Practice Tip: Personal Security Issues and Tips for Family Lawyers

“Criminal court is where bad people are on their best behavior. It's much more dangerous for lawyers and judges in family court, where good people are at their worst.”

While this noted quote by Richard Dooling frequently generates some laughs, it underscores the predisposition of many family court litigants. As family lawyers, we certainly deal with clients who are often experiencing tremendous emotional, psychological and financial pressures. At times, that pressure can be overwhelming.

In February 2013, a paternal grandfather shot and killed his grandson's mother and her friend at the entrance to the Delaware Family Courthouse when they arrived for a custody hearing. He was subsequently shot and killed by security. In June 2012, a litigant in Chesterfield, VA, shot at a lawyer across the street from the courthouse after a custody proceeding. In June 2006, a Nevada family court judge was shot by a divorce litigant.

Instances of family court violence are rare, but can be traumatic and deadly. Family lawyers must be on alert for potential violence, both at the office and at the courthouse. Protecting ourselves is not a topic covered in law school or law-firm orientation. However, some basic guidelines in view of the cited incidents should be followed.

During initial client interviews, we must ask about and investigate all family members and significant others (current and former) who may have a history of violence. Many states have criminal dockets easily accessible online. Lawyers should routinely run such criminal background checks on all parties and related parties in a case. With the rising rate of gun violence, it is important to find out from clients who, in connection with the case, may possess firearms, in the past and present. Also important are mental health histories and diagnoses of all involved.

This type of data on the litigants, their families and significant others should, at a minimum, provide some useful tips for family lawyers, of the level of caution they may need to exercise in handling a case. Appropriate protective measures can then be considered including building security and access to lawyers' offices.

Aside from our own cases, each time we enter the family courthouse, we come into contact with other litigants from all walks of life. Areas of the courthouse where litigants enter before passing security could be the most dangerous. If an attorney or staff entrance is available, always use it. If one is not available, the family law bar may consider requesting such an entrance from the family court administrative judge.

It may be advisable to arrive at the courthouse separately from the client. Being aware of exits and impediments to exits in the courthouse is also important. If there are well-grounded concerns of potential violence at a proceeding, lawyers can alert security in advance for presence in or around courtroom. Finally, the family law bar may request a representative from the family court security unit to educate the bar about family courthouse security. ' Julia Swain, Fox Rothschild LLP

“Criminal court is where bad people are on their best behavior. It's much more dangerous for lawyers and judges in family court, where good people are at their worst.”

While this noted quote by Richard Dooling frequently generates some laughs, it underscores the predisposition of many family court litigants. As family lawyers, we certainly deal with clients who are often experiencing tremendous emotional, psychological and financial pressures. At times, that pressure can be overwhelming.

In February 2013, a paternal grandfather shot and killed his grandson's mother and her friend at the entrance to the Delaware Family Courthouse when they arrived for a custody hearing. He was subsequently shot and killed by security. In June 2012, a litigant in Chesterfield, VA, shot at a lawyer across the street from the courthouse after a custody proceeding. In June 2006, a Nevada family court judge was shot by a divorce litigant.

Instances of family court violence are rare, but can be traumatic and deadly. Family lawyers must be on alert for potential violence, both at the office and at the courthouse. Protecting ourselves is not a topic covered in law school or law-firm orientation. However, some basic guidelines in view of the cited incidents should be followed.

During initial client interviews, we must ask about and investigate all family members and significant others (current and former) who may have a history of violence. Many states have criminal dockets easily accessible online. Lawyers should routinely run such criminal background checks on all parties and related parties in a case. With the rising rate of gun violence, it is important to find out from clients who, in connection with the case, may possess firearms, in the past and present. Also important are mental health histories and diagnoses of all involved.

This type of data on the litigants, their families and significant others should, at a minimum, provide some useful tips for family lawyers, of the level of caution they may need to exercise in handling a case. Appropriate protective measures can then be considered including building security and access to lawyers' offices.

Aside from our own cases, each time we enter the family courthouse, we come into contact with other litigants from all walks of life. Areas of the courthouse where litigants enter before passing security could be the most dangerous. If an attorney or staff entrance is available, always use it. If one is not available, the family law bar may consider requesting such an entrance from the family court administrative judge.

It may be advisable to arrive at the courthouse separately from the client. Being aware of exits and impediments to exits in the courthouse is also important. If there are well-grounded concerns of potential violence at a proceeding, lawyers can alert security in advance for presence in or around courtroom. Finally, the family law bar may request a representative from the family court security unit to educate the bar about family courthouse security. ' Julia Swain, Fox Rothschild LLP