Last updated February 2024

Lawyers being subjected to threats or physical violence while carrying out their work is a growing concern. While in the past these concerns were fairly isolated to family and criminal law, the body of research available highlights that other practice areas, notably general litigation, labour/employment and human rights law, also face elevated risk levels. Clients and opposing parties who encounter these types of legal issues often experience profound stress on multiple levels, including navigating the complexities of the legal system, encountering financial difficulties, adjusting to their new circumstances and weighing the potentially life-altering outcomes of their legal issues. Poor mental health and lack of personal community supports are also on the rise. It is important that lawyers take proactive steps to minimize the potential for experiencing harm and have a plan should they find themselves in an unsafe situation.

Set Expectations

Heightened anger or stress can stem from the client’s perception that their lawyer is ignoring them or not doing enough to advance their matter. Setting expectations early on is a straightforward but often overlooked aspect of establishing the lawyer-client relationship. Addressing the basics like what can and cannot be done for the client, office or working hours, general timing for responding to communication and what behaviour is unacceptable, preferably in a retainer agreement, will go a long way to ensure there is a common understanding of how the relationship will proceed.

A client’s objection or lack of regard to these expectations can be a warning sign that the client may be challenging as the matter progresses. Most challenging clients do not pose a safety issue, and it can be difficult to identify a potentially violent client in advance, but a person’s words and behaviour can point to this potential. The Law Society’s Dealing with Challenging Clients resource discusses signs that a client may be challenging, strategies for responding to the behaviour, and how to manage expectations should the retainer proceed.

Setting expectations is equally important when working with self-represented parties and, when necessary, opposing counsel. The Law Society’s Communications with a Self-Represented Party resource recommends steps to consider to avoid a misunderstanding about the role of opposing counsel or when the matter is becoming difficult to manage. While picking up the phone or meeting opposing counsel can go a long way to resolving a matter and building a working relationship, unfortunately it is not uncommon for (often junior) lawyers to be subjected to inappropriate behaviour from opposing counsel. It is never okay for any lawyer to yell or swear at, threaten or otherwise harm a fellow lawyer. Lawyers on the receiving end of this behaviour could initially consider limiting communications to writing and avoiding being alone with the offending lawyer. They can also seek support and advice from their workplace (if that’s available), the Law Society’s Practice Advisors or Assist.

Manage Safety Inside the Office

The security needs of lawyers and firms will vary with practice area, office design and location. Lawyers and law firms that are unsure of the security measures they require should consult a security professional, but at minimum, the following measures should be considered for most workplaces:

• Public access should be limited to one entrance, all visitors should be approved or verified, and visitors should not be allowed to roam freely through the premises unescorted or unobserved.
• Bathrooms that are accessible to the public should have separate codes or keys for staff and visitors, and any codes should be changed regularly.
• In addition to an alarm system or security service, security cameras that record high-definition video should be installed in all public space entry points and all entry points should be well lit. Notice should be provided that the office is monitored by security cameras.
• All staff should be aware of how to detect and respond to suspicious mail or deliveries. See the Law Society’s Law Firms and Security Strategies for Today’s World resource for indicators that may signal that a package is unsafe and how best to respond.
• Meetings with clients and opposing parties should ideally only take place in public spaces where safety measures can be implemented. This may mean having access to a panic button, having glass openings so you have a direct line of sight to at least one other staff member and having more than one option to exit the room. While there are other considerations to where you sit in a meeting, be aware that the safest spot will usually be closest to one of the exits.
• Office hours should be posted on the exterior entrance, and outside of these hours the door should only be opened for those known to staff or who have confirmed appointments. Consider what steps can be taken to limit meetings outside office hours, particularly when working alone in the office, and what should be done if someone finds themselves to be in an unsafe situation. Sole practitioners without staff could always leave the door locked and only see clients by appointment.

While this resource primarily addresses safety concerns as it relates to clients, opposing parties and others involved in a legal matter, it is important to consider that violence within the workplace is also a concern that needs to be addressed. The National Study on the Health and Wellness Determinants of Legal Professionals in Canada released in 2022 reported that 2.4 per cent of respondents “mentioned having been exposed to physical violence in the past 12 months” and that, in looking at incivility and violence collectively, 28.6 per cent of the time the act originated from a co-worker (pages 324-326). The authors of the report recommend that law firms establish a zero-tolerance policy on violence and incivility, a code of conduct for people in positions of authority or influence in the workplace, and a process for filing complaints that are assessed by an external person (page 385).

Manage Safety Outside the Office

Safety considerations outside the office can arise in a variety of ways.

Lawyers who work from home may meet people in their personal space. Lawyers may also meet people in personal residences, hotels, shelters, hospitals, nursing homes and secured settings, to name a few. Lawyers should proceed with caution in these situations as they can present unique challenges, particularly when the person is not known to the lawyer or firm.

