Utah Bar Journal

Whether you are aware of it or not, many attorneys in Utah regularly experience workplace violence. From January 17th through February 17th, 2006, the Utah State Bar performed the first state-wide survey (the "Survey") concerning violence against members of the legal profession. The results of the Survey present a vivid and perhaps shocking picture of the nature and level of violence against the Utah legal profession. This article presents and examines the results of the Utah State Bar's Survey on Violence. Contrary to public perception, members of the Bar are not exempt from workplace violence, but in fact regularly face danger from opposing parties, interested parties, and their own clients, at anyplace and at anytime.1

II. Studies of Violence Against the Legal Profession
While there is no national method for reporting attacks against the legal profession, the few existing studies show that a substantial amount of violence regularly occurs. For example, statistics gathered by the U.S. Marshals Service provide a thorough study of violence against federal judicial officials in the United States. From October 1, 1980 to September 30, 1993, there were a total of 3,096 inappropriate communications or threats and assaults reportedly made against federal judges - an average of 238 per year.2 In comparison, 1,207 inappropriate communications or threats were reported in 1998 and 1999.3 To date, threats against federal judges have drastically increased to an average of 700 annually.4

It has been represented that threats against the legal profession at the state and local courts are far more serious and occur more frequently than those at the federal level.5 A 1999 survey by the Administrative Office of Pennsylvania Courts found that of 1,029 judges, 23 percent reported that they had received explicit threats; 17 percent reported actual physical assaults; and 44 percent reported inappropriate approaches.6 In 2001, the federal Bureau of Justice Statistics (BJS) conducted the first and only published study examining workplace aggression as it relates to prosecutors and office personnel.7 It reported that 81 percent of large state prosecutors' offices reported work-related threats or assaults in that year alone.8 A recent 2005 Canadian study of 1,152 lawyers in Vancouver and British Columbia indicated that 59.2 percent, 583 lawyers, reported varying degrees and numbers of threats.9

Closer to home, in December 2000, the Davis County Bar Association of Utah conducted a survey of its 161 members.10 In total, 130 members, representing 81 percent of the county bar, responded to the survey. Of the respondents, 13 percent reported that they had been physically assaulted at least once. Moreover, 59 percent reported having been threatened at least once by a client, the opposing party, or other interested persons in a legal action. Of 94 incidents of violence reported in the Davis County Bar Association survey, 12 incidents were perpetrated against lawyers by their own clients, and 69 incidents of violence were perpetrated by the opposing party in a case.11 Interestingly enough, the survey also revealed that 3 assaults and 1 threat were perpetrated by opposing counsel.12 These statistics clearly showed that violence against the Utah legal profession was not as uncommon as previously believed.

III. The Utah State Bar's Statewide Survey of Violence Against the Legal Profession
From January 17th through February 17th, 2006, the Utah State Bar conducted the first statewide survey of violence against the legal profession in the United States. During the relevant time period of the Survey, the Utah State Bar consisted of 8,745 members, including 6770 active and 1975 inactive members.

The 2006 Utah Bar Survey
The Survey was conducted online through www.surveymonkey.com. All members of the Utah State Bar with available e-mail addresses were requested to respond. The Survey itself was a hybrid of the prior 1999 survey performed by the Administrative Office of the Pennsylvania Courts, the 2001 Davis County Bar Association Survey, and the 2005 survey conducted of lawyers in Vancouver and British Columbia, Canada. It consisted of thirteen closed-ended questions with open-ended responses provided in two of the questions as they related to the category of law practiced and types of violence experienced. One descriptive question was also provided, wherein respondents could provide a brief description of any threat(s) or physical assault event(s).

Of the Survey's thirteen close-ended questions, five were demographic in nature and sought information from Bar members regarding:

* Gender

* In-state or out-of-state practitioners

* Age

* Area of practice

* Years of practice

The remaining eight close-ended questions sought responses regarding:

* Whether respondent had ever received threats or been the victim of violence

* Number of threats received

* Types of threats and/or violence

* Location of threats or violent acts

* Association between threat and violent act

* Relationship with perpetrator

* Reported to police

* Change in conduct

For purposes of the Survey, a "threat" was defined as: "A written or verbal intention to physically hurt or punish another, and (or) a written or verbal indication of impending physical danger or harm."

The Result: Threats and Violence.
The Survey received a total of 984 responses out of 8,745 members of the Utah Bar, representing 11.25 percent of its total membership. Where the Survey's responses present sufficient results to provide a thorough analysis of each of the close-ended questions as they relate to the five demographic close-ended questions, for purposes of length, this article focuses on the responses to the questions themselves and to the demographic questions solely as they apply to whether respondents have ever been the recipient of threats and/or violence.

