"THE FIRST THING WE DO..."

• Published in: GPSolo Vol. 28; no. 1; p. 52
• Main Author: Scott, Todd C
• Format: Trade Publication Article
• Language: English
• Published: Chicago American Bar Association 01.01.2011
• Subjects: Attorneys; Child custody; Client relationships; Counties; Criminal statistics; Family law; Guards; Guidelines; Hazards; Judges & magistrates; Law enforcement; Local government; Occupational safety; Shootings; Violence; Women; United States > US
• ISSN: 1528-638X

"Your brain tells you, 'you're being shot,'" says [Richard Hendrickson], and time slowed down to the point where it felt like Hendrickson could count seconds between the moment he saw in his peripheral vision a glimpse of the pink dress [Susan Berkovitz] was wearing, to when the flash of the muzzle occurred as the gun discharged, to eventually the moment when Hendrickson felt a pain beyond anything he had ever known. "Now," Hendrickson adds, "an attorney also has to know when to get out of a situation." He acknowledges that nearly every attorney will routinely be required to deal with "goofy" individuals, but the client is depending on the attorney's gut instinct to recognize when the warning signs have reached a dangerous level. "Trust your gut," says Hendrickson. "If it's not right, or scary, or beyond bizarre, don't dismiss it." Hendrickson always knew that he would return to the practice of law after recovering from his injuries. Lawyers concerned about angry and intimidating parties will occasionally call Hendrickson for advice. He reminds lawyers that the world is full of dangerous people. Although Berkovitz had a range of emotional problems that led to her committing the assault, there were also a few strangers who attended the post-trial motions simply to show support for Berkovitz's defense. The reasoning of the defense was that Hendrickson deserved to be shot because, as a lawyer, "He had it coming." "Without realizing it, people take on more risks based upon a false sense of their past success," says [Mary Brandi]. Lawyers such as Hendrickson might have taken on cases thinking, "This doesn't feel right, but I've handled tough cases like this before." According to Brandi, legal professionals need to assess the level of danger in a matter by "judging what is going on in that situation, not how it compares to your past success."