Vermont Bar Journal, Vol. 40, No. 2 Vermont Bar Journal, Spring 2017, Volume 43, No. 1 | Page 32

Profession
also asked to identify their association with
the individual who most recently threatened/
assaulted them. See Table 3. As in all of the
other surveyed states, respondents reported
that threats and violence were primarily per-
petrated by opposing parties and the attor-
ney’s own client. However, responses show
that threats and violence can occur from any
individual involved in a legal case. Members
of the Vermont legal profession reported the
lowest number of threats and violence perpe-
trated by opposing counsel than any of the
other twenty-four states surveyed.
Table 3:
Perpetrators of Threats / Assaults
Attorneys who reported being the victim
of threats and violence were asked if it was
reported to police. Of 102 respondents, 37
(36.3 percent) indicated yes, while 48 (47.0
percent) said no. Another 17 respondents
(16.67 percent) did not find the question ap-
plicable.
Change in Conduct
Respondents that had received threats or
had been the victim of physical assault were
asked if such threats/violence had altered the
way they conducted their legal business. Of
98 respondents to this question, only 3 (3.1
percent) reported that such incidents had af-
fected their conduct a great deal, 34 (34.7
percent) indicated that their conduct had
been somewhat affected, and the majority,
61 (62.2 percent), identified that it did not
at all alter the way they conducted business.
However, several respondents reported tak-
ing steps to protect themselves and staff,
including: having a second person present
when there is an individual who may pose a
threat, limiting on-line personal information,
purchasing a weapon, etc.
# of Respon-
dents Percentage Client
Relative/
Associate
of Client
Opposing
Party
Relative/
Associate
of
Opposing
Party
Opposing
Counsel
Unknown 26 25.5 6 5.9 49 48.0 5 4.9 1 1.0 Conclusion
2 2.0 Other 13 12.8 Total 102 100% The Survey’s results show that many Ver-
mont attorneys experience a wide range
of work-related threats and violence, and it
should not be assumed that similar threats
and violence against attorneys are entirely
random or can only happen somewhere else
to someone else. Many attorneys regularly
work in very contentious and highly emotion-
al conflicts. The reality is that work-related vi-
olence and threats of violence can come from
any side of a given case and can occur be-
yond the courthouse and office, regardless of
one’s area of practice. Recognizing the re-
ality of potential violence in the practice of
law is a first step in helping to avoid and pre-
vent becoming the victim of work-related vi-
olence.
____________________
Stephen D. Kelson, Esq. is a shareholder at
Christensen & Jenson in Salt Lake City, Utah.
His practice focuses on commercial litigation
and torts. www.chrisjen.com.
When threats/assaults last occurred
Respondents were asked when they last
received a work-related threat or when they
were the victims of a physical assault. See
Table 4 below. Results show that of 102 re-
spondents to the question, the majority, 63
(61.8 percent), reported such acts had last oc-
curred within the past five years.
Table 4:
Last Work-Related Threat
Or Physical Assault
Time
Number Percentage
Within the
past year
1 – 5 years
ago
6 – 10 years
ago
More than
10 years
ago
Total
32
Whether incidents were
reported to Police
23 22.6
40 39.2
20 19.6
19 18.6
102 100%
THE VERMONT BAR JOURNAL • SPRING 2017
www.vtbar.org