1. Threats and Acts of Physical Violence.
The Survey's first question, and its primary focus, asked members to identify whether they had ever been the recipient of threats and/or acts of violence. Of the 984 responses to this question, 452 or 45.9 percent of the total respondents reported that they had been threatened and/or physically assaulted at least once. Respondents to the survey identified over three hundred examples of threats and/or acts of violence that have been perpetrated against them in response to the two open-ended responses in the Survey. Although there are far too many examples to list in this article, a few examples are provided to provide a sense of the kinds of violence attorneys in Utah have experienced:

* Over the years various telephone threats of bodily harm; vulgar notes, signed and unsigned;

* Numerous incidents of vandalism of my house and car, all by husbands who didn't like me representing abused spouses in divorces;

* I was told by gang detectives after visiting the prison that two gangs had placed a hit out for me;

* Struck by the brief case of opposing counsel who was attempting to remove confidential documents from my office;

* Individual ran me off the road after court. Did not actually hurt me but made threats and really scared me;

* I have had a defendant post a statement on his web site that he intended to kill me and my family;

* Night before trial, [client's] motel window was shot out with a bb gun. I was sitting at my desk the same evening preparing for trial and a bb shot went through my window whizzing past my ear;

* Pro se opposing party who called to tell me he was on his way to my office with a gun to kill us all;

* Client threatened to have me killed because she was not happy with the outcome of her auto/PI case;

* As I was going back into the courtroom I was "body slammed" against the wall by the defendant's brother;

* A fake bomb placed in my mail box;

* I was meeting with this client who became upset and slugged me in the chin;

* Telephone messages left with details of my movements and places and times that I could be vulnerable to attack with threats of violence if I didnÕt change my position on a case;

* During recess from a custody trial Ð Woman I was examining threatened to kill me and was later arrested trying to smuggle a gun into the courtroom;

These responses represent only the tip of the iceberg, and represent actual situations of threats and violence that members of the Bar experience.

2. Number of Threats Received.
The Survey's second question requested those respondents who had identified themselves as recipients of threats and/or violence to identify the number of threats received. A total of 443 respondents reported in the Survey that they had received threats in the practice of law. As shown in Table 1, the largest number of respondents, 159 (35.9 percent), identified that they had only received one threat. A total of 114 (25.7 percent) reported receiving two threats. Another 50 respondents (11.3 percent) reported having received three threats. Only 12 (2.7 percent) reported four threats. However, 108 (24.4 percent) of the respondents reported having received more than four threats during their legal career.

Table 1: Threats Experienced n=443
# of Respondents Percentage
One 159 35.9
Two 114 25.7
Three 50 11.3
Four 12 2.7
More than 4 108 24.4
Total 443 100%

In total, 284 members of the Utah legal profession or 28.9 percent of the Survey's total respondents reported receiving more than one threat during their legal career. The responses to this question show that attorneys in Utah, as a whole, receive a significant number of work-related threats.

3. Types of Threats.
The Survey's third question asked respondents to identify the type(s) of threats and/or acts of violence received as it/they related to the recipients' responsibilities as a legal practitioner. (See Table 2). The 430 affirmative responses to this question identified 754 different kinds of threats that occurred, including: 229 inappropriate, menacing, troubling communications (e.g. letter, phone, fax, verbal); 270 threatening communications (e.g. verbal, letter, phone, fax); 164 inappropriate approaches (e.g. followed, face-to-face confrontation or attempts); 25 physical assaults; and 66 incidents of a combination of two or more of the above kinds of threats/acts of violence.

Types of Threats /
Table 2: Inappropriate Communications n=754
# of Type Percentage
Inappropriate
Communications 229 30.4
Threatening
Communications 270 35.8
Inappropriate Approaches 164 21.8
Physical Assaults 25 3.3
Combination of two or
more of the above 66 8.7
Total 754 100%

4. Location of Threats.
The Survey's fourth question asked members of the Bar to identify the location of the experienced threats or violent acts. (See Table 3). Not surprisingly, the Survey responses identify that the most prominent locations of threats or violence have been the business office and courthouse. Of 674 reported locations of incidents, 280 (41.6 percent) occurred in the office, 205 (30.4 percent) occurred at the courthouse, 59 (8.8 percent) occurred at the attorneyÕs residence, and 65 (9.6 percent) occurred at other locations. An additional 65 responses (9.6 percent) identified a combination of the other responses.

