PERSONAL SAFETY

Jeanine E. Verdel, Asst. Chief of Investigations (New Jersey)

and

Carla McCoy, Intake Legal Assistant (Colorado)

You are assigned a case involving allegations of gross neglect and knowing misappropriation. You immediately send a letter to the respondent scheduling an interview at his office. A few days before the interview you call respondent’s office to confirm the appointment. A paralegal confirms the appointment, but makes several statements during the conversation that indicate the paralegal is actually running the law practice.

On the day of the interview, you and the assigned attorney (a female) travel together to the respondent’s office - more than an hour from your office. You easily locate the address, but are surprised to find it is in a remote warehouse park and the respondent’s office is located in the last building backing up to a large wooded area. As you drive past the other buildings, you note that there is no visible activity in the complex.

Once inside the office, you find the respondent (a frail man who is terminally ill), the paralegal (a man who would fit right in with Tony Soprano and his associates) and another man who is identified as respondent’s ‘driver’.

The paralegal tries to dominate the conversation and proudly tells you about his accomplishments – including the fact that he is a law school graduate not admitted to the bar because of a criminal record. He readily admits that he served a lengthy jail sentence in federal prison for embezzlement. (Hmmm.) You also learn that respondent’s ‘driver’ was in federal prison with the paralegal; in fact, that is where they met. The reason for the ‘driver’ being in prison is never revealed. (Ah-hmmm.)

The wall art is also very telling. During the conversation your eyes are drawn to a wall hook directly behind the paralegal. The hook is shaped like a human hand pull into a fist with one finger extend – you can guess which one. Hanging from the finger are black wrought iron manacles.

So, would you be feeling a bit uncomfortable with this situation?

How about this scenario – a new investigator is asked to interview a disabled grievant who cannot leave her home or prepare a written grievance. You accompany the investigator for observation purposes. You check the address and note that it is located on a major roadway in a suburban area. So far, so good. When you arrive at the property, you discover that the front section of the first floor of the home has been converted for business use and you must walk through the shop in order to get to the grievant. (There are two very large, vicious dogs in the backyard.) You also find that the grievant has two adult daughters and an adult son, all present at the interview and all in perfect health. Oh, I forgot to mention that the shop you need to walk through happens to be a gun shop with enough hardware and ammunition to make Rambo drool.

Go ahead, laugh; in retrospect, the situations do appear unreal and even funny. However, these were real life situations that ethics investigators were faced with in New Jersey. Luckily, the investigators completed both interviews without a problem; but the reality is it could easily have been otherwise.

While situations that threaten our personal safety are rare, it can and does happen – usually when you least expect it. The very nature of our work sometimes puts us in situations that may pose a risk to our personal safety, i.e. upset witnesses or respondents faced with the loss of their livelihood. Therefore, we have compiled the following list of safety tips (including some very basic things which are sometimes overlooked) for working in the field or interviewing people in your office:

Ø When conducting field investigations, be sure that someone in the office knows where you are going, with whom you are meeting and how to contact you in case of an emergency.

Ø Take a cell phone with you. New Jersey has obtained a few office cell phones that can be signed out by the investigators with emergency contact numbers pre-programmed into the contact list, i.e. the receptionist and some managers direct lines. If you are using your personal phone, you may want to add the emergency contact numbers to your contact list.

Ø Your office should have a list of all employee home telephone numbers and cell phone numbers for emergency purposes.

Ø Utilize available Internet sources to gain information about a field location.

o www.local.live.com is a satellite mapping website that allows you to preview an interview location and the surrounding area. The satellite-maps also help with directions since you can view landmarks along the route. I (NJ) have personally used this website on several occasions – including my driving route through Washington, D.C. when I attended the OBI conference this past October. (Note: There are other satellite mapping websites, this is just the one that I have used.)

o Use whitepages.com to see if there are other parties/businesses located at the address you are visiting.

o Google the person you are interviewing, the information you obtain may help avoid a problem situation.

Ø If possible, have another staff member accompany you on field interviews. This is not only a benefit in terms of safety, but it provides corroboration and another perspective regarding questioning of the witness.

Ø Drive by and assess the exterior of the location before entering. Look for potential problems.

Ø Be aware and alert to your surroundings at all times.

Ø Once you enter an office or interview location, take note of where the exits are located. Be prepared to leave if necessary.

Ø Whenever possible, arrange the seating so that you are the person nearest to the exit. You want to avoid having any obstacles, including the person being interviewed, between you and the exit. By positioning yourself properly at the start, you can avoid being trapped in the interview room or having to walk past an agitated witness.

Ø Remember – you always have the option of terminating an interview and rescheduling for a later date and/or a different location if the situation becomes threatening.

Ø If a witness/respondent becomes agitated, try to diffuse the situation – speak calmly, take a break.

Ø Have written safety procedures in place for your office and communicate the procedures to all personnel. (You should include procedures in the event of a medical emergency in the office.)

Ø Visitors should have restricted access to your office. For example, in New Jersey, visitors are restricted to our reception area. The receptionist is behind bulletproof glass (standard operating procedure for ALL judicial offices) and the entrance from the reception area into the main office is locked at all times. Two interview rooms are located just off the reception area, outside the main office. The interview rooms are equipped with a telephone and an alarm that can be triggered if the witness demonstrates aggressive or threatening behavior. The alarms, located near the chair closest to the door, alert the receptionist that assistance is needed.

Miscellaneous Safety Items

DON’T BE, OR LOOK LIKE, A VICTIM.
Show a positive image by walking briskly, fixing your eyes on the distant horizon and keeping your center of gravity low and your head level.
Don’t look lost.
Seek help from officials only.
Proceed briskly with a sense of direction.
Limit contact with strangers – look through them.
BE ALERT !!!
Do not carry valuables with you.
If someone grabs your property (purse/briefcase) – LET GO. While it may be a pain, almost everything in your purse or briefcase can be replaced. (You can also throw it – if robbery is the primary intent, they will go after the purse/briefcase, give you time to get away.)
Place all personal items in the trunk of the car before arriving at your destination.
Photocopy important documents in your wallet (front and back) and keep the photocopies in a safe place. This way you have all the necessary information quickly available should your wallet be lost or stolen.
Keep your purse/briefcase out of window reach when traveling in a car.
Have your keys, both house and car, before you reach the door/car.
Avoid deserted areas – in buildings and outdoors.
When using an elevator, stand near the controls, look inside before getting on, use caution/discretion when getting on an elevator with a stranger and get off the elevator if someone suspicious enters. If you are attacked on an elevator, hit the alarm button and push as many floor buttons as possible.
Know where you are going and avoid unfamiliar areas.
Carry a whistle or personal alarm.
If you are attacked, you can use your briefcase to protect yourself.
Keep car keys on separate key chain that does not have a house key.
Do not put your address on your key chain.
Drive with windows up and doors locked in unfamiliar areas.
Always have at least a quarter tank of gas.
Park in well lit areas at night.
When possible, have someone walk with you to your car at night, then drive that person to their car.
Approach your parked car with caution – check around and under the car as you approach.
Check the back seat and floor before entering the car – especially when it is dark.
If you think someone is following you, drive to the nearest police or fire station, open gas station or other business where you can get help.
Use your cell phone to call for help if you see a disabled car or if your car becomes disabled.

Hopefully this has provided some helpful tips. Be safe and take care….

The authors give special thanks to Deb Ortiz for taking time to review this article for publication – at the same time she was preparing for her retirement! Best of luck in your retirement.