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Shootings put safety on lawyers' radar

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On the morning of March 27, someone allegedly ambushed attorney David Kuker in his garage, shooting him twice before fleeing. On May 1, Jeffrey Goeglein called police to say that someone fired shots through a window in his home. Both men work at Faegre Baker Daniels’ Fort Wayne office – Kuker is a partner, and Goeglein is an associate. And police say the two shootings do not appear to be random.

As of May 17, police had made no arrest in either case.

Law firms generally have security measures to protect employees in the office. Outside of work, the best strategy for staying safe is using common sense, identifying potentially dangerous people and learning to trust your instincts.

Clients under duress

On June 23, 1989, a man shot his estranged wife to death before driving 20 miles to Warsaw, Ind., where he shot and killed his wife’s attorney, Charles Ireland, inside Ireland’s law office. It’s a tragic tale that’s repeated over and over again when volatile family disputes erupt.

Indiana State Police Capt. Dave Bursten said attorneys who handle family and criminal law may run a higher risk of an attack, simply based on the disputes they’re trying to resolve. And trials can stir feelings of resentment or cause people to act out.

“You’ve probably met the spouse of your client, and if you have indications that lead you to believe this person could have violent tendencies, that’s something you should let the court know before the trial so the bailiff could have extra security there,” Bursten said.

Sometimes, though, an attorney is completely unaware of a potential danger.
 

deLaney-ed-mug.jpg DeLaney

In 2009, a man lured Rep. Ed DeLaney, D-Indianapolis, to the site of an alleged real estate transaction and attacked him. DeLaney, a real estate lawyer, had no reason to suspect anyone might be targeting him, and he didn’t recognize his attacker, Augustus Mendenhall. Mendenhall had been harboring a grudge against DeLaney for more than two decades, believing that the lawyer was responsible for his family’s financial problems after DeLaney represented a mall in a lawsuit against his father’s business.

“What bothered me then is that my dealings with his father were so remote – that’s the concern I have … you don’t know who is festering, who is angry, who is hurt and doesn’t know how to accept it,” DeLaney said. “In the course of litigation, you can detect that some people are handling it very badly. The problem is that there are those that don’t show it.”

The role of the firm

Law firms can and do take steps to protect employees from dangerous people.

Sabrina Presnell Rockoff, a lawyer with McGuire Wood & Bissette in North Carolina, has advised several corporations on internal human resource policies and employee relations. She said one of the most basic safety measures for a law firm is ensuring that all guests access the office through one central location.

“Our office, anyone can walk in at any time … any time you have a public place like that, having a centralized area where the public is received is important, and having the rest of the office protected from that centralized area – whether that be by key cards, doors, people having to have a security card or badge to get past – I think is a great way to protect employees,” she said.

The receptionist or person who greets guests should be trained on what to do if a threatening person enters the building, she said. And if the firm has recently fired a hostile employee or won a large jury verdict, managers can put the firm on alert and ask the receptionist to be on the lookout for particular people.


Weinzapfel Weinzapfel

“You need to make sure they have enough information to make sure they can take quick action to protect the rest of the workforce,” Rockoff said.

Law firms are concerned about protecting files, and Rockoff said that in securing access to files, firms can also protect workers. She cited as an example a firm where she worked that had all conference rooms on one floor. Guests could not access the lawyers’ offices or other parts of the building without a key card.

“That does two things – it protects the files and it protects the information, and it also has the effect of protecting employees,” Rockoff said.

Kerrie Weinzapfel, firm administrator for Bamberger Foreman Oswald & Hahn, in Evansville, said the firm advises attorneys to meet with clients in conference rooms instead of their office.

“For some practice areas, where emotions may run high, we encourage the use of conference rooms on the main floor of our office so that we can keep the client in a relatively public location and the location of the attorney’s office confidential,” she said.

Rockoff said she has handled some messy employment law cases that have caused her to move the location of a deposition.
safety factbox
“Something that I have done before where I had a really disgruntled plaintiff employee is hold the deposition at the courthouse so they have to go through the metal detector,” she said.

Asking for help

Weinzapfel said the firm does take threats seriously and has on occasion hired security guards when it believed additional precautions were necessary. If firm managers believe someone may be targeting them, Rockoff said, they can ask for increased police patrols in their area.

Boone County Sheriff Ken Campbell spoke to judges about courthouse security and courtroom safety at the Spring Judicial College in April.

“Certainly if you’re a judge or a lawyer, many of the people you come in contact with are of a group that may be more reactive, or they wouldn’t be involved in the legal system,” he said.

Campbell said judges should get to know their local sheriff and ask for help if they have any concerns about a person becoming violent.

“Establish that relationship with your sheriff, with your bailiff, with court security – and the same goes for lawyers,” he said.

Bursten said if someone does threaten an attorney, the attorney needs to point out that threatening an act of violence is illegal.

“If that doesn’t reset the person’s mainframe by – in a polite way – saying you’re committing a criminal act by what you just said, then maybe the best thing to do is to follow it through with legal action,” Bursten said.

Being alert

Campbell said that he often sees people walking down the street in what he calls “condition white” – completely unaware of what’s going on around them, staring at their smartphones.

“We’re bipeds – you need to walk with your head up and looking around,” he said.

He also said that people need to trust their instincts and recognize that when they feel something isn’t right, or the hair on the back of their neck stands up, that message should not be ignored.

“It’s your brain that’s basing this feeling on all your life experiences … your brain is telling you something; you’re just not always smart enough to recognize it,” he said.•

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  • rkba
    And some lawyers exercise their constitutional rights to keep and bear arms too. Something for miscreants to consider.

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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