Lawyers should be realistic about client safety concerns. No lawyer can protect their client from a determined domestic violence perpetrator. We can, however, take steps to minimize the risks our clients, ourselves, and others face. Safety tips for lawyers include:
- Screen to determine whether your client has been or is being subjected to abuse even if they are there for a different reason. (You may want to use the Power and Control Wheel in your screening.1 ) Simply asking someone whether he or she is a “victim of domestic violence” is not an effective screening tool because victims often do not readily identify themselves as “victims” in response to that question. Additionally, be on alert for other issues that may necessitate further screening (e.g., if the client’s partner accompanies her to the office and insists on participating in the interview, listens to your phone conversations, or is excessively litigious. These can be signs that domestic violence is involved).
- Assess the level of risk to your client and make sure she has a safety plan. Maintain a close and continuing partnership with an agency or organization that has expertise in both risk assessment and safety planning so that clients who are in danger can be connected to resources right away.2
- Keep all client information confidential. Train office staff on office security procedures and the importance of absolute confidentiality. Safeguard any client files that are taken out of the office.
- Protect the confidentiality of your client’s addresses (work, home, and children’s new school) in pleadings and discovery to the extent possible.3
- Practice safe communications with your client. This means first establishing safe contact information and carefully documenting client files with this information. Your client file should clearly and prominently indicate whether and when it is safe to call a client, whether it is safe to leave messages, and whether it is safe to mail documents to her at home.
- When you do initiate contact by telephone, speak only to your client. Do not tell a family member that you are a lawyer. If possible, block caller ID when you call. At the beginning of each call, ask your client if it is safe to talk. Do not leave messages on voice mail and never leave detailed messages at all. In high-risk cases, have a code word or expression that you and your client both understand is a signal that your client is in danger.
- Let your client know ahead of time about case developments so that she may take extra safety precautions if the abusive party becomes angry. Always keep your client informed about the filing and service of pleadings on former abusive partners so that she can do appropriate safety planning.
- For lawyer safety, avoid using your own cell phone to contact clients. Many abusive partners routinely monitor their partner’s communications and will not hesitate to “return” your call. Because of this risk, you may not want to identify your agency on your own voicemail greeting. If you do need to use your cellphone out of necessity or need to text your client, use a calling app like Google Voice to help keep your personal number private.
- Clients should not be kept in a public waiting room in your office when safety is potentially an issue. Consider telephone intake or other security measures when needed.
- 1For a copy of this tool to assess the overall patterns of abusive and violent behaviors in a case, see Domestic Abuse Intervention Project, Power and Control Wheel.
- 2For further discussion of safety plans and maintaining connections with resources for formulating them and supporting clients, see Section 2.3.3.
- 3In Louisiana, only protective orders under La. R.S. 46:2135–2136 expressly allow the victim’s address to remain confidential. However, lawyers can file motions as needed to protect address confidentiality, especially when responding to discovery requests.