Are you seeing more personality disorders in litigation – yes, I can tell you that I am . . .

The DSM-5 (Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition) classifies 10 primary personality disorders into three Clusters based on shared symptoms – and yes, I am seeing more of these disorders in personalities and relationships in litigation.

I have done litigation, trials, and mediation for a long time, but whether it is simply timing or a long-term trend, since 2019 I have had and seen more cases and situations where an opposing party wasn’t simply presenting aggressive legal advocacy for their position but exhibited a pervasive lack of empathy, need to be control, need to win or to be the winner, or need to be seen as the person who is right and the winner, lying (gaslighting, fraud and deceit – including by omission, obfuscation, hiding, or selectively using, spinning or twisting or misrepresenting facts, the situation, information, documents and evidence), bullying, undue influence, excessive or wrongful persuasion, unreasonable delay tactics, the gambler, theft and stealing, the thief, working for or concocting “gotcha” moments, or a pervasive lack of ability to reasonably evaluate or acknowledge the weaknesses in their side and that the other sides also have strengths. And correspondingly, they cannot allow the other person to have success, or to be right, or to win, or to prove them wrong, or to appear so.

I have also provided below a copy of my undue influence eBook, a link to a discussion about abuse of process, and my personality and relationship scale.

The personality disorders that I see most often in litigation are Cluster B disorders, but they tend to be strong Cluster B disorders – in other words, we are not simply talking about aggressive legal advocacy. Unfortunately, through their strategies and tactics such a party’s position can seem correct or plausible to an outside viewer. It often takes considerable time and effort to disprove their position – it is easy to make several short or one- or two-sentence untrue arguments or positions or allegations – it takes considerably greater effort to then disprove the untruths. Of course, the intent of the wrongdoing party is to prevail, even through what might be an unlawful abuse of process – I have found that the only way to defeat the wrongdoing party is to effectively present the truth, fight against the wrongdoing party and not give in, and show as many as possible of the wrongdoing party’s untruths, falsities and fallacies. You might in the end sufficiently convince the wrongdoing party that she or he has significant weakness and might lose, but you cannot count on that happening and you do need to prepare for trial and have the resolve that the disputes will go to trial.  

The following is a summary of the DSM-5 Clusters and personality (and relationship) disorders.

Cluster A personality disorders (odd or eccentric) –

Paranoid – Pervasive distrust and suspicion of others.

Schizoid – Detachment from social relationships and a restricted range of emotional expression.

Schizotypal – Acute discomfort with close relationships, and cognitive or perceptual distortions and eccentricities.

Cluster B personality disorders (dramatic, emotional, erratic, disregard, or lack of empathy) –

Antisocial – A pervasive pattern of disregard for and violation of the rights of others. 

Borderline – Instability in interpersonal relationships, self-image, and affects, and marked impulsivity. 

Histrionic – Excessive emotionality and attention-seeking.

Narcissistic – Grandiosity, a need for admiration, and a lack of empathy.

Cluster C personality disorders (anxious or fearful) –

Avoidant – A pervasive pattern of social inhibition, feelings of inadequacy, and hypersensitivity to negative evaluation.

Dependent – A pervasive and excessive need to be taken care of that leads to submissive and clinging behavior and fears of separation.

Obsessive-compulsive – A pervasive preoccupation with orderliness, perfectionism, and control.

The following is my personality and relationship scale. As the scale moves to the right the personality or relationship becomes more troubling, dysfunctional and damaging to other people – you need to protect yourself, be prudent out there, and avoid or get out of or stay away from some personalities and relationships:

The following is a copy of my eBook How Undue Influence Can Disrupt an Estate Plan:

The following is a link to my post discussing the increasing use of litigation for an unlawful abuse of process: https://tateattorney.com/2025/09/15/abuse-of-process-i-am-seeing-more-cases-and-litigation-that-at-least-suggest-that-one-of-the-parties-is-using-the-litigation-for-an-unlawful-abuse-of-process/

Best to you, David Tate, Esq.

Please reach out on this topic or on other topics if you wish.

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Thank you for viewing and reading this discussion. Please do pass this blog and blog post and information to other people who would be interested as it is only through collaboration and sharing that great things and success are more quickly achieved. If you are interested in discussing anything that I have said in the discussion above or in either of my two blogs (see blog addresses below), or if you simply want to reach out or are seeking assistance, it is best to reach me by email at dave@tateattorney.com.

David Tate, Esq. (and inactive CPA)

Trust, estate, probate, power of attorney, fiduciary, beneficiary, conservatorship, and elder and dependent adult abuse litigation and contentious administrations, undue influence, fraud and deceit, physical and mental health and challenging and contentious personalities and relationships.

Trust, estate and probate administrations and litigation involving special assets such as business ownership interests and operating businesses, asset co-ownership disputes, contentious governance, intellectual property assets, art and collectible assets, ongoing future contractual rights, buyouts and sales, M&A disputes, businesses divorces, and accountings.

Businesses and third party disputes and litigation – contract, licensing, co-business, royalty and other arrangements, unfair business practices, fraud and deceit, lack of good faith and fair dealing, buyouts and sales, mergers, acquisitions, ventures, etc.

Business co-ownership and internal governance disputes and litigation, business divorces, buyouts and sales, merger and acquisition disputes, family, closely held and professional businesses, accountings, and audits, D&O, boards, audit committees and investigations. Legal authority, rights, duties, conflicts of interest, diligence, compliance, liability, BJR, legal risk management, and resolution.

Real property and financial and personal property ownership and co-ownership disputes and litigation.

Trials.

Mediator and dispute and litigation resolution services.

Legal risk and uncertainty management processes – authority, rights, duties, conflicts of interest, governance, diligence, compliance, liability, and resolution.

Other and additional disputes, litigation and issues that fall within the above areas – court and trial evidence, persuasion, debate and fallacies, using AI assistance, IP, meetings, defamation, risk management processes, workplace, new laws, regulations and government actions – impact/legality, law and legal matters in the news, etc.

Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation, or as or for my opinions and views on the subject matter.

Also note – sometimes I include links to or comments about materials from other organizations or people – if I do so, it is because I believe that the materials are worthwhile reading or viewing; however, that does not mean that I do not or that I might not have a different view about some or even all of the subject matter or materials, or that I necessarily agree with, or agree with everything about or relating to, that organization or person, or those materials or the subject matter.

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My blogs are:

http://tateattorney.com – business, D&O, audit committee, governance, compliance, etc. – previously at http://auditcommitteeupdate.com

Prior blog: Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com

David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.