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Monday, June 13, 2011

The Dangers of Family Law





Grim reminders of the dangers of family law

by Karen Sloan



At 9:20 a.m. on June 2, Carey Hal Dyess walked into the converted single-story house that served as Jerrold Shelley's law office in Yuma, Ariz.

Dyess, 73, instructed an office administrator to move out of the way and then shot and killed the 62-year-old lawyer, who had been in the process of packing up his office and retiring.

The attack wasn't random. Shelley had represented Dyess' ex-wife in a bitter divorce in 2006. He was one of five victims of a rampage that lasted six hours and ended only when Dyess turned the gun on himself.

Family law attorneys reacted to the news of Shelley's death with sadness, but not surprise. At least five family law attorneys have been killed or violently attacked by clients' ex-spouses since February 2010, and the recent deaths have highlighted the safety risks they face. In addition to Shelley:

• Redmond Coyle, 61, was shot and killed outside his office in Pickens, S.C., on Feb. 3, 2010, in front of his wife and child. His killer was Jerry Crenshaw, the ex-husband of a woman Coyle had represented in divorce proceedings. After shooting Coyle, Crenshaw killed himself.

• Terri Melcher on June 11, 2010, was stabbed nearly 30 times in her law office outside Minneapolis by the ex-husband of a woman she represented in a child custody case. Melcher was able to persuade her attacker to stop the assault and survived. The attacker, Sheikh Nyane, turned himself in to police.

• Judith Soley, 65, was shot and killed on Feb. 16 alongside her client at a restaurant near Fresno, Calif., while on court recess in the client's divorce. The assailant was the client's estranged husband, who later killed himself.

• Criminal defense attorney Emmett Corrigan, 30, was shot and killed in the parking lot of a Walgreens outside Boise, Idaho, on March 11 — one day after he had filed divorce proceedings on behalf of the attacker's wife, who was one of his employees.

It's difficult to gauge whether these incidents are on the rise because major legal organizations, including the American Bar Association, don't track statistics on crimes committed against attorneys because of their work. But family law is seen as a riskier practice than most, because people in the midst of divorce or facing the loss of their children tend to be highly emotional and may direct their anger at their estranged spouse's lawyer.

"There's a saying that in criminal court, you have bad people at their best," said Texas Supreme Court Judge Debra Lehrmann, who spent more than 20 years as a family court judge. "In family law, you get good people at their worst. In criminal court, dangerous people are in handcuffs. In family court, you don't have any idea who is dangerous."

Family court judges helped push for improved courthouse security measures after numerous shootings during the past two decades, many of them perpetrated by participants in family law cases, Lehrmann said. But metal detectors and security guards in courthouses can do little to protect attorneys in their homes and offices.

'EVERYONE HAS A STORY'
"It's not uncommon," said Linda Lea Viken, a family law practitioner in Rapid City, S.D., and the president of the American Academy of Matrimonial Lawyers. "I've talked to women lawyers who have had guns pulled on them. I've talked to a lot of lawyers who were threatened. It seems like everyone has a story."

Viken has had her mailbox smashed and a golf ball sent through her office window; she suspects that both incidents were instigated by estranged husbands of clients. The only time she felt truly frightened for her safety, however, was when a man against whom she had obtained a protection order for a client followed her home from her office one night two years ago.

"We have a security system at our home now," she said, but many family law attorneys are solo practitioners or work in small offices and don't have the budget for elaborate security measures.

Todd Scott, vice president of risk management and member services for Minnesota Lawyers Mutual Insurance Co., began looking in 2010 for safety advice that he could pass on to his attorney clients and was surprised to find few formal resources. "I would go to these attorney panels and seminars, and almost everywhere I spoke, there was a local story about someone getting attacked or killed, and family law is at the top of the list," Scott said. "There are some blind spots in our profession, and I think this issue of safety is one of them."

Viken agreed that colleagues rarely discuss safety openly. "There's a concern among attorneys that they don't want to give anyone ideas about doing things and create copycats," she said. "And for some people, it's embarrassing when they are threatened or harassed. They think, 'How did I let this happen?' I guess it's not something we talk about, but maybe it should be."

Scott plans to fill that void with an online seminar in July titled "Safety and Security in the Law Office." He suspects that lawyer attacks have become more frequent in recent years as more attorneys have hung out their shingle as a result of the hiring slowdown at large firms.

SECURITY TRAINING
Security consultant Jonathan Lusher has visited law firms with virtually no security beyond a receptionist, he said. He recommends that receptionists receive security training and have a plan in the event that a problem arises. Access to law offices beyond the reception area should be restricted, possibly through a buzzer system, Lusher suggested. Adding impact-resistant glass is another smart move for law offices, and attorneys should communicate with colleagues about their schedules and who is expected in the office, he said.

In Canada, the Ontario Bar Association formed a task force on lawyer safety in 2003 and later issued a personal security handbook with numerous recommendations, including that attorneys meet with potentially volatile clients in an open space or in a conference room with windows if the matter does not involve personal or privacy issues. The handbook also recommends brushing up on visual clues that someone might act out, such as clenching a fist or jaw and flushing of the face.

One way to reduce the likelihood of violence would be to make family law less adversarial, Lehrmann said. The legal community has been moving toward more collaborative approaches, she said.

Last year, the ABA launched its Fam­ilies Matter initiative, which encourages the use of alternative dispute resolution in family disputes. "The idea is to reduce the negative impact that the process can have on a family," she said. "The process itself can make a situation more dangerous, so it's best if you can defuse things before they ever get to that level."

Even the way that lawyers draft letters and court filings can set the tone for how their adversaries view them, Viken said. She always takes pains to preface any allegations recorded in documents with, "My client advised me that…".

"Family lawyers have to choose their words carefully," Viken said. "People in a divorce situation are not in their right minds. They are ratcheted up and they can strike out. The worst thing a lawyer can do is buy into that anger. I try to keep a calm attitude with my clients and keep them involved and informed. You can engender hatred and anger in how you handle a case."

Returning phone calls in a timely manner is also key, since people who feel they are being ignored may grow angrier over time and lash out, she said. It's also a smart idea to have a code word that will alert colleagues to emergencies. "Sometimes there is no way to tell how scary a former spouse of a client really is," Scott said. "And some lawyers just don't think anything like this will ever happen to them."

Karen Sloan can be contacted at ksloan@alm.com.

10 comments:

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Liaise said...

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Drucker John said...

This is nice article explaining the importance of family law as for every individual it is necessary to know the basics of law for their own right for living in society. As for such type of law should be boycotted in order to save one's freedom.

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