Vermont Bar Journal, Vol. 40, No. 2 Vermont Bar Journal, Spring 2017, Volume 43, No. 1 | Page 31

Threats and Acts of Physical Violence
The Survey ’ s chief question asked attorneys if , while serving as a member of the Vermont legal profession , they had ever been the recipient of a threat or had been the victim of a violent act . Of the 240 responses to this question , 106 ( 44.2 percent ) of the respondents reported that they had been threatened and / or physically assaulted at least once .
Respondents to the Survey provided more than 126 examples of work-related threats and violence perpetrated against them . Some examples of egregious threats and violence reported by members of the Vermont legal profession include :
• My personal residence was shotgunned .
• Juvenile with multiple emotional / behavioral issues came to my office intoxicated and pulled out a gun .
• Opposing injured litigant hit me with his crutch in a conference room in the courthouse .
• [ A ] criminal defendant followed me down the street and made verbal threats . After that , he followed me one night in his car on to [ sic ] a deserted interstate .
• Pro se opposing party … hit me in the chin , put my hands behind my back and announced a citizen ’ s arrest ….
• I received a voicemail where an opposing client shot off a gun and then hung up .
• Threats of death and serious bodily injury made by criminal defendants and their family , most often made by written and verbal communications . Occasionally the threats were made face to face .
• [ A client ] followed me to my home and threatened me and scared me .
• A client came to the office and told my secretary she was going to hit me with a baseball bat .
As part of the Survey , respondents were asked to identify the area of law which comprises the majority of their legal practice . Not surprisingly , a significant percentage of respondents who reported threats and violence practice in the areas of criminal defense / prosecution ( 30.0 percent ) and family law ( 17.9 percent ). However , respondents in other areas of practice also reported being the recipients of threats and violence : Judge ( 7.6 percent ); Corporate / Commercial / Real Estate ( 8.5 percent ); and General Litigation ( 13.2 percent ); Labor / Employment / Civil Rights ( 3.8 percent ); and Wills / Estates ( 2.0 percent ). An additional 17.9 percent of respondents , practicing in other areas of law , reported being the recipients of threats and violence .
ceived relating specifically to their responsibilities as a legal practitioner . There were 102 respondents who reported the responses set forth in Table 2 below . Inappropriate and threatening communications were those communicated verbally ( in person and by phone ), through letters , email , text , Facebook , and even “ wanted posters ” with the attorney ’ s name and picture . Inappropriate approaches included face-to-face confrontations , attempts to commit violence , and being followed . Only 8 respondents ( 7.8 percent ) who identified themselves as recipients of threats and violence reported being the victim of a physical assault . Similar to the results of the other twentyfour state surveys , an overwhelming majority of respondents identified inappropriate and threatening communications and approaches . Inappropriate communications were made primarily in person or by phone , and included direct and veiled threats . For example , individuals made threats of : “” I ’ ll get you ”; “ Watch out ”; “ I ’ ve got your name and address ”; “ You better watch your back ”; “ I know where you live ”; “ You sure your tires are safe ?”; “ I ’ ll string you up and burn you ”; “ Be careful ”; “ I ’ ll show up at your office ”; “ I ’ ll throw you down the stairs ”; “ I ’ ll punch you in the face ”; “ I ’ ll make you pay ”; “ I ’ ll break you neck ”; etc . The majority of reported threats were made directly against attorneys . However , multiple threats were directed against attorneys ’ employees , families and children . One attorney reported where an opposing party left ten voicemails threatening his family , and made direct threats to his wife while they were walking down a street . Another attorney reported how a pro se party made threats concerning his child and named the elementary school that he attended .
Many respondents described their experiences of learning of threats through other forms of inappropriate communications , including vandalism to vehicles ( slashed tires , keyed car , etc .) and vandalism to / attack upon their residences ( propane tank intentionally damaged , shooting at residence , etc .), and even attacks on a pet ( pet dog shot ).
Table 2 : Types of Threats / Inappropriate Communications
Type Number
Inappropriate
88
Communications Inappropriate
56
Approaches Physical Assault 8 Property Damages 10 Other 14 Total 102
ents of threats and violence to indicate the number of threats they received . A total of 102 respondents reported they had received threats of violence in the practice of law . Of the respondents who were recipients of threats and violence , 84 ( 82.4 percent ) received more than one threat during their legal career . Only 4 ( 3.9 percent ) reported receiving more than ten threats during their legal career .
Threats and Violence as a Public or Private Attorney
The Survey asked respondents to identify whether the most recent threat ( s ) and violence experienced occurred while they were employed as public or private attorneys . Of 102 respondents , 58 ( 56.9 percent ) identified the last threat and violence occurred while employed in private practice , 39 ( 38.2 percent ) occurred while employed in public practice , and 5 ( 4.9 percent ) indicated that it occurred while they were employed in both public and private practice . As in other states , these responses suggest that Vermont attorneys experience threats and violence regardless of whether they are in private or public practice , while the number of threats and violence may differ based on the specific area of practice .
Locations of Threats
The Survey asked members of the Vermont legal profession to identify the location / s where they experienced threats . Similar to nearly all of the other state surveys conducted , the majority of respondents identified the business office ( 61 responses ) and the courthouse ( 59 responses ) as the most prominent locations of threats and violence . However , many respondents reported the occurrence of threats and violence at other locations , including at home ( 8 responses ) and elsewhere ( 26 responses ). For example , attorneys reported threats and attacks made while at jail , a restaurant , bar , grocery store , public streets , parking lots , other public locations , and at other attorney ’ s offices .
Threats and Subsequent Assaults
Attorneys who received threats were asked to identify if the individual who made the threat was the same person , or connected to the person , who most recently assaulted them . Of 102 responses , only 3 incidents of subsequent physical assaults were reported , and an additional 2 respondents could not identify whether the assaults were related to threats . This is lowest reported number of the twenty-five states surveyed .
A Look at Violence Against the Legal Profession
Types of Threats and Violence
The Survey asked respondents to identify the types of threats and acts of violence re-
Number of Threats Received
The Survey requested those respondents who identified themselves as recipi-
Relationship with the Perpetrator of Threats / Assaults
Recipients of threats and violence were
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