Table 3: Where ThreatsViolence Occurs n=674
# of Respondents Percentage
Office 280 41.6
Courthouse 205 30.4
Residence 59 8.8
Elsewhere 65 9.6
Combination 65 9.6
Total 674 100%

The responses to this question show that although threats and violence predominantly occur at an attorney's work-related environment, it also occurs beyond the office and courthouse, including at home and other locations. For example, after prevailing in a case, one attorney found over a pound of nails spread in his driveway. Another attorney stated that an opposing party tried to hit him with golf balls while he was at a golf course. Many attorneys reported threatening telephone calls to their residence.

5. Threats and Subsequent Assaults.
In the Survey's fifth question, those members of the Bar who reported that they had received threats were asked to identify if the author or an individual connected to the author of an inappropriate or threatening communication subsequently physically assaulted the respondent. A total of 57 incidents of subsequent physical assaults were reported, and respondents reported an additional 6 incidents where they were unsure if the threats and subsequent assaults were related.

Table 4: Perpetrators of Threats/Assaults n=412
# of Resp. Percentage
Opposing/Associate
of client 197 47.8
Relative/Association
of Opposing Party 82 19.9
Clients 65 15.8
Relatives of Client 24 5.8
Unknown 17 4.1
Opposing Counsel 27 6.6
Total 412 100%

6. Relationship with the Perpetrators of Threats/Assaults.
The Sixth question asked members of the Utah Bar to identify their relationship with the individuals who threatened/assaulted them. (See Table 4). Of 412 affirmative respondents, 197 (47.8 percent) of the incidents were perpetrated by the opposing/associate of the client, 82 (19.9 percent) of the incidents were by the relative/ associate of an opposing party, 65 (15.8 percent) were perpetrated by clients, and 24 or 5.8 percent by relatives of a client. In 17 (4.1 percent) of the incidents, the relationship with the individual that threatened/assaulted a Bar member was unknown. The most interesting statistic was that 27 (6.6 percent) of reported incidents were perpetrated by opposing counsel.

These responses show that threats and violence are primarily perpetrated by opposing parties, their associates and relatives, and an attorney's own client. They also show that threats and violence can occur from any individual involved in a legal case, including other members of the Bar.

7. Responses to Threats/Physical Assaults.
The Survey's seventh question asked those respondents that received threats or have been the victim of a physical assault if it was reported to the police. Only 144 or 31.9 percent of the 452 members of the Bar who identified themselves as the recipients of threats or as the victims of violent acts reported such incidents to the police. Related thereto, the Survey's eighth question asked those members of the Utah Bar that identified themselves as recipients of threats and/or physical assault, if such violence altered the way they conducted their legal business. Only 28 respondents indicated that incidents had affected their conduct a great deal, and 168 stated that their conduct had somewhat been affected.

C. Demographic Survey Results.
The Survey's five demographic questions provide additional information regarding the distribution of threats and violence against members of the Utah legal profession by gender, in-state/out-of-state membership, age, area of practice, and years of practice.

1. Threats by Gender.
During the time period the Survey was conducted, the Utah State Bar consisted of 1269 active and 602 inactive female attorneys, who jointly represent 21.4 percent of the total membership (8745) of the Utah State Bar. In response to the Survey, 252 respondents identified themselves as female, representing 26 percent of the total respondents who identified their gender. Of this number, 115 or 45.6 percent of female attorneys who responded to the Survey identified that they had been the recipient of threats and/or the victim of violence during the course of their legal careers. Female attorneys represented 25.6 percent of the total respondents who identified that they had been the recipients of threats and/or violence. (See Table 5).

During the same time period, male attorneys represented 6874 or 78.6 percent of the total membership of the Utah State Bar. Of those attorneys who responded to the Survey, 717 identified themselves as male, which represents 74 percent of the respondents and 334 or 46.6 percent of the male attorneys stated they had been the recipient of threats and/or violence at some time during the course of their legal careers. See Chart 5 below.

The Survey revealed that although slightly more female attorneys, or slightly fewer male attorneys, responded to the Survey than representative of their total Bar membership, the percentage of male and female attorneys who identify themselves as recipients of threats and/or violence is approximately the same (46.6% and 45.6%).

