Dec. 20, 2017 – Wisconsin’s legal community was shocked and saddened to learn of the death of Schofield attorney Sara H. Quirt-Sann, one of four victims killed in shootings that occurred in March. She was in her law office when she was shot.

Legal cases, especially in the areas of family and criminal law, can put lawyers in harm’s way if a client or someone involved in the case decides violence is the answer.

In this video, family law attorney Daniel Bestul of Darlington and Madison criminal defense attorney Jessa Nicholson Goetz provide some tips on what law offices and lawyers can do to create a more secure and safe workplace environment.

“People accused of crimes can often present with personality disorders, or substance abuse disorders, or other types of aggression,” Nicholson said. “So there are threats to the safety of myself and my staff from time to time. We have taken some steps to make sure that everyone can keep doing the job they love to do and do so safely.”

“Family law is an area where people are very personally invested in the outcome of the cases and because of that they can get very emotional about issues that seem to be small to most of us,” said Bestul. “Often, emotions and anger get directed to the other party or the attorney involved. From my perspective, the most important thing in dealing with someone who is getting upset or aggravated ­– treat them with respect.”

Client Meetings

Nicholson said her office has a policy that at least two people on staff must be present for an initial client meeting. If the client wants to schedule a meeting offsite, the meeting will be scheduled in a very public place, such as a courthouse or coffee shop. “We would never schedule a meeting at someone’s home,” she said.

Bestul’s office has a policy that they will not meet with walk-ins. “If someone walks in our office, we may set up an appointment in a half-hour from then and ask them to come back. But we feel that a walk-in is a real red flag, and we simply make a point not to meet with those people, even if they are clients,” he said.

Bestul also said that asking a lot of questions, and engaging parties with empathy and active listening, can de-escalate a tense situation.

“I want to make sure they are aware that I’ve understood their concern, not necessarily that I’m agreeing with them, but to let them know that they have been heard,” he said.

“In my experience, the more they can talk about those issues, and the more they know they have been heard when expressing those issues, the more likely it is that the situation will de-escalate.”

Building Safety

Nicholson’s law office redesigned the layout to create more than one entrance and exit from the actual office suite. In the event a threat is present, staff have more than one escape route. But such measures aren’t always possible.

Bestul’s office has just one entrance and exit, but the office has a clearly defined reception area where two people are always present.

“Planning is probably the most important thing about workplace safety,” Bestul said. “Give some thought to your layout, your situation, the people you deal with, and come up with a plan and then communicate it with your staff.”

Report Threats

Finally, Bestul said if any party indicates a desire to harm someone, any meeting will be terminated. And if the situation can be handled properly, law enforcement will be notified. “I will most likely notify law enforcement of a concern they should be aware of.”

Daniel Bestul and Jessa Nicholson Goetz presented at the 2017 Wisconsin Solo and Small Firm Conference.