Expert Advice

By Steve Albrecht
     
      Workplace Violence
      Securing Yourself Against Dangerous Clients
      The lethal risk to lawyers from angry current or former clients is neither a new problem nor is it going away. Whether you work as a sole practitioner in a small office or for a large firm in a downtown high-rise, you should consider increasing security for your own protection.
      When it comes to understanding how some people might turn dangerous toward their attorneys, two equations apply:
     
      Legal Problems
      +Courthouse or Law Office Visits
      +Emotional People
      _____________________________________
      Potential for Lethal Violence
     
     and

      Economic Stress
      +Mental Illness
      +Need for Revenge
      _____________________________________
      Potential for Lethal Violence
     
      In these uncertain times, when angry or irrational clients may be absolutely convinced you are responsible for all the problems in their lives, it helps to think about and plan for the unthinkable. Here are some safeguards you can take.
      Improve your access policies and practices. You don't need to give every attorney or staff member a photo ID badge to gain entry to your office, but it should not be easy to enter without going through a designated recep-tion area.
      Train your gatekeepers and reward them handsomely. Give the frontline foot soldiers your support, generous pay, praise, training, and guidance for successfully handling high-risk clients. Create emergency procedures, such as panic alarms, or telephone, intercom, or interoffice email "code words" they can use to alert you or other staff when they need help because a difficult client is in their work area.
      Don't ignore any type of threat. It's easy to rationalize that a threatening client is "just blowing off steam" or to convince yourself there's no real danger. All threats mean something. But often a paradox is at work, too: Threats are no predictor of future violence?many people make threats, but few carry them out. Be concerned as well about people who don't threaten you directly but who make threats through others.
      Don't give personal information to clients. There's no need to be unsociable with clients, but you should also be aware of professional boundaries. Do not reveal to them information about your family, home, neighborhood, finances, travel schedules, or vacation plans.
      Watch for boundary-probing. This behavior includes chronic emails and phone calls and, more disturbingly, angry and unannounced office visits. You should have significant concerns about irrational clients who have no further business with you but continue to show up at your office without an appointment, demand to see you, or contact you in the parking garage, your favorite restaurant, or?worst of all?at home.
      Be aware of prior legal actions involving potential new clients. In particular, take note of pro per actions, malpractice threats, and civil orders. In considering whether a client might merit safety and security concerns, ask yourself: Does the client have a history of unsuccessful vexatious litigation? Have you heard that he or she is lawyer-shopping and making frequent substitutions? Is the person on a first-name basis with the State Bar's complaint department? Is the client named in any protective orders, on either side of the stay-away fence?
      Track triggering events involving former clients. Pay attention to stories you hear or read about antisocial behavior by a former client. Was this person recently arrested for a drug, alcohol, weapons, trespassing, or restraining-order violation? Notice any "triggering event" he or she has suffered, such as a divorce, a mental health breakdown, a contrary court decision, or a termination of employment or benefits.
      Get help from law enforcement early. If you or members of your office feel concerned, afraid, or threatened by a current or former client's behavior, call the police and talk with them about possible actions, including: getting a restraining order, filing a criminal threats report, securing extra patrols for your area, or making a security plan for your office or facility.
      Create a "safe room" for emergency situations. This is a secure place where the members of your office can go in a life-threatening emergency. If, for example, an armed ex-client appears?ready for targeted, lethal violence?the staff should be able to get to the safe room, lock the door, call 911, and wait for law enforcement to arrive.
     
      Steve Albrecht (drsteve@drstevealbrecht.com) is a consultant and trainer based in San Diego.
     

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