It is prudent to have a telephone discussion before agreeing to meet with someone outside the office setting to establish some rapport and agree on how the meeting will take place. Give serious consideration before agreeing to meet alone in a personal residence or hotel room, and address where within a home the meeting will take place and who else may be present. If the client would like someone to sit in on the meeting, confirm why that is and record the person’s name and relationship to the client. If the discussion raises any red flags consider meeting in a public place, bringing a colleague to the meeting, or at the very least letting a colleague know the meeting location, when you can expect to be back or check-in, and what to do if you don’t return or check-in when expected.

For meetings that occur in a hospital, nursing home or secured setting, confirming what the facility’s security protocol is before the meeting takes place will help you plan the steps you should take if you need assistance.

While court and other advocacy settings tend to have an increased presence of people, security may not always be present and emotions among clients, the other side, third parties and counsel can run high. In addition to identifying and responding to family violence in client matters, consider taking further steps when necessary to keep both you and others safe. Arrive early and wait 15 minutes after the meeting or proceeding ends to minimize the chance of running into the other side; you can use this time to prepare and debrief with the client. If there are ongoing safety concerns, proactively notify any available security and don’t hesitate to call upon them if the need arises. Upon leaving, be vigilant of your surroundings and if a concern arises go to the closest location with security.

Maintain Privacy

It wasn’t that long ago that maintaining privacy was primarily achieved through ensuring a lawyer’s home address and phone number were kept private. Today, technology and use of social media has made it exceedingly easy for a determined stranger to find out very personal information about a lawyer and their loved ones.

Consider that many pictures that are posted, and associated comments, disclose information that can allow a person to locate the area someone resides in, the school their children attend and places they frequent. Photographs may disclose obvious markers like a street sign or the front of a school. A person could also perform a reverse image search to identify and locate specific images within a photo. Some sites and applications or users that have loose security settings may actually disclose Geotag information associated with a photo. Using a platform like Google Maps or Google Earth, this Geotag will disclose the exact location where the photograph was taken.

Responsible use of technology and social media on a personal level means being mindful that every single post potentially releases private information out to the world, which often cannot be retracted. In addition to being mindful of what is communicated in posts, check privacy settings to ensure Geotag information is not being disclosed and who can view posts is limited. It may also be helpful to talk with family and friends about the need to maintain and respect one’s privacy.

Talk About It

The idea that being subjected to threats or potential violence in certain practice areas comes with the territory has become so normalized that it often isn’t talked about or taken seriously until someone is harmed. It is also important to consider that domestic violence threats or other personal issues staff are experiencing may put people in harm’s way within the office setting. It is critical for people to disclose when a professional or personal concern arises so the situation can be assessed and proactively managed.

If the threat comes from a client, seriously consider whether it’s worth continuing to represent them. Although the threat may come from a place of redirected extreme anger or stress, it’s important not to underreact to the situation and acknowledge how it may affect the trust with the client. If representation continues safety measures should be taken, including only meeting with the client in a public space with security, such as a courthouse.

In all situations, consider reporting the incident to the police or seeking a protection order if warranted.

Designated people within the office who are knowledgeable in recognizing and responding to warning signs should be responsible for managing a list of people who are not welcome at the office and should ensure reception has a copy of the list with identifying information and know what to do if one of the identified people show up.

Being subjected to threats or potential violence can be traumatic and impact well-being. These conversations would be a good opportunity to ensure staff are aware of workplace and other supports that are available to help keep them safe and well.

Have a Plan

While proactive planning will help minimize the potential for experiencing harm, it is possible that a dangerous situation may nevertheless arise. Fear and uncertainty can greatly affect our ability to think quickly and clearly, and the reality is that the most natural human response in the face of danger is to simply do nothing. Being prepared is key to overcoming this response and being able to respond appropriately. As difficult as it might be, talking with staff about how to respond to potentially unsafe situations will help everyone make good decisions should a real incident occur. Ideally these discussions should occur at minimum annually to ensure the plan is kept current, and a written protocol or reference should be available for staff to review as needed. Simple plans will be easier to remember and implement in high stress situations, and could be as basic as the following:

• Designate at least two people, ideally with appropriate de-escalation training, that are alerted when threatening behaviour occurs within the office. Panic buttons or the use of a code word can be used to discreetly notify these people that a situation has arisen that requires their immediate attention. Different code words could be used to differentiate those situations that require de-escalation and those that require emergency response.
• If the situation becomes dangerous and the designated people are not responding, staff should do what they can to safely remove themselves from the situation and call 911. How one should remove themselves from the situation highly depends on the circumstances. Training on de-escalation and personal safety skills and supporting staff well-being will help staff to be alert to and appropriately respond to unsafe situations.
• Implement a buddy system where colleagues can call each other if they are outside the office and a situation arises that they feel does not warrant calling 911. The colleague who picks up the phone may be able to objectively assess the situation better than the colleague who is experiencing fear or panic. For sole practitioners who don’t have staff, consider implementing a buddy system with a fellow sole practitioner you trust.

Remember that security is a team effort. Ensure that your staff are comfortable disclosing threats, provide training and take safety concerns seriously. An ounce of prevention may truly save your or someone else’s life.

Written by Rebecca Young, Education Counsel, with the assistance of the Law Society of Alberta’s Investigations Team