Risks from Clients and Opposing Parties for Family Law Attorneys

• Author: Michael C. Gottlieb,Hon. Dianna J. Gould‐Saltman,James N. Bow
• Published date: 01 April 2015
• Date: 01 April 2015
• DOI: http://doi.org/10.1111/fcre.12139

ADDITIONAL ARTICLE

RISKS FROM CLIENTS AND OPPOSING PARTIES FOR

FAMILY LAW ATTORNEYS

James N. Bow, Michael C. Gottlieb, and Hon. Dianna J. Gould-Saltman

In this study, the risks of being a family law attorney were explored. An Internet survey was conducted to examine their

experiences with a variety of problematic behaviors originating from their own clients as well as from opposing parties. The

findings indicated that 28% and 67% of participants reported threats of assault by their clients and opposing parties,

respectively.However, a much lower number of participants (11% and 10%) reported actually being assaulted by clients and

opposing parties. In addition, 9% to 23% of participants reported problems with stalking, property damage, theft, and/or

negative Internet postings. On the other hand,50% of par ticipants reported experiencing threats of lawsuits,bar complaints, or

dismissal by clients. Ways to more effectively deal with difficult clients, reduce risks, and increase safety are discussed.

Key Points for the Family Court Community:

• Discussion focuses on the numerous risks and challenges faced by family law attorneys in dealing with clients and

opposing parties.

• Ways of identifying and effectively dealing with difficult clients are reviewed.

• Strategies for reducing risks and improving safety are offered.

Keywords: Attorneys;;FamilyLaw;Violence;Threats;Risk Management;and Difficult Clients

INTRODUCTION

Based upon a concern for lawyer safety, some scholars have examined the risks of practicing law

(Hansen, 1998; Kelson, 2001; McCurry, 1998; U.S. Department of Justice, 2009); these studies

suggest that violence against lawyers has increased (Kelson, 2001; U.S. Depar tment of Justice, 2009).

Unsurprisingly, the majority of threats and/or actual violence occurred in the context of criminal

cases, but family law matters were not far behind (Kelson, 2001). Sloan (2011) noted that five family

law attorneys have been violently attacked or killed since Febr uary of 2010, all by opposing parties.

In addition, one study indicated that 60% of family law attorneys had been threatened by an opposing

party, and 17% reported being threatened by their own clients (McCurry, 1998). Another study

indicated that 12% of family law attorneys had actually been victims of violence by either their client

or the opposing party (Hansen, 1998). There is no established system for reporting threats or violence

either to the American Bar Association (ABA) or any state or federal agency (Brown & MacAlister,

2006). As a result, there is no data base available to evaluate trends regarding this problem; hence,

researchers must periodically collect data directly from legal professionals themselves.

It is important to reexamine the issue of violence toward family law attorneys since no published

empirical studies have focused on this issue over the past ten years. The present study also inquired

about other problematic behaviors targeted at family law attorneys, including property damage, theft,

stalking, negative Internet postings, and the filing of bar complaints. It was hypothesized that all

threats against family law attorneys had risen with accompanying trends of increased violence.

Correspondence: jbow@med.wayne.edu; drjamesbow@sbcglobal.net; michaelcgottlieb@gmail.com

FAMILY COURT REVIEW, Vol. 53 No. 2, April 2015 317–325

© 2015 Association of Familyand Conciliation Cour ts