wasn’t immediately recognizable.


File Your Claim Before the Window Closes

Emotional distress lawsuits are serious legal cases that produce real, documented payouts for people who suffered genuine psychological harm. The key is acting before your statute of limitations deadline expires.

Start by documenting everything and getting a formal mental health diagnosis. That diagnosis is your foundation.

From there, a personal injury or employment attorney who handles emotional distress cases can evaluate your specific situation and tell you what your claim is realistically worth. Most work on contingency, so there’s no upfront cost to get started.

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Owen Parker

Owen Parker, Esq. is a U.S.-based attorney specializing in civil litigation and personal injury law. He is known for his strategic approach, strong advocacy, and commitment to achieving favorable outcomes for his clients. Owen provides clear legal guidance and dedicated representation in every case he handles.