Table 5 Threats / Violence by Gender
Female Male Total
# of Bar Memb. 1871 6874 8745
% of Bar Memb. 21.4 78.6 100%
# of Respond. 252 716 968
% of Respond. 26.0 74.0 100%
# of Threats/Violence
(all attnys) 115 334 449
% of Threats/Violence
(all attnys) 45.6 46.6 100%

2. In-State/Out-of-State Members
As previously set forth, during the time period of the Survey, the Utah State Bar consisted of 8,745 members. This total included approximately 6832 in-state and 1913 out-of-state members (or 28 percent of the total membership in the Bar). A total of 972 respondents identified themselves as in-state or out-of-state members of the Utah Bar. Of the respondents, 904 (93 percent) identified themselves as in-state members, and 68 (7 percent) identified themselves as out-of-state members. Furthermore, 417 (46.1 percent) of the responding in-state members, and 33 (48.5 percent) of out-of-state members indicated that they had been the recipient of threats and/or violence arising from their work in the legal profession.

A review of these Survey's results reveals that a disproportionately lower number of out-of-state members responded to the Survey than those in-state. The greater number of responses from in-state members arguably provides a more realistic representation of the level of threats and violence against the legal profession within the state; however, a greater response from out-of-state members would have provided a more accurate representation of threats and violence against the entire membership of the Utah State Bar.

3. Age.
Members of the Utah Bar were asked to identify their age as part of the Survey. 972 members responded as follows; 97 members indicated that they are 30 years and under, 311 members indicated that they were between 31 and 40 years old, 265 indicated that they were between 41 and 50 years old, and 299 indicated that they were 51 years or older. Of 97 respondents 30 years and under, 19 identified that they had been the recipient of threats and/or violence. Of the 311 respondents between the ages of 31 and 40, 113 identified that they had been the recipient of threats and/or violence. Of the 265 respondents between the ages of 41 and 50, 143 identified that they had been the recipient of threats and/or violence. And of the 299 respondents ages 51 and over, 174 identified that they had been the recipient of threats and/or violence. These results are more easily characterized in Table 6 below.

A simple examination of the Survey's results reveals what appears to be a correlation between the rising number of respondents who identify themselves as recipients of threats and violence and their reported age. While one might assume that the older respondents are the longer they have practiced law, and the more likely they are to be the recipient of threats and/or violence, such is not the case. As shown in Table 6, the number of threats and violence experienced by members of the Bar by age does not directly correspond with the number of years an attorney has practiced.

Table 6 Threats / Violence by Age Grouping
# of % of # of Threats/ % of Threats/
Resp. Resp. Violence Violence
30 and Under 97 10.0 19 4.2
31 to 40 311 32.0 113 25.2
41 to 50 265 27.3 143 31.8
51 and Over 299 30.7 174 38.8
Total 972 100% 449 100%

4. Area of Law.
The Survey also requested that respondents identify what area of law comprises a majority of their legal practice, and were provided the following options to choose from:

* Criminal Defense;

* State/Federal Prosecution;

* Family/Divorce;

* Wills/Estates;

* Administrative;

* Corporate/Commercial/Real Estate;

* General Litigation;

* Labor/Employment/Civil Rights;

* Other

A total of 971 respondents identified their primary area of practice, and of those, 448 or 46.1 percent indicated that they were recipients of threats and/or violence. Table 7 below, identifies the number of respondents in each area of law with their corresponding responses of threats and/or violence related to their involvement as legal practitioners, and represents the following: 33 (63.5 percent) of the 52 members who identified Criminal Defense; 75 (68.2 percent) of the 110 who identified State/ Federal Prosecution; 57 (68.7 percent) of 83 who identified Family/Divorce; 6 (24 percent) of the 25 who identified Wills/ Estates; 10 (34.5 percent) of 29 who identified Administrative; 52 (32.5 percent) of 160 who identified Corporate/Commercial/ Real Estate; 114 (46.3 percent) of 246 who identified General Litigation; 18 (47.4 percent) of 38 who identified Labor/ Employment/Civil Rights; and 84 (58.3 percent) of 228 who identified their primary area of law as Other.

The results show that by percentage, attorneys that practice in the areas of Criminal Defense, State/Federal Prosecution and Family/Divorce received the greatest numbers of threats and/or violence. However, the results also show that a significant number of threats and violence occur in all of the Survey's other identified areas of law, as well as in other unidentified areas of law.

