Your Lawyer Is Not Your Bodyguard - Call the Police First

As always, please review my blog’s disclaimer before reading this post by following the link at the top of the page or by clicking on this link.

Introduction

Say you are engaged in a dispute with a former friend.  One day, after a particularly nasty argument, that former friend shows up at your door, starts breaking it in, and is making verbal threats to kill you.  Who's the first person you call?  If you said "the police," then good, that's the answer that most people give, and it's the right answer.

But, let's change the scenario a little bit.  Let's say the dispute is a legal disagreement.  Maybe the "former friend" is the other parent of your child, and your dispute is over child support, or even more commonly, custody.  Let's say the dispute is already in court, and you have an attorney representing you.  Now who's the first person you call?  If you said "the police," then good, that's the right answer.  Unfortunately, far too often the reaction then seems to be "my lawyer," and in some cases, that's a mistake that can be fatal.

The reality is that litigation is a very frightening thing for a lot of people.  It changes the way we think about even the most basic parts of life.  When you have a particularly hotly contested case, this is especially true.  For some people, litigation can make them snap - engage in conduct, even violence, that they would not normally engage in.  For others, it makes them question every action they take.  Instead of asking "how will this affect me?" they ask "how will this affect my case?"  If you have a person facing each of these issues on different sides in a case, you have a potential powder keg waiting to blow up, and it is important that you be prepared to protect yourself.

With this blog post, I hope to cover some basics of when your attorney should not be the first person you call.

Limitations on an Attorney

I've been surprised while practicing law to learn how many people think attorneys have the power to arrest someone, take out a warrant against them, or otherwise take immediate physical action against someone - that we essentially have police powers.  Let me be clear - we do not.  If you ever hear someone say "her lawyer got me sent to jail," the person probably means through a contempt of court proceeding, that's about the closest we come.

Lawyers dispense legal advice and represent clients' interests in a courtroom.  That's about it.  We cannot arrest people, and calling us does not get you some special line to the police.  If you are in a police situation, all your attorney is going to be able to do is tell you to hang up and call the police, or your attorney might hang up and call 911 him or herself.

When to Call the Police

If you are in imminent danger, call the police, no matter what.  Don't worry about the effect it will have on your case, don't worry about how it might "look" to others, just call the police.  Imminent danger doesn't just mean the person's knocking on your door with a gun either.  Maybe they've just sent you a threatening message.  Anything that makes you feel like your life is in danger in the immediate future, your first call needs to be to the police.

The same extends to your children.  I find parents in custody disputes especially hesitant to call the police if they believe their children are in danger while with the other parent.  Police routinely perform "wellness checks" during a parent's visitation at the other parent's request, and as long as it's not a habit, it should not hurt your case.

If you take only one thing away from this post let it be this:  If a life is in danger, call the police first, you can call your lawyer later.

What Happens Afterwards

Now, since many of you may still be scared of the thought of calling the police first, I do want to discuss what happens afterwards if you do call the police.

In some cases, if your life turns out to have actually not been in danger, you may have to explain your actions to a judge.  Believe me, however, I would much rather be explaining to a judge why you called the police than be serving as a witness in your opponent's murder trial.  I believe most other attorneys would agree with me.  If you had an articulable reason for believing yourself or your children to be in danger, however, then there should be no impact on that case.

Further, if there was a real threat, then I would advise pursuing a protective order.  A protective order (known as a restraining order in many other states) allows you to call the police if the other person even approaches you in a non-threatening manner - it adds an extra layer of safety.  Even better, a protective order prohibits the other person from having a firearm, making it harder for him or her to harm you.

Conclusion

As tempting as it may be, if you are in a situation where your life, or the life of someone else, is in danger, your first phone call should be to the police, not your lawyer.  After the dust settles, your lawyer can help clear up any mess that it may have caused - but that's much better than your lawyer helping find someone to claim your body.  If you are in a situation where you feel a protective order might be warranted or you are otherwise concerned about your safety with regards to your legal matter, but your life is not in immediate danger (because if it is, CALL THE POLICE), please feel free to call (703)281-0134 or e-mail me at SLeven@thebaldwinlawfirm.com to set up an appointment.  Your initial consultation is free for up to half an hour.