Table 7 Threats / Violence by Area of Practice n=971
# of Resp. % of Resp. # of Threats/ % of Threats/
Violence Violence
per Category
Criminal Defense 52 5.4 33 63.5
State/Federal
Prosecution 110 11.3 75 68.2
Family/Divorce 83 8.5 57 68.7
Wills/Estates 25 2.6 6 24.0
Administrative 29 3.0 10 34.5
Corporate/Commercial/
Real Estate 160 16.5 52 32.5
General Litigation 246 25.3 114 46.3
Labor/Employment/
Civil Rights 38 3.9 18 47.4
Other 228 23.5 84 36.8
Total 971 100% 449

5. Years of Practice.
Lastly, Respondents were asked to identify the number of years that they have been in practice. Of the 969 members who responded to this question, 448 or 46.1 percent identified that they were recipients of threats and/or violence. Table 8 below, identifies the number of respondents who indicated that they had experienced threats and/or violence with respect to the number of years they have been in practice: 4 or 8.7 percent of 46 with less than 1 year; 58 or 30.4 percent of 191 with 1 - 5 years; 62 or 37.8 percent of 164 with 6 - 10 years; 74 or 53.6 percent of 138 with 11 - 15 years; 78 or 65 percent of 120 with 16 - 20 years; 116 or 52.3 percent of 222 with 21 Ð 30 years; and 57 or 64.8 percent of 88 with more than 31 years in practice.

The Survey's results show a strong increase in the percentage of violence that was reported by attorneys that have been practicing for 20 years or less. Interestingly enough, there is a significant decrease of threats and/or violence reported by attorneys that have practiced for 21 to 30 years, then another rise for attorneys that have practiced for more than 31 years. It could be argued that these changes in the percentage of threats that were reported by attorneys who have practiced for more than 20 years might be related to the fact that violence in the legal profession has been increasing since the 1980's. Although, the Survey was not designed to examine this issue, and the results do not provide sufficient information to make any conclusion, it is possible that such a dynamic might explain the gradual rise of threats/violence against Utah Bar members who have been practicing during the past 20 years.

IV. Conclusion
The results of the Utah Bar's 2006 survey of violence against the legal profession shows that contrary to public perception and those of the Utah legal community, a large percentage of members of the Bar regularly face threats and/or violence in their practice. Although the amount of violence experienced by the Bar varies due to factors such as the age, area of practice, and years of practice of an attorney, the Survey's results clearly show that threats and/or violence can come from clients, opposing parties, interested parties, and even opposing counsel in any field of the legal profession at any place and at any time - and no member of the Utah Bar is necessarily immune from the potential of workplace violence. So the next time the media reports an unfortunate but sensational act of violence against the legal profession somewhere else in the United States, take note, it doesn't mean that something similar cannot happen here.

Table 8 Threats / Violence by Years of Practice n=969
# of Resp. % of Resp. # of Threats/ % of Threats/
Violence Violence
per category
Less than 1 46 4.8 4 8.7
1 - 5 191 19.7 58 30.4
6 - 10 164 16.9 62 37.8
11 - 15 138 14.2 74 53.6
16 - 20 120 12.4 78 65.0
21 - 30 222 22.9 116 52.3
31 and over 88 9.1 57 64.8
Total 969 100% 449

1. I would like to thank Lincoln Mead of the Utah Bar for his help in organizing the Violence Survey and for its distribution to members of the Bar.

2. Frederick S. Calhoun, Hunters and Howlers: Threats and Violence Against Federal Judicial Officials in the United States, 1789-1993, 51 (U.S. Marshals Service, 1998).

3. See Kim Smith, Threat Investigator Works to Keep Judges from Harm, Las Vegas Sun, August 10, 1999, available at http://www.lasvegassun.com/sunbin/...0/509159941.html; see also Andrew Woldfson, Judges, Prosecutors Feel Vulnerable: Capps Killing Illustrates Perils They Face at Work, Home, The Courier-Journal Local News, June 13, 2000, available at http://www.courier-journal.com/localnews/2000/0006/13/ 000613fear.html.

4. In Courts>, Threats Become Alarming Fact of Life, New York Times, March 20, 2005, at 11, available at 2005 WLNR 4309270.

5. Calhoun, note 9, at 29.

6. Don Hardenbergh & Neil Allen Weiner, Preface, in The Annals of the American Academy of Political and Social Science 2001: 576, 13-15 (Alan W. Heston, et al. eds., July 2001).

7. DeFrances, C.J., ÒState Court Prosecutors in Large Districts, 2001,Ó Bureau of Justice Statistics Bulletin. Washington, DC.: U.S. Department of Justice (2001); De Frances, C. J., ÒProsecutors in State Courts, 2002,Ó Bureau of Justice Statistics Bulletin. Washington, DC: U.S. Department of Justice. (2002).

8. Id.

9. Karen N. Brown, An Exploratory Analysis of Violence and Threats Against Lawyers (2005) (unpublished M.A. thesis, Simon Fraser University)(on file with the Simon Fraser University), available at http:ir.lib.sfu.ca/retrieve/2110/etd1740.pdf.

10. Stephen Kelson, An Increasingly Violent Profession, 14 Utah Bar J. 13, March 2001, at 9.

11. Id.

